In this context, we are talking about someone seeking the right to stay in the UK because they need medical treatment that is not available to them in their country of origin.. I am wondering if this make a good case to apply for discretionary leave on medical grounds. 9.10: Applications for discretionary leave by an individual with a positive conclusive grounds decision 9.10.1: No fee is payable in respect of an application or request for the first grant of limited discretionary leave for a Trafficking Convention reason, where the individual has received a positive conclusive grounds decision. When to apply for Discretionary Leave and Indefinite Leave to Remain on compassionate grounds. My son's consultant offered to give me a letter that will help to apply for the visa on medical ground. trasar wrote:Is it possible to apply for indefinate leave to remain on medical grounds?My friend has been in the UK for over 5 years on a student visa. Many claims of discretionary leave may centre or rely predominantly around Article 8 of the Human Rights Act 1998. Discretionary leave to remain (DLR) provides the Home Office with the power to grant a person leave to remain in the UK if their application falls outside the Immigration Rules but there are exceptional compassionate circumstances or there are other compelling reasons to grant leave.. Any help will be really appreciated. Discretionary General Grounds for Refusal for Entry Clearance Applications. Discretionary leave to remain exists to cover cases where it would be unjustifiably severe to remove someone from the UK. Legal Updates. Discretionary leave to remain – Article 3 medical grounds If returning the foreign national to their country of origin will result on medical grounds in inhuman and or degrading treatment contrary to article 3 of the Human Rights Act 1998, that may be a reason to grant such compassionate permission to stay. The application may be refused if you are caught by one of the discretionary grounds for refusal. February 10, 2019 . Mandatory and Discretionary . When applying for DLR it is often best to instruct an Immigration lawyer to help you make the application. Discretionary Leave to Remain on Medical Grounds Discretionary go away to remain may be granted if a person requires medical treatment which is not to be had in their domestic united states. Discretionary leave. There are two types of grounds for refusal: mandatory and discretionary. What is a ‘medical’ case? ... medical problems where the person’s life will be at peril if returned home because only the UK can offer suitable medical treatment. Recovery, development or stabilization in an applicant’s medical situation as a result of remedy inside the UK . Mandatory and Discretionary Grounds Mandatory Grounds for Refusal for Leave to Remain Applications. The application will definitely be refused if you are caught by one of the mandatory grounds for refusal. Article 8 of the Human Rights Act 1998. He has sickle cell and gets quite poorly, which in turn effects his ability to study full time and work to support himself. He makes an application for discretionary leave to remain in the UK after 11 years of being in the UK and he is granted discretionary leave to remain. Most of my doctors' friends in Pakistan suggested to stay in UK till my son gets well. Human rights cases: medical grounds. ... Femi is granted discretionary leave to remain in the UK under article 8 of the Human Rights Act. 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. Thank you The Immigration Rules changed drastically on 9 July 2012, but the Home Office has in place transitional provisions. 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