Transition at 18
What action can an unaccompanied asylum seeking child (UASC) who has been granted discretionary/exceptional leave to remain (DL/ELR) take in order to remain lawfully resident in the UK after their leave expires?
A UASC who does not wish to or cannot return to their home country after their leave expires is strongly advised to consult a specialist immigration advisor or lawyer several weeks prior to expiry.
The advisor/lawyer will make an application to the Home Office for an extension of their DL/ELR. The application should be made on the HPDL form. Guidance to completing the form can by found here on the UK Border Agency website.
The extension request will be subject to an 'active review' by the UK Border Agency and it is therefore important that full reasons are given to the immigration advisor/solicitor to allow them to consider the best way to present the case to the agency.
Where the application for the extension has been lodged during the currency of the existing leave, the existing leave to remain does not then expire on the date it was previously limited to and the applicant will continue to remain lawfully present in the UK. If they are working or are in receipt of benefits, they will be entitled to continue working or receiving benefits while the application for an extension is under consideration. A refusal by the Benefits Agency to continue with benefits while the application for an extension is being considered is unlawful and should be challenged.
Revised 29/01/08
