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Discretionary leave to remain for children

Discretionary leave to remain is a form of permission to live in the UK granted outside the rules, meaning you have been allowed to live and work in the UK for a designated period of time.

If you come to the UK and claim asylum as an unaccompanied child then even if the Home Office refuse your asylum claim you will be granted discretionary leave to remain in the UK until you reach 17 ½ as long as the Home Office accept your age. Before the expiry of your discretionary leave you will need to make an application to the Home Office for an extension of your leave.

Alternatively, a child can be granted discretionary leave if while they are a minor their parent or parents are granted discretionary leave. The leave will normally be granted for the same length of time as for the parent.

If you want advice in relation to the above or have been granted discretionary leave and need to make a further application please contact our Immigration Solicitors.

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