Question: Hi, I want to know if I am able to apply for discretionary leave to remain. I am from Africa. I have a child who was born in the UK but my husband and I have limited leave to remain (both Africans). My son is now 8 years old. I have a degree and graduated last year. Please help. Thank you.
Answer: You may apply for discretionary leave if you can show that you have compelling and compassionate circumstances in your case.
In order to succeed with such an application, you have to be able to convince the Home Office that your case is exceptional and that you have good reason to justify why you overstayed and why you should remain.
The fact that your son is 8 years old would be a consideration under the discretionary leave application only, unfortunately you can no longer make application on this factor alone.
The fact that your son was born here and lived all his life here would be considered under the factors of the discretionary leave application.
To be advised further on all aspects of this application you may wish to contact an accredited firm of immigration solicitors who can assist you and your family further.
By Greenfields Solicitors