Human Rights Consideration | 10 Years Long Residency | Discretionary Leave | Long Residency
At ICS Legal we appreciate that within this category, you will have spent a number of years in the United Kingdom, there may be Human Rights grounds that need consideration if you as an applicant do not satisfy the Long Residence criteria. These grounds could be raised specifically by you or may be implicit (e.g. Article 8 consideration would be appropriate if it comes to light that you are in a relationship with a settled person).
If it is considered that Human Rights grounds do not merit a grant of leave, the reasons for this would be included in the refusal notice along with the reasons why the applicant does not meet the immigration rules for long residence. Where a person is found to have a legitimate claim to remain in the UK under Article 8, the period of leave to be granted would be determined in accordance with the Asylum Policy Instruction on “Discretionary Leave”.
It is not possible to define all potential "compassionate" circumstances, but it might, depending on the circumstances, include such things as significant or serious illness, frailty or particularly difficult family circumstances. Compassionate circumstances are most likely to be relevant if: you have been here for 10 years or more to qualify for Indefinite leave to remain, but there are other factors (e.g. criminal convictions, or a bad immigration history) that suggest that a grant of Indefinite leave to remain might not be appropriate.
All representations raised would be carefully assessed, even if these have been dismissed in previous applications. Home Office Caseworkers will weigh those factors against the compassionate circumstances (if any) and all the other circumstances of the case, and then decide whether a grant of ILR would be against the public interest. For more clarification speak to an ICS Legal advisor.