Discretionary leave to remain for faild Asylum

[adamsalam]

I came with my family (my wife and 2 children) to UK with General visitor visa about 3 moths ago, after 3 days of our arrival I applied as asylum seeker, I have been refused from HO then refused from First tier Tribunal. They sent me appeal application form to submit for the acceptance of the upper tribunal.

I am thinking about applying for Discretionary leave to remain, whats the Cons and pros in our situation and any suggestions please, and can we still keep the NASS support?

More Information:
--------------------
- Our nationality Libya
- I have Masters Degree from the university of Liverpool
- My children 18 and 17 yrs old started in the college level 1 and 2 ...
- we are supported by NASS

any input is highly appreciated

[Lucapooka]

DL will be based proportionally on your right to continue your family life in the UK. Tell us more about your family in the UK?

[adamsalam]

DL will be based proportionally on your right to continue your family life in the UK. Tell us more about your family in the UK?

Thank you
I don't have relations in UK only close friends and opponents of Gaddafi’s regime; I am a member in Human Rights organization based in UK.

My family, i.e. my wife, daughter 18 yrs, son 17 yrs old.
We e came together to UK and all the time we stay together.

My previous solicitor (not serving me anymore!) told me after I have been refused from HO that Libyans can apply for Discretionary Leave to remain because of our country situation.
I have the option to apply for appeal to the Upper Tribunal. But I am not confident of the success.

We want to stay in UK. What else options do we have to struggle to remain?

Any suggestions are very highly appreciated.

[adamsalam]

DL will be based proportionally on your right to continue your family life in the UK. Tell us more about your family in the UK?

Thank you
I don't have relations in UK only close friends and opponents of Gaddafi’s regime; I am a member in Human Rights organization based in UK.

My family, i.e. my wife, daughter 18 yrs, son 17 yrs old.
We e came together to UK and all the time we stay together.

My previous solicitor (not serving me anymore!) told me after I have been refused from HO that Libyans can apply for Discretionary Leave to remain because of our country situation.
I have the option to apply for appeal to the Upper Tribunal. But I am not confident of the success.

We want to stay in UK. What else options do we have to struggle to remain?

Any suggestions are very highly appreciated.

Any help my friends please?
I am going out of TIME!!!

[Mr Rusty]

You should carefully read the Guidance to Caseworkers in this link, particularly the Introduction and Para 1.1. :-

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In effect. it says that any form of Leave to Remain outside the Rules apart from Humanitarian Protection or Discretionary Leave is very rare. Potential breaches of Human Rights Article 3 (medical cases) or Article 8 (Family life) may attract Discretionary Leave.

I don't see how an Article 8 claim applies in your case. You came to the UK as a family unit, there seems nothing to prevent you leaving as one. As your country now is largely controlled by the anti-Gadaffi factions that you appear to support, you need a more expert opinion than mine to make a case against returning there. If you claimed asylum 3 days after arriving in the UK, it is difficult to avoid the conclusion that you made a fraudulent visit visa application, and your credibility in any future application is not high (doubtless that was mentioned when you were refused asylum).

I don't know why your previous solicitor suggested that a Discretionary Leave application was feasible, beyond delaying your departure by a month or two and making him a few extra quid. As you are a member of a Human Rights organisation, I would suggest that you turn to them for objective advice.

[Greenie]

UKBA has a specific policy for Libyans who are unable to return home. I assume this is what the solicitor was referring to. I don't think UKBA intended it for people who have been refused asylum but rather introduced the policy in a rather cynical attempt to prevent Libyans claiming asylum in the first place. I presume this is what your solicitor was referring to.

See advice to Libyan visa holders