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Other Immigration Applications Discretionary Leave Frequently Asked Questions (FAQs) About Discretionary LeaveFrequently Asked Questions (FAQs) About Discretionary Leave
Q.1: When can a person with Discretionary Leave apply for Indefinite Leave To Remain (ILR)?
Answer: You will not be able to apply for Indefinite Leave to Remain (ILR) until you have lived in the UK for at least six years under the Discretionary Leave to Remain. Application for Indefinite Leave to Remain is made using Application Form HPDL if you were granted discretionary leave to remain following refusal of your asylum claim and in any other case the application form SET (O) will be used to apply for Indefinite Leave to Remain (ILR).
Q.2: Which Application Form should be used to apply for Discretionary Leave?
Answer: To make an initial application for discretionary leave, an Application Form FLR (O) should be used. If you were previously granted discretionary leave as a result of FLR (O) application, you can then apply for extention of your discretionary leave by using the same form i.e. FLR (O) Application Form. An application for Indefinite Leave to Remain (ILR) in such case will be made using the Application Form SET (O).
If you were granted discretionary leave as a result of refusal of your asylum claim, you can apply for extension of your discretionary leave by using Application Form HPDL. An application for ILR will also be made using form HPDL in such case.
Q.3: Will I get right to appeal if my Discretionary Leave Application is refused by the Home Office?
Answer: If your FLR (O) application for initial discretionary leave to remain is refused by the Home Office, you may or may not get a right to appeal to the First Tier Tribunal of the Immigration and Asylum Chambers.
You may get right of appeal against the refusal of your FLR (O) application for discretionary leave only if an enforcement decision is made by the Home Office giving directions for your removal from the UK on the grounds that your removal from the UK will be breach of the UK's obligations under the European Convention On Human Rights (ECHR) unless the Home Office certified your human rights claim as manifestly unfounded.
Your will get right to appeal against the refusal of your application for extension of your discreitonary leave as long as you made the application for extension of your discretionary leave before the expiry of your leave.