ILR – Discretionary Leave
You can apply for ILR on the basis of Discretionary Leave once you have spent 10 years in the UK with Discretionary Leave to Remain (DLR).
If you were granted discretionary leave for 30 months and the leave was granted outside the Immigration Rules due to compelling and compassionate circumstances of the applicant, an application for ILR can be made once the applicant has spent 10 years in the UK under this category. Most applicants will be able to apply for ILR earlier under the 10 years long residence category as they would normally complete 10 years continuous and lawful residence earlier than 10 years under the 10 years under the discretionary leave category.
As one of the expert immigration solicitors based in London we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your ILR application whereby decision on your ILR application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.
Our specialist discretionary leave solicitors can prepare and submit your ILR application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your ILR application within 24 hours. This way, you will not have to wait for the decision on your ILR application for months (sometimes years).
If your application for ILR on the basis of Discretionary Leave 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 ILR on the basis of Discretionary Leave within 14 days of your section 3C leave ending. We can provide the required legal help and assistance with re-applying for ILR on the basis of discretionary leave through our Super Priority Service.
As your legal representatives, our discretionary leave solicitors can represent you in your application for ILR on the basis of discretionary leave and carry out all the work on your ILR application until a decision is received from the Home Office UKVI. If instructed to represent you regarding your ILR application on the basis of discretionary leave, the immigration casework to be carried out by our ILR solicitors will include the following:
- Assessing your eligibility for ILR on the basis of discretionary leave by considering all your personal circumstances;
- Advising you on the weaknesses and strengths of your ILR application on the basis of discretionary leave;
- Advising you on the relevant documents to be submitted in support of your ILR application;
- Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI;
- Completing and submitting the online application form to apply for ILR on the basis of discretionary leave by gathering all the relevant information from you;
- Helping you with paying the ILR application fee online;
- Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
- Where necessary, preparing detailed witness statement of the applicant and/or the sponsor explaining your eligibility for the grant of ILR on the basis of discretionary leave;
- Preparing a detailed cover letter to introduce and support your ILR 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 ILR application.
Unless your matter is very complicated, our fixed fees for ILR on the basis of discretionary leave are as given in the fee table below:
|Our Service||Our Fee|
|Full service for ILR on the basis of discretionary leave to cover all the work until decision by the Home Office UKVI||From £1,000 + VAT To £1,500 + VAT|
The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the ILR application. In addition to our fixed fee for ILR on the basis of discretionary leave, the applicant will also have to pay the Home office UKVI fees for the application.