Applications for Discretionary Leave
2. In some instances, there is no other category that a person can switch into or return to the United Kingdom under. For example, if they are a visitor to the United Kingdom, which restricts switching into other categories, but circumstances change, which means that the individual can no longer leave the United Kingdom.
3. If a person has either entered the United Kingdom illegally and has never regularised their status in the United Kingdom, or that they have overstayed their permits and are no longer in a legal category. For example, if a person enters the United Kingdom under a permitted category such as a visitors permit, and then stays longer to render them illegal in the United Kingdom, or if they enter the United Kingdom without permission and remain here without bringing themselves to the attention of the Authorities.
Any application can be presented to the UK Border Agency for consideration to regularise their status. The question will be whether the application will succeed or not. This is clearly dependant upon the basis of their claim, the circumstances surrounding their claim, the type of status they have previously been given and compassionate and compelling factors which the UK Border Agency may consider appropriate to grant you further permission to stay.
Discretionary Leave in the United Kingdom is granted where there are compassionate and compelling exceptional circumstances. Upon consideration of your case the UK Border Agency will give you permission to stay in the United Kingdom for reasons that are exceptional. This is sometimes given to someone who does not qualify for asylum but whom the UK Border Agency deem be allowed to stay for other reasons. Discretionary Leave may be granted for a limited number of specific reasons. These individuals will either not be considered to be in need of international protection, or will have been excluded from such protection. Discretionary Leave may be granted to an applicant who:
- successfully argues his right to family life in the United Kingdom;
- has a claim bases on medical grounds or several humanitarian cases wherein it is argued that removal would amount to torture, degrading or inhuman treatment;
- is an unaccompanied asylum seeking child for whom adequate reception arrangements of their country are not available;
- would qualify for asylum or Humanitarian Protection but has been excluded; or is able to demonstrate particularly compelling reasons why removal would not be appropriate.