Leave to Remain

Leave to remain refers to permission granted to an individual to stay in the UK for a specified period. Depending on your circumstances you may be able to apply for further leave under a particular immigration route or, in some cases, make an application based on your family or private life, long residence or other grounds.

The appropriate application will depend on your immigration history, current visa or immigration status, personal circumstances and the basis on which you wish to remain in the UK. It is therefore important to obtain specialist advice before submitting an application, particularly where your current permission is approaching its expiry date.

Our experienced immigration lawyers, solicitors and barristers will carefully assess your circumstances, immigration history and eligibility before advising you on the most appropriate route. We can assist with preparing your application, compiling supporting evidence and presenting your circumstances clearly and consistently to the Home Office.

Expert legal representation for Leave to Remain applications

There are a number of circumstances in which an individual may seek further Leave to Remain in the UK. Depending on your circumstances, this may include applications based on:

• Family life with a British citizen or person settled in the UK
• Private life in the UK
• Long residence
• Work or employment
• Study or other qualifying activities
• Relationship with a partner or spouse
• Parent or child relationships
• Other relevant provisions of the Immigration Rules
• Human rights or exceptional circumstances

Our immigration specialists will consider your individual circumstances rather than simply identifying a visa category. We will assess your current immigration status, previous applications, periods of residence in the UK, family and personal circumstances and the evidence available to support your application.

Where an application is based on family or private life, we can advise on the relevant requirements and the evidence needed to demonstrate your circumstances. This may include evidence of relationships, residence, accommodation, financial circumstances, family life, integration and other factors relevant to your application.

Where appropriate, we will also consider whether your circumstances engage Article 8 of the European Convention on Human Rights and whether there are compelling or exceptional circumstances that should be presented to the Home Office.

Extending your stay in the UK

If you already have permission to remain in the UK it is important to make the appropriate application before your existing leave expires where the Immigration Rules require this.

The consequences of making an incorrect or late application can be serious. Your immigration status, ability to work, access to services and future applications may all be affected depending on your circumstances.

Our solicitors can review your existing immigration status and advise you on the steps required to extend your stay or make a new application. We can also identify potential issues with your immigration history and advise you on how these may affect your application.

Where an application is likely to involve complex legal or factual issues, we can provide detailed legal representations explaining why you meet the relevant requirements and addressing any potential concerns that may arise.

Leave to Remain based on family and private life

Some individuals may be able to apply for leave to remain on the basis of their family or private life in the UK. This can be particularly relevant where an applicant has a spouse, partner, child or other significant family connections in the UK, or where they have established a substantial private life following a period of residence.

Applications based on family or private life can be complex, particularly where the applicant does not meet all of the requirements of the relevant Immigration Rules. In such circumstances, it may be necessary to consider whether there are exceptional circumstances or human rights grounds that justify the grant of leave.

Our immigration solicitors will assess the full circumstances of your case and advise you on the strongest legal basis for your application. We will help you identify and present the evidence required to demonstrate your family and private life and explain any factors that may support your application.

Leave to Remain refusals and appeals

If your application for leave to remain has been refused, our immigration solicitors can review the Home Office decision and advise you on the options available.

Depending on the circumstances of your case, this may include making an immigration appeal, seeking an administrative review where available, submitting a fresh application, making further representations or, where there are arguable public law grounds, considering pre-action protocol correspondence and judicial review proceedings.

We will carefully examine the reasons for refusal and the evidence submitted with your application to determine whether the Home Office has correctly applied the Immigration Rules and properly considered your circumstances.

Every leave to remain application is different, and the appropriate legal route will depend on your individual circumstances and immigration history. Our solicitors, lawyers and barristers have extensive experience dealing with complex UK immigration matters and provide strategic legal representation tailored to the particular issues arising in your case.

We understand that securing permission to remain in the UK can be extremely important for you and your family. Our role is to assess your circumstances carefully, identify the most appropriate immigration route and provide clear, effective legal representation throughout your application.

Our fees are agreed with you from the outset, giving you clarity over the cost of your legal representation. We also offer a free, no-obligation initial assessment so that you can discuss your circumstances with our immigration specialists and understand your options before deciding how to proceed.

Speak to one of our UK Immigration Specialists today.

Call us on 0203 150 2122 for your free initial assessment or complete our contact form and a member of our team will be in touch.