Extension of discretionary leave

Safina · Post by **Safina** » Sat Dec 15, 2007 4:43 pm

I came to the UK when i was 16 and my asylum claim and i was granted discretionary leave until my 18th birthda. Am 20 now and finished my diploma for 3 years. any advice when i am for an interview please? bse am scared of the home office outcome. pse help

kg1983 · Post by **kg1983** » Sat Dec 15, 2007 5:01 pm

What was your status between your 18th and till now, if you were granted Discretionary leave till your 18th?

Safina · Post by **Safina** » Sat Dec 15, 2007 7:01 pm

I applied for an extension for discretionary leave in 2005 but it has been 2 years and i have not got any reply from the home officebut i am still entitled to every thing in the discretionary leave entitlements. and recently i got a letter from the home office needing me to do an interview with them. that is why am scared. any advice

Jeff Albright · Post by **Jeff Albright** » Sun Dec 16, 2007 11:02 am

Hi Safina,

Basically, in order for you to qualify for an extension of DL, the HO will need to establish that the circumstances, under which your DL was granted still remain in force. That is, you still qualify for asylum.
If the situation in your country has not changed since you were granted DL or any other relevant circumstances at the time, you will be entitled to the extension of DL.
Otherwise, your extension application will be refused and you will need to seek other ways of extending your stay in the UK under the Immigration Rules. For example, you may qualify for Work Permit, SEGS or HSMP.

Circumstances under which you may qualify for DL (outside the Rules) may be quite complex. You need to understand the Home Office policies for Discretionary Leave and other concessions, some of them are not published and I would suggest that you seek expert immigration advice to help you to present your case properly.

Good luck

Jeff

jimquk · Post by **jimquk** » Tue Dec 18, 2007 12:28 am

May we ask which country are you from?

You should definitely take legal advice to prepare for your interview if you have time. You need to be clear about the reasons why you are claiming asylum, taking particular note of the objections the Home Office may have made when you originally applied, for example in a letter called "Reasons for Refusal".

Even if the other circumstances of your case have not changed, refusal is possible because being now an adult you may no longer be considered vulnerable; however, if you are a lone female without family support in your home country, this may be a factor in your favour.

Please do take professional advice if at all possible, even after the interview if not before, as you can appeal against a refusal.

Safina · Post by **Safina** » Tue Dec 18, 2007 11:52 am

I come from Uganda and I am a lone female because my father and brother were killed and i dont know where my mother is whether still alive or not.

Jeff Albright · Post by **Jeff Albright** » Tue Dec 18, 2007 1:01 pm

Safina wrote:I come from Uganda and I am a lone female because my father and brother were killed and i dont know where my mother is whether still alive or not.

What happened to you is awful. So sorry to hear about this.
However, this is your starting point of presenting your case to extend your leave.

Post by **archigabe** » Tue Dec 18, 2007 2:07 pm

Any truth to this story?

165,000 asylum seekers to get 'amnesty' because of Home Office blunder over files

http://www.dailymail.co.uk/pages/live/a ... ge_id=1770

As many as 165,000 asylum seekers are to be granted an "amnesty" to live in Britain, it was revealed.

The vast bulk of the migrants are failed refugees whose files were left lying in boxes by bungling Home Office staff.

They have now been living here so long that officials have ruled that it would be a breach of their human rights to kick them out.

Ministers admitted that the first 19,000 have already been granted leave to remain under what the Tories described as a "stealth amnesty".

kg1983 · Post by **kg1983** » Tue Dec 18, 2007 4:19 pm

This is your typical Daily Mail. A few months ago they said 250,000 asylum seekers to get amnesty because of legacy backlog now its down to 166,000 assuming that 37% of all legacy backlog cases will be granted. Daily Mail and other tabloids also said 95% of the cases would be granted. My point is the home office has to grant claims they simply dont have the resources to remove all 450,000 or more asylum seekers.

In this news story Daily Mail gives impression as if 166,000 on top of those old 250,000 are being granted, in fact this is still that old backlog the HO still has to clear by 2011.

jimquk · Post by **jimquk** » Wed Dec 19, 2007 12:35 am

Any truth to this story?

Well, it's the Daily Mail, so I wouldn't rely on it for truthfulness on anything, least of all immigration. Nobody as yet knows how many people will be regularised, not even the Home Office.

kg1983 · Post by **kg1983** » Wed Dec 19, 2007 10:14 am

jimquk wrote:
Any truth to this story?
Well, it's the Daily Mail, so I wouldn't rely on it for truthfulness on anything, least of all immigration. Nobody as yet knows how many people will be regularised, not even the Home Office.

Agreed, I have been following Daily Mail stories on immigration for quite some time - usually xenophobic and at times i feel as if they make up stories.

Oh Jim, i posted one of your poems by Chorlton Brook on my Facebook profile.

William Blake · Post by **William Blake** » Thu Dec 20, 2007 9:29 pm

kg1983 wrote:

Agreed, I have been following Daily Mail stories on immigration for quite some time - usually xenophobic and at times i feel as if they make up stories.

What do they get out of running stories like that ? Why do they do it ? Are the writers and editors dearly beloved ?

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Extension of discretionary leave

Extension of discretionary leave