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Discretionary Leave under mental health grounds

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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iabaiamf
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Posts: 2
Joined: Wed May 11, 2016 8:01 am

Discretionary Leave under mental health grounds

Post by iabaiamf » Wed May 11, 2016 8:10 am

I am currently on a Tier 4 student visa and am in my final year of studies. I also have a diagnosed mental health condition which has greatly affected my ability to study and perform. I have had to postpone my exams to next summer and under the visa conditions, I have to leave the country within 60 days and reapply for a short term student visa when it comes to my exams net year (In May/June)

Is there any possibility that I can apply for discretionary leave to remain or something similar until my exams next year? My mental health support system and therapy are all based in the UK. I am currently financially supported by my parents and have never held a paid job in the UK.

Also, with regard to extending this leave to remain (if at all possible). There is very little support, if at all for mental health/disability adjustments in the work sector in my home country. Although the government paints a pretty public picture about "advancements in mental health", there is still a very poor psychiatric support structure as well as blatant and not so blatant discrimination of disabled workers, especially with mental health. do I have any grounds to apply for a leave to remain in the UK?

Thank you.

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Frontier Mole
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Posts: 4343
Joined: Mon May 05, 2008 11:03 pm

Re: Discretionary Leave under mental health grounds

Post by Frontier Mole » Thu May 12, 2016 9:43 am

If regardless of cost there is health provision in your home country that can treat your condition then you are highly unlikely to succeed under discretionary leave.
Think about what you would be stating... Don't want to go home because I get treatment here (NHS?) that is as you claim not available in your home country... But your government states the treatment is available.... And yeah there is more stigma to mental health in your country....
Discretionary leave is not granted for those reasons. It is more for asylum type cases that fall short of full asylum grant.

Clutching at straws I feel.

As a separate issue if you apply for DL you have also got to look at the education providers perspective. Are you here to learn or just attempting to stay in the UK? Will they sponsor you to return after a DL application given the extremely high chance it will be refused.

Be sensible, go home, seek the best medical treatment you can, return and successfully pass your exams and then choose your options from there.

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