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Leave To Remain

Volume 405: debated on Friday 16 May 2003

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To ask the Secretary of State for the Home Department what his policy is in relation to (a) granting leave to remain and (b) the length of the period of leave in cases where an individual establishes a right to remain in the UK under Article 8 of the European Convention on Human Rights. [113419]

Where a person is unable to demonstrate a claim for asylum or Humanitarian Protection but is able to demonstrate a claim under Article 8 of the ECHR, they will be granted Discretionary Leave. This is in line with the new procedures introduced on 1 April which replaced the exceptional leave system.A person granted Discretionary Leave will be granted leave for a period of up to three years, although a lesser period may be granted where the circumstances of the case suggest that this is appropriate. This period of leave will be renewable for a further three years. After a person has spent six years on Discretionary Leave on Article 8 grounds, they will be eligible to apply for settlement. All applications for further leave or settlement will be the subject of an active review.