Criteria for granting for Discretionary Leave to Remain
There are some different cases that fall under the Discretionary Leave to Remain such as:
Medical cases: This category apply to both asylum and non-asylum cases.The main principle under these cases is that a person cannot avoid return on the basis of medical, social or any form of assistance required in UK. However under Article 3 it says “whether the applicant’s illness has reached a critical stage that would be inhuman to deprive him form care that is currently receiving and send in home “.Therefore the applicant need to show exceptional circumstances in order to prevent return based on humanitarian considerations , such as being in final stages of a terminal illness.
There is good news about all individuals who are in the UK and want to switch to dependant visa without going out of the UK. From 1 October 2013 the Home Office has changed the Immigration Rules in order implement the High Court judgment of Zhang v Secretary for the Home Department which permits migrants who are in the UK in other visa categories to switch and become a dependant of a Point Based System main applicant. The judgment set up a binding precedent which the Home Office would have it very difficult to bay-pass hence they incorporated the judgment in the Immigration Rules.
The UK's Home Secretary has recently announced that the government will reform the country's immigration tribunals and appeals system to make it easier to deport people.
Permitted study as a general visitor – Not exceeding 30 days and should be a recreational course.
Indefinite Leave to Remain and Naturalisation - The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom.
For many applicants who submit the application to the Home Office their main question is how long will the application take to be processed and when will the get your visas. The truth is that there is no straight answer to this. The timeline can be anything from 1 to 6 months or even more for complicated or discretionary cases. As a business practice we have seen that most of the cases get decided within 4-6 weeks.
Over the past few days Imperial Visas office has been overwhelmed by client calls asking for clarification about the New English language requirements which the Home Office will introduce for individuals applying for ILR and for Naturalization.
From 1 October 2013, changes to the Immigration Rules will include:
On 18 August 2013, most applicants booking a premium appointment at a public enquiry office (PEO) will be asked to pay the full application cost and booking fee upfront, using a new online system.
The new process will help applicants access PEO appointments and at the same time tackle those who are abusing the booking system.
On 5 July 2013 the High Court delivered its judgment on a legal challenge to the minimum income threshold for spouses/partners and children applying in the family route. The Home Office has paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable us to consider the implications of the judgment.
Croatian nationals are now able to move and live freely in any Member State of the EU as they do not need permission under our immigration rules to reside legally in the UK. A Croatian national has a right of residence in any EU Member State for the first 3 months of residence on an unrestricted basis and can remain legally resident in that state as long as they wish, providing they are exercising a Treaty right as a student, a self-employed person, or if self-sufficient (and not economically active).
On 10th of June the Home Office has introduced a few minor changes to the Immigration Rules which will be coming into effect from 1st of July 2013. It is becoming a habit now for the Home Office to publish new rules in July of each year as well as their regularly do it at the end of each financial year in April.
04 May 2012
Our public enquiry offices (PEOs) have experienced disruption over the past few weeks. We are working hard to ensure that we return to a normal service as quickly as we can.
10 May 2012
A clause in the Crime and Courts Bill, published today, will remove the full right of appeal for those applying to enter the UK as a family visitor. Subject to Parliamentary approval and Royal Assent, this change is expected to come into force by 2014. Refused applicants will still be able to appeal on limited grounds of human rights or race discrimination.
13 June 2012
The Government has announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route. The new Immigration Rules will also unify consideration under the rules and Article 8 of the European Convention on Human Rights, by defining the basis on which a person can enter or remain in the UK on the basis of their family or private life.