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 Ro Remain Application

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:

Our Service Our Fee
One-off immigration consultation/advice for discretionary leave to remain from inside the UK £80 (inclusive of VAT)
One-Off Application Checking Service / Documents Assessment £240 (inclusive of VAT)
Complete help and support for discretionary leave to remain application to  cover all the work until decision by the Home Office UKVI From £800 + VAT To £1,500 + VAT

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.

Our Team Of Leading Immigration Lawyers

As specialist immigration lawyers, we pride in having one of the best team of specialist immigration solicitors and lawyers with wealth of knowledge and experience to deal with all types of UK visa and immigration matters. Our top rated immigration lawyers have successfully helped thousands of clients with all types of UK visa and immigration applications, immigration appeals, Administrative Review, Pre-Action Protocol (PAP) and Judicial Review (JR).

Following are the leading immigration lawyers and solicitors in our team of immigration lawyers:

What Our Clients Say About Us In Google Reviews?

  • Many thanks! I requested some information relating to my case and the response was effective and professional. It is really helpful that by email I received the response without any hassle!
  • They've been really helpful and took me through the whole process of getting my indefinite leave to remain. Without them, I don't think I would have gotten it! So I recommend the company a lot!
  • We’ve used Sunrise Solicitors for the last 5 years for my wife’s journey through the spouse visa process up to indefinite leave to remain. For Each application, Mr Naviwala’s document checking service has been absolutely invaluable to us, helping us decipher the cryptic questions on the application and providing us clear advice on the multitude of supporting documents we need to provide. I can’t recommend the service enough. It takes so much of the stress out of the situation.
  • We have received great advice from Amir regarding our issue. He was very helpful have come up with a solution we could have not found on our own. After our consultation we have been convinced that this is the right place to help with our visa application. I strongly recommend Sunrise Solicitors for any questions in regards to UK immigration.
  • I would recommend this company without a second thought. Nargis was the solicitor I was assigned and she was competent, charming and helpful. One really useful thing they do is give you an honest assessment of your case. I was looking for a visa and they said I had a very good chance of getting it and they were correct - I got it. Turns out these people really know their UK immigration law.