Discretionary Leave to Remain
You can not get Indefinite Leave to Remain. You can ask for Discretionary Leave to Remain. ‘Discretionary’ means it is not your right by law to stay in the UK. The Home Office can agree or refuse to let you stay. Choose Varying a visa below to get more help with this.
Right of Appeal
You have a right of appeal if the Home Office refuses your application for Discretionary Leave to Remain. Get advice if your application is refused. Choose Find a local adviser below.
Family in the UK
Having a family in the UK means you have a stronger case for Discretionary Leave to Remain.
- a partner – husband, wife, civil partner or someone you live with like a husband or wife
- a child or children who are your natural children or legally adopted children
If you have a partner in the UK, they must be
- British, or
- settled in the UK with Indefinite Leave to Remain
If you have a child in the UK, the child’s other parent must be
- British or settled with Indefinite Leave to remain and you must play an active role in your child’s like, or
- an E.U. citizen and your child must be in full time education
Choose Getting Proof below for more help with this.
No Recourse to Public Funds
You will not have ‘recourse to public funds’ if you get Discretionary Leave to Remain. This means the immigration rules say you cannot
- claim most welfare benefits, or
- get a home from the council or a housing association, or
- get free medical treatment from the NHS
Choose Public Funds below for more help with this.