Will the Home Office Exercise Discretion With my Visa or Settlement Application?
If you are hoping to persuade the Home Office to exercise discretion and grant your visa application or Indefinite Leave to Remain application then you need the help of Immigration Solicitors to make your case for you.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Getting a Home Office official to use their discretion to grant an application
Is there a secret to getting a Home Office official to exercise discretion when your application isn’t straightforward? Immigration Solicitors say that visa or settlement success comes down to:
- A thorough understanding of the immigration rules on the circumstances when discretion can be exercised
- Knowledge of the Home Office guidance issued to Home Office caseworkers on how they go about exercising their discretion and what to consider
- Applying the rules to your circumstances
- Writing a compelling application
When an Immigration Solicitor writes a visa application or Indefinite Leave to Remain application in the knowledge that your application has a high risk of refusal because of your circumstances they will do so with a view to appealing a Home Office refusal decision. That tactic is important as you normally can't add in extra reasons why you should get a visa or settlement if your application is refused.
Discretion or mandatory decision making by the Home Office
Many visa applicants assume that a Home Office official can exercise their discretion and grant them a Work Visa, Family Visa or Student Visa. However, there are some eligibility criteria that you must meet to secure your visa or Indefinite Leave to Remain. If you don’t do so then the Home Office official must refuse your application – there is no chance of the caseworker exercising discretion in your favour.
Our London Immigration Lawyers will carefully assess your planned visa application or Indefinite Leave to Remain application. If we think that the Home Office will have to refuse your application on mandatory grounds we will advise you on your alternate immigration options. For example, you may be able to apply for a visa extension rather than apply to settle in the UK or there may be a different type of visa where you will meet the eligibility criteria rather than the one you were intending to apply for.
Get legal advice on your visa or settlement application
Our Individual Immigration Solicitors recommend that you take early legal advice on your planned visa or settlement application so our lawyers can advise you on your options and either make a compelling application on your behalf or recommend the best strategy to secure a visa or settlement.
If you have already had legal advice from a non-specialist solicitor or if you have tried to prepare your own application our expert immigration team can still offer you advice.
We specialise in immigration and our friendly Immigration Lawyers provide efficient and easy-to-understand immigration legal advice to make the complicated immigration rules and visa eligibility criteria a bit easier to understand.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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