The elderly dependent parents and other relatives of a British Citizen or settled person can submit human rights application for Discretionary Leave outside the Immigration Rules if they can establish that they are dependent on their UK sponsor beyond normal emotional ties and further that requiring them to leave the UK will be disproportionate interference in their private and family life.

Dependency Beyond Normal Emotional Ties

The UK courts have held that there is family life established between eldelry parents and dependent relatives if they are dependent on their British or settled sponsor beyond normal emotional ties. As there is no specific provision within Appendix FM to the Immigration Rules for an in-country application by elderly dependent parents or relatives, such application can only be made outside the rules based on family life established between the applicants and their sponsor.Dependence beyond normal emotional ties can only be established where the applicant is physically dependent on the sponsor due to the applicant’s age, illness or disability. The factors such as mental health issues of the applicant and need for emotional support from the UK sponsor are crucial for succeeding in such applications.

Grant Of Discretionary Leave

As a result of success application, the applicants will be granted Discretionary Leave to Remain (DLR) outside the Rules for 30 months under 10 years Discretionary Leave route.

Re-Applying For Discretionary Leave To Remain After The Refusal

If your application for discretionary leave to remain has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for discretionary leave to remain. We can provide the required legal help and assistance with re-applying for discretionary leave to remain after the refusal of your application.

How Can We Help?

Our expert team of immigration solicitors specialise in discretionary leave to remain applications. If instructed to represent you regarding your application for discretionary leave to remain, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your application. The immigration casework to be carried out by our expert team of immigration solicitors will include the following:

• Assessing your eligibility for discretionary leave to remain by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your discretionary leave application;
• Advising you on the relevant documents to be submitted in support of your discretionary leave to remain application;
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
• Completing and submitting the online application form to apply for discretionary leave to remain by gathering all the relevant information from you and your settled family member / relative;
• Helping you with paying the discretionary leave application fee and the Immigration Health Surcharge (IHS) for the application;
• Booking your appointment with the application centre for enrolment of your biometrics;
• Preparing detailed witness statements of the applicant and the UK sponsor explaining the dependency of the applicant on the UK sponsor and other relevant factors pertaining to the application;
• Preparing a detailed cover letter to introduce and support your discretionary leave application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• Liaising with the Home Office UKVI for a timely decision on your discretionary leave application.

Our Fixed Fee For Discretionary Leave To Remain As Adult Dependent Relative (ADR)

Unless your matter is extremely complicated, our fixed fees for discretionary leave to remain by an adult dependent relative of a British Citizen / settled person are as given in the fee table below:

The agreed fixed fee will depend on the complexity of the discretionary leave to remain application and the volume of casework involved in the application. In addition to our fixed fee for discretionary leave to remain, the applicant will also have to pay the Home office UKVI fees for the application.