UK Discretionary Leave to Remain
UK Discretionary Leave to Remain Specialists
As featured in The Guardian and The Times
No win, no fee – “No win, no fee” means that if your case is unsuccessful, you do not pay our solicitors’ fees.*
Hayat & Co. specialises in fresh Discretionary Leave applications, Discretionary Leave appeals and Judicial Review applications (in particular, challenges to unsuccessful Discretionary Leave decisions) made to the Home Office under human rights law. In applications submitted between 2010 and 2014, the vast majority were successful, with remaining cases pursued through appropriate challenge processes. Our long-standing record since 1998 reflects the diligent and meticulous approach we take with our clients’ cases.
At Hayat & Co. we are genuinely concerned about the poor legal advice and representation that individuals sometimes receive in serious and sensitive immigration cases. We regularly receive instructions from clients whose cases have been mishandled and who, as a result, struggled to secure alternative representation. Once instructed, we act to resolve such cases and frequently achieve satisfactory outcomes. We believe all individuals should receive a high standard of professional assistance and service at all times—something we regard as a basic expectation in a progressive and just society.
In the Discretionary Leave applications that we submit on behalf of our clients, we endeavour in each case to ensure that all potential and available evidence is sought, obtained and assessed before any application is lodged with the Home Office. This is irrespective of the additional time or cost it may involve for us. Every application is prepared in line with current law, relevant procedures and applicable requirements to give each client the best possible prospect of success. Achieving a fair outcome is of paramount importance to us, given the serious impact decisions can have on an individual and their family. In pursuing just outcomes, fees are managed transparently; where appropriate, we often provide assistance beyond what might ordinarily be expected. (Such additional work remains at our discretion.)
Our fees for Discretionary Leave applications
You can choose from the following funding options for your Discretionary Leave application:
Agreed fixed fee
We charge a fixed fee from £1,499 for our professional services in preparing and submitting a Discretionary Leave application. The agreed fee depends on the complexity of the matter and the casework required. The fixed fee covers all our work up to the initial Home Office decision.
Please note: the agreed fee does not cover disbursements incurred on your behalf (e.g. counsel’s fees, court fees, Home Office fees, interpreters, translations, medical/expert reports).
Discretionary Leave appeals & Judicial Review
If you have been refused Discretionary Leave to Remain by another firm, you may be able to challenge the decision by way of Judicial Review depending on your circumstances. Please visit our Judicial Review page for more information: http://hayatandco.co.uk/judicialreview/
No win, no fee (conditional fee)
Subject to assessment, we may be able to act on a no win, no fee basis in relation to challenging a refusal (typically by Judicial Review) where, in our opinion, the prospects of success are reasonably good. Fees on a no win, no fee basis start from £2,399. If the Judicial Review is unsuccessful, you will not pay our solicitors’ fees.
You will, however, remain responsible for disbursements incurred on your behalf (e.g. counsel’s fees, court fees, experts, interpreters), regardless of the outcome.*
* Terms, eligibility and exclusions apply. A costs risk may arise in court proceedings (including potential liability for an opponent’s costs) depending on the stage and outcome—these risks will be explained before you proceed.
Discretionary Leave to Remain under Article 8 ECHR
A person may apply for Discretionary Leave to Remain on the basis of Article 8 of the European Convention on Human Rights 1950 (ECHR), arguing that removal from the UK would breach the UK’s obligation to respect private and family life, and that any interference would be unreasonable and disproportionate. Discretionary Leave is granted outside the Immigration Rules at the discretion of the Secretary of State. Exceptional and compassionate circumstances are relevant considerations in deciding whether discretion should be exercised.
Discretionary Leave following refusal of an asylum claim
If you have claimed asylum in the UK and the Home Office does not recognise you as a refugee or as qualifying for humanitarian protection, the Home Office may grant another form of temporary permission to stay known as Discretionary Leave to Remain. The length of leave depends on your circumstances and relevant policy at the time. If you apply to renew when it expires, your circumstances will be reviewed before a decision is made on further permission to stay.
Why use us for Discretionary Leave applications?
We are experienced in Discretionary Leave matters. If you are seeking help with an application for Discretionary Leave to Remain, an extension of Discretionary Leave, or a challenge to refusal, our immigration solicitors provide a fast, reliable and professional service.
If instructed to represent you, we will:
- take detailed instructions and advise you on the relevant law and Home Office (UKVI) procedures;
- discuss your case in depth, explaining its strengths and weaknesses;
- advise on the documentary evidence needed to support your application;
- review the evidence with you and identify any further material required;
- complete the relevant application forms and review them with you;
- prepare a covering letter to introduce and support the application;
- liaise with the Home Office (UKVI) and, where appropriate, seek to expedite a decision;
- protect your interests while the application is pending and keep you informed of progress;
- undertake all reasonable follow‑up work until a decision is reached;
- advise you on the implications of the Home Office decision and next steps.
About us
Hayat & Co. has specialised in all aspects of immigration and nationality law since our establishment in 1998.
All our staff are regulated by the Solicitors Regulation Authority. By instructing Hayat & Co. Solicitors, you can expect excellent legal advice at competitive rates. In addition to our usual rates, we offer fixed fees for standard applications. We also offer initial fixed‑fee appointments (30 or 60 minutes) starting at £75.00, with no further obligation.
We have extensive experience across immigration, asylum and nationality work at all levels, including cases before the European Court of Human Rights in Strasbourg. Owing to our diligence and passion for human rights law, we have acted in many novel cases over the years. We represent clients from around the world and have access to professional interpreters in any language.
We can assist with:
- Applications for visas and entry clearance (spouses, civil partners, dependent relatives, visitors, students and others) — including applications via overseas posts;
- Work routes (formerly “Tier 1–5” and successor categories);
- Relationship and marriage applications;
- Student visas;
- Citizenship and nationality;
- Asylum and human rights applications;
- Complex extradition and national security deportation matters, and challenges to control measures;
- Appeals of all types, from entry clearance refusals to in‑country Home Office refusals — full representation from beginning to end.
We have a national reputation for our services and considerable experience in representing asylum seekers.
To discuss any aspect of our service or to obtain a quote:
Email: info@hayatandco.co.uk
*Free initial consultation is subject to terms & conditions and will be limited to our gaining an understanding to the background of your case and assessing whether in our opinion there may or may not be any options available to you. We will not provide any general or specific advice which we consider you might seek to rely on as this could in our opinion attach legal liability upon which we cannot offer free advice. Please contact us for further details.
*No Win No Fee is subject to our terms and conditions and will only be offered by us if we assess that the chances of success in your Discretionary Leave application appeal are in our opinion sufficient for us to undertake the work on this basis.
