Human Rights/Discretionary Leave/Compassionate or Compelling Circumstances
We previously used to hear the phrase, quite often, to apply for leave outside of the Immigration Rules or to be granted leave to remain outside of the Immigration Rules.
This often meant relying upon Article 8 of the European Convention on Human Rights with regards to private or family life.
Article 8 of the European Convention has now been brought into the Immigration Rules at Appendix FM.
The Home Office has therefore included its own interpretation of Article 8 within the Immigration Rules.
Prior to 9 July 2012 the Home Office would often grant discretionary leave to remain when leave was being granted outside of the Immigration Rules.
The Immigration Rules changed drastically on 9 July 2012, but the Home Office has in place transitional provisions. This means that if an Applicant was granted discretionary leave to remain outside of the Immigration Rules prior to 9 July 2012, they can look to make an extension of leave to remain under the same category for a further 3 years discretionary leave to remain, leading to settlement.
Compelling and compassionate
The Home Office has included its own interpretation of what will be deemed to be exceptional or compassionate circumstances. The Home Office has included compelling circumstances within the Immigration Rules also.
There may be insurmountable mount of obstacles as a result of which you or your family members are not able to relocate to your home country.
Bushra Ali Services
At BUSHRA ALI SOLICITORS we are able to assist you in making an application seeking an extension of your discretionary leave to remain, or to assist you in making an application seeking settlement upon having held a continuous period of at least 6 years discretionary leave to remain in line with the rules in place prior to 9 July 2012.
You may be suffering from medical problems or you may be providing care to someone else who is suffering from medical problems. You or your family may be receiving treatment.
There may be compelling or compassionate grounds in your matter.
At BUSHRA ALI SOLICITORS we are able to assess your circumstances, advise you in relation to the same and assist you in making an application seeking leave to remain based on compelling, compassionate or exceptional circumstances.
Please contact us for further information. contact us.