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A person can apply for Discretionary Leave to Remain on the basis of Article 8 of the European Convention on Human Rights (ECHR) arguing that his/her removal from the UK will result in breach of the UK's obligations under Article 8 of the ECHR and that interference of the UK Authorities in a person's private and family life will be an unreasonable and disproportionate interference. The Discretionary Leave to Remain is a leave granted by the Secretary of State outside the Immigration Rules and any exceptional and compassionate circumstances in the case are always a relevant consideration when it is decided whether or not discretion should be exercised to grant Discretionary Leave to Remain. The Home Office will only give you discretionary leave to remain in limited circumstances.

To make an initial application for discretionary leave, an Application Form FLR (O) should be used.

Discretionary Leave Following Refusal of An Asylum Claim

If you have claimed asylum in the UK and the Home Office do not recognise you as a refugee or a person who qualifies for humanitarian protection, the Home Office UKBA may give you another type of temporary permission to stay in the UK. This permission is called 'discretIonary leave to remain'. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.

How To Challenge Refusal Of Discretionary Leave To Remain?

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. The right of appeal will be on the grounds that your removal from the UK will be in 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.

If you have not been granted right of appeal to appeal to the First Tier Tribunal you can have the option to challenge the refusal of your application by way of Judicial Review in High Court.

Why Sunrise Solicitors For Your Application For Discretionary Leave To Remain?

The immigration solicitors at Sunrise Solicitors are experts in dealing with initial applications for discretionary leave to remain. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your initial application for discretionary leave to remain and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fees For Initial Application For Discretionary Leave To Remain

  • We will charge you a fee from £1,500 + VAT for our professional immigration services in relation to your initial application for discretionary leave to remain. The agreed fee will depend on the complexity of the matter and the casework involved in the application.
  • Please be advised that VAT will not be applicable where our client does not have a valid leave to remain in the UK at the time of his/her instructions to us in relation to his/her application.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your discretionary leave to remain application, you can pay half of the fee at the time of instructing us and the balance can be paid within a month from the date of initial instructions.
  • The agreed fee will cover all our work until decision by the Home Office , UKBA on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by  us on your behalf e.g. translation of documents, Home Office fee etc.