Discretionary leave to stay is a privilege provided by the Government of the UK. It allows people to continue living in the UK if they find themselves in a position where it would be unfair to ask them to abandon their families and personal lives. This is known as a discretionary leave on compassionate grounds and means that people can bypass the standard immigration rules that would otherwise prevent them from applying for a right to stay.
Discretionary leave to stay exists to cover cases where removing someone from the UK would be unjustifiably serious. For instance, if people have a severe medical condition or are even in the final stages of a terminal disease, the home office may determine that they cannot be sent back to their home country because there is no proper treatment for them to return to. In other cases, whether people have been a victim of trafficking in human beings or slavery, they will even be eligible to apply to live in the UK because they have been taken against their will.
Discretionary Leave to Remain UK Requirements and eligibility:
When considering their eligibility to remain on a discretionary leave, Article 8 is an important factor in protecting their human rights and considering the right to remain. Article 8 is a section of the Human Rights Act protecting the privacy, family life, home, and communications thereof.
Article 8 states that:
• Everyone has the right, in addition to their home and contact with others, to respect their privacy and family life.
• Unless it is deemed in the interests of national security, public safety or the country's economic well-being, the government has no right to interfere in the private life of a person
The guidelines laid down in Article 8 that helps anyone who has developed a family living in the UK when applying for a discretionary leave to remain. Gathering the requisite evidence to show that people have a private family life can at first seem overwhelming. There are no hard-and-fast guidelines, however, which state what they will include. Official documents such as household bills, bank declarations and tenancy agreements are a good starting point. Also, being able to prove that they are registered in a GP surgery and that their children attend school are additional factors that can support the claim to full participation in society.
Moving forward, if people are given conditional leave to stay effectively, they will most likely come after they have been denied permanent leave to stay. Therefore, the government is expected to provide citizens with a Reason for Refusal Letter, which will justify why the full leave was denied, as well as the benefits are given under their discretionary leave to remain UK.