News / International
Hope for foreigners with Discretionary Leave to Remain in the UK
09 Jun 2014 at 07:04hrs | Views
Most people who were granted Discretionary Leave to Remain in the UK are not entitled to free University education in the UK until they have Indefinite Leave to Remain (ILR). And it can take up to 10 years to attain ILR for some people.
This means that parents or guardians have to use their personal money to fund their children's University education and University fees can be as high £9000. The unfairness of this policy is clear and very few parents/guardians are unable to raise such amounts and as a consequence children fail to attend University.
It is against this background that this policy was challenged in the Courts by concerned parents/guardians. The High Court ruled that the Home Office policy on Discretionary Leave to Remain which was in force was unlawful as it failed to consider the welfare and interests of the children.
The High Court recognised that successive grants of short periods of leave to remain can leave children in limbo and may therefore be contrary to their welfare.
The effect of the judgment is that the welfare and best interests of children must be considered before determining the length of leave to remain that may be granted and education is one of the fundamental rights of a child.
The judgment required the Secretary of State for the Home Department to amend the Discretionary Leave policy to make it lawful.
In light of the above judgment, the Home Office recently amended its policy regarding the grant of Discretionary Leave to families with children. Such people are likely to be granted ILR rather DL.
The policy is now friendlier to people with children who want to access University education.
It is therefore possible for individuals to request the Home Office to reconsider their decision to grant them Discretionary Leave in light of the Court ruling which found that the policy was unlawful from the beginning.
For more information please call MartynsRose Solicitors on 0208 538 1397 or 07402339111.
This means that parents or guardians have to use their personal money to fund their children's University education and University fees can be as high £9000. The unfairness of this policy is clear and very few parents/guardians are unable to raise such amounts and as a consequence children fail to attend University.
It is against this background that this policy was challenged in the Courts by concerned parents/guardians. The High Court ruled that the Home Office policy on Discretionary Leave to Remain which was in force was unlawful as it failed to consider the welfare and interests of the children.
The High Court recognised that successive grants of short periods of leave to remain can leave children in limbo and may therefore be contrary to their welfare.
The effect of the judgment is that the welfare and best interests of children must be considered before determining the length of leave to remain that may be granted and education is one of the fundamental rights of a child.
The judgment required the Secretary of State for the Home Department to amend the Discretionary Leave policy to make it lawful.
In light of the above judgment, the Home Office recently amended its policy regarding the grant of Discretionary Leave to families with children. Such people are likely to be granted ILR rather DL.
The policy is now friendlier to people with children who want to access University education.
It is therefore possible for individuals to request the Home Office to reconsider their decision to grant them Discretionary Leave in light of the Court ruling which found that the policy was unlawful from the beginning.
For more information please call MartynsRose Solicitors on 0208 538 1397 or 07402339111.
Source - Zimdiaspora.com
