Leave to remain is not applied for by applicants - it is a potential outcome of the consideration of whether or not a deportation order should be made in the case of a person who has been served with a formal notification of intention to deport. Persons under 18 years who are the subject of this process are considered as part of the overall family in each case.
The grounds to be considered as part of this process are as outlined in Section 3(6) of the Immigration Act 1999. Each case is considered in detail on the basis of its own individual facts and circumstances, under all of the headings set out in section 3(6) of that Act, and all other applicable legislation, before a final decision is made.
Following the commencement of the International Protection Act 2015 on 31st December 2016, permission to remain in the case of applicants for international protection has been considered as part of a single application procedure (under which eligibility for refugee status, subsidiary protection and permission to remain are considered as part of one process. The permission to remain element is considered should a person not qualify for either refugee status or subsidiary protection). It is not possible to separate the permission to remain element of this process for statistical purposes, except to note the numbers who have been granted permission to remain as per the following table.
The number of grants of leave to remain/permission to remain relating to minors for each of the years from 2012 to 2018 (as of 19th October 2018) are outlined in the following table:
Numbers of Leave To Remain/Permission to Remain Grants relating to any persons under 18 at the time of their decision
Year Granted
|
Leave To Remain granted following consideration under Section 3(6) of the Immigration Act 1999
|
Permission To Remain Granted (International Protection Office)
|
Year Total
|
2012
|
146
|
-
|
146
|
2013
|
238
|
-
|
238
|
2014
|
335
|
-
|
335
|
2015
|
638
|
-
|
638
|
2016
|
279
|
-
|
279
|
2017
|
81
|
28
|
109
|
2018 (up to 19.10.2018)
|
89
|
52
|
141
|
Total
|
1,806
|
80
|
1,886
|