Discretionary Leave to Remain | Outside immigration rules

What is meant by discretionary leave?

Discretionary Leave in the context of UK immigration refers to the discretionary power exercised by the Home Office to grant an individual permission to remain in the UK on compassionate or compelling grounds, even if they do not meet the requirements of a specific immigration category.

Discretionary Leave is typically granted when an individual's circumstances are considered exceptional or deserving of special consideration. It is a discretionary power that allows the Home Office to make decisions on a case-by-case basis, taking into account the individual's specific circumstances and any compassionate or compelling factors presented.

Discretionary Leave can be granted for a limited period of time, typically between 2 and 6 years, depending on the circumstances. It is not a form of settlement or indefinite leave to remain, but rather a temporary immigration status.

It's important to note that the specific policies and criteria for granting Discretionary Leave can vary over time and are subject to the discretion of the Home Office. If you are seeking to apply for discretionary leave to remain in the UK, At TMC Solicitors, we can assist you. Our team of dedicated and highly qualified solicitors have a wealth of experience in this area and will be able to provide you with the best possible advice and representation throughout your application process. Contact us today for more information.

What is discretionary leave to remain outside immigration rules?

Discretionary Leave to Remain is a form of immigration status granted in the United Kingdom outside the standard immigration rules. It is a discretionary power exercised by the Home Office allowing individuals to remain in the UK temporarily on compassionate or compelling grounds.

DLR is typically granted to individuals who don’t meet the requirements for a specific visa category but may still have exceptional circumstances that warrant their permission to stay in the UK. It is granted on a case-by-case basis and is subject to the discretion of the Home Office.

Here are some rules of Discretionary Leave to Remain:

Purpose: DLR is usually granted for a limited period and serves as a temporary immigration status. It is not a permanent settlement or indefinite leave to remain.

Eligibility: Eligibility criteria for DLR are not defined in the immigration rules, allowing the Home Office to exercise discretion based on individual circumstances. Factors that may be considered include compassionate circumstances, exceptional cases involving children or vulnerable individuals, and other compelling reasons.

Length of Stay: The duration of Discretionary Leave to Remain can vary depending on the circumstances. It is usually granted for a limited period, typically between 2 and 6 years. However, in some exceptional cases, shorter or longer durations may be granted.

Conditions: Individuals with DLR may have certain conditions attached to their stay, such as restrictions on accessing public funds or employment limitations. The specific conditions will be outlined in the grant letter or residence permit.

Settled Status: Discretionary Leave to Remain does not automatically lead to settlement or indefinite leave to remain in the UK. However, individuals who have completed a continuous period of lawful residence in the UK with DLR may become eligible to apply for settlement or other forms of leave to remain in the future.

It's important to note that the specific policies and requirements related to Discretionary Leave to Remain may change over time. It is advisable to consult the most up-to-date information from the UK government's official sources or seek legal advice for accurate and current guidance on this matter.

Discretionary Leave to Remain Requirements & Eligibility:

Discretionary Leave to Remain (DLR) in the UK is granted on a case-by-case basis, and the specific requirements and eligibility criteria are not explicitly defined in the immigration rules. However, certain factors are typically taken into consideration when assessing an individual's eligibility for DLR. It's important to note that the requirements and eligibility criteria can vary depending on the circumstances and the specific grounds presented. Here are some general factors that may be considered:

Compassionate or Compelling Circumstances: To be eligible for Discretionary Leave, an individual needs to demonstrate that they have exceptional circumstances that warrant their permission to remain in the UK. These circumstances may include serious humanitarian reasons, personal or family circumstances, or other compelling factors.

Human Rights Considerations: The Home Office will consider whether refusing leave to remain would result in a breach of the individual's rights under the European Convention on Human Rights (ECHR), particularly the right to private and family life (Article 8). Individuals need to show that their case involves a genuine and substantial interference with their rights.

Risk of Serious Harm: If an individual can demonstrate a real risk of serious harm, such as persecution, torture, or inhumane treatment in their home country, it may strengthen their case for Discretionary Leave.

Length of Residence: The length of an individual's residence in the UK may also be taken into account. If someone has resided in the UK for a significant period, it could contribute to the consideration of their case.

Ties to the UK: Factors such as family relationships with British citizens or settled individuals, particularly if there are dependent children involved, may be considered when assessing eligibility for Discretionary Leave.

How can apply for discretionary leave to remain in the UK?

To apply for Discretionary Leave to Remain (DLR) in the UK, you need to follow the application process set by the Home Office. Here are the general steps involved:

Review Eligibility: Before applying, ensure that you meet the criteria for Discretionary Leave, such as having exceptional circumstances that warrant permission to remain in the UK, compelling humanitarian reasons, or potential human rights considerations. It is advisable to consult an immigration lawyer or seek legal advice to assess your eligibility.

Gather Supporting Documents: Prepare the necessary supporting documents to strengthen your case. This may include evidence of your circumstances, such as medical reports, letters of support, or any relevant documentation demonstrating the exceptional or compelling grounds for your application.

Complete the Application Form: Fill out the appropriate application form, which can vary depending on your circumstances. The most common form used for Discretionary Leave is the FLR(HRO) form (Application for leave to remain in the UK on the basis of private life). Ensure that you provide accurate and complete information.

Pay the Application Fee: Check the current fee for the Discretionary Leave application and make the required payment. Fees can vary and are subject to change, so it's important to refer to the most up-to-date information provided by the Home Office.

Submit the Application: Once you have completed the application form and gathered the necessary documents, submit your application to the Home Office. You can do this online through the UK Visas and Immigration (UKVI) website or by post, depending on the application method specified by the Home Office.

Attend Biometrics Appointment: After submitting your application, you may be required to attend a biometrics appointment to provide your fingerprints and have your photograph taken. This is done to verify your identity.

At TMC Solicitors, we know the complexities and intricacies of applying for discretionary leave to remain in the UK. We are dedicated to providing expert and knowledgeable guidance throughout your whole application process. We have a wealth of experience that sets us apart from other firms and helps us to ensure that you get the best outcome possible.

Why choose TMC Solicitors?

At TMC Solicitors, we can provide valuable assistance and support throughout the process of applying for Discretionary Leave to Remain (DLR) in the UK.

Expert Knowledge and Experience: At TMC Solicitors, we have in-depth knowledge and experience in dealing with discretionary applications. We are familiar with the requirements, eligibility criteria, and the latest legal developments, which can help ensure that your application is prepared accurately and effectively.

Case Assessment and Strategy: We can assess your individual circumstances, evaluate the strengths and weaknesses of your case, and provide you with an honest assessment of your chances of success. We can help you understand whether Discretionary Leave is the appropriate route for you or if there are other immigration options that may better suit your situation.

Application Preparation: We can guide you through the entire application process, ensuring that all necessary forms are completed correctly and that you have gathered the relevant supporting documents. We can help present your case in the most compelling way, highlighting the exceptional or compelling grounds that justify your application.

Legal Representation: If your application is complex or if you face challenges or complications, having legal representation can be invaluable. We can communicate with the Home Office on your behalf, respond to any requests for additional information, and handle any legal complexities that may arise during the process.