Discretionary Leave to Remain
If you’re in the UK and have compelling exceptional or compassionate reasons to stay, you may qualify for discretionary leave to remain.
In cases like these, we strongly recommend speaking to a legal advisor to support you with your immigration requirements. To speak to a professional immigration advisor today, you can call us on +44 (0) 333 305 9375, or get in touch online.
What is Discretionary Leave to Remain in UK?
Discretionary Leave to Remain (DLR) is a UK immigration permission granted to individuals who, for one of a number of legitimate reasons, do not fully meet the immigration immigration rules outlined for any other British visa or immigration law. Introduced in 2003, DLR replaced Exceptional Leave to Remain and is used in a small number of cases to allow for a fair and effective UK immigration system.
Discretionary Leave to Remain is given in exceptional or compassionate circumstances. The purpose of this immigration option is to address unique situations where deporting or heavily penalising an individual due to their inability to meet appropriate immigration criteria would cause “unjustifiably harsh” outcomes.
Generally, the Home Office considers factors like the applicant’s health, circumstances involving children, or risks of harm. UK discretionary leave must prioritise the welfare of children under Section 55 of the Borders, Citizenship and Immigration Act 2009. DLR applies in cases where normal provisions under Article 8 of the European Convention on Human Rights (ECHR), which covers private and family life, as well as humanitarian protection, do not apply.
Examples of reasons people may be granted discretionary leave are:
- The individual has medical conditions requiring vital treatment that is unavailable in the applicant’s home country
- There is a well-founded risk of harm to the individual due to human rights breaches such as human trafficking or slavery.
Each application for DLR is assessed on a case-by-case basis, and therefore the eligibility for discretionary leave is not rigid or as clear as other immigration rules tend to be. All applications must include strong evidence supporting the claim for the right to be granted discretionary leave.
In general, DLR is usually granted for up to 30 months, or longer for particularly exceptional cases, where the individual may be granted indefinite leave to remain.
What Are Valid Compelling Reasons for the UK Granting Limited Leave?
Overview
Discretionary Leave to Remain decisions are made on a case-by-case basis, with careful consideration of the evidence submitted in the application, and with a strict adherence to the European Convention on Human Rights (ECHR).
Medical needs, humanitarian protection, unresolved asylum claims, and compassionate circumstances are the main compelling circumstances that will be seriously considered for UK discretionary leave. Strict guidelines and evidence requirements mean that DLR is only applicable in rare, clearly justified cases.
Humanitarian Protection
Individuals may be granted initial discretionary leave due to human rights cases if their personal circumstances do not qualify for asylum or humanitarian protection under standard UK immigration rules, but whose removal from the UK would breach the ECHR.
Examples of exceptional circumstances that would affect a person’s human rights include:
- Concerns of being or becoming a victim of human trafficking or modern slavery cases: persons at serious risk of being victims of modern slavery or human trafficking have a right to apply for DLR if their return to their native country would result in significant harm or risk of being trafficked.
- Compelling personal situations: in cases where individuals’ circumstances require them to stay in the UK for recovery, safety, or pursuing justice as a result of having their human rights breached or experiencing inhuman or degrading treatment. For example, they may need to stay to assist in criminal investigations or to seek compensation for exploitation.
Claims for DLR based on humanitarian protection must demonstrate strong, clear evidence of risk or harm if the individual were to return to their country or territory of origin, and proof of experiencing serious degrading treatment and human rights breaches.
Exceptional and Compassionate Circumstances
The UK government may grant discretionary leave for other exceptional compassionate reasons. Examples of qualifying reasons include:
- Unaccompanied minors: in the event that refusal or deportation would create a circumstance of an unaccompanied child, or in the event that children seek asylum, discretionary leave to remain will be granted
- Intent to respect family and private life: similar to the above, DLR may be granted where the outcome of not offering discretionary leave would result in a significantly unsafe and fractured family unit, particularly where children and minors are involved
- Applicants who have spent significant time in the UK: where individuals have spent extensive time in the UK due to reasons beyond their control, such as having refugee status or requiring asylum as a result of a threat to their human rights were they to return home. Applicants are more likely to be granted leave if their ties to their country of origin have diminished due to the length of time spent abroad for unplanned reasons.
Asylum Claim
Discretionary Leave may be considered in cases where an individual has as ongoing asylum claim in the UK but has not received a resolved approval, but returning to their country of origin would be cause for a clear denial of rights under Articles 3 or 8 of the ECHR, due to their situation in their home country being incredibly unsafe, or there being a high risk of them being trafficked or re-trafficked.
In cases of failed asylum seekers whose situation is at risk of the above circumstances, then they will likely be encouraged by the Home Office or other immigration officials to apply for discretionary leave to remain.
Unaccompanied asylum seeking children with outstanding asylum claims will be considered a high priority for discretionary leave in situations like these.
Medical Grounds
Discretionary leave to remain may be granted on medical grounds when deportation would have a high risk of violating Article 3 or Article 8 of the ECHR. Factors that may contribute to this include:
- Unavailable medical treatment in country of origin: where the applicant requires essential medical treatment that cannot be accessed in their home country.
- Risk of Inhuman Treatment: if deportation may risk the individual receiving degrading treatment or inadequate healthcare in their country of origin
- Critical Illness: If the individual is in a critical or life-threatening stage of illness, deporting them would remove their access to essential medical care and cause severe health deterioration or a reduction in life expectancy.
To apply for DLR on medical grounds, the applicant will need to provide detailed evidence such as medical reports and prove that the care they are receiving is critical for life or for stable health. For asylum cases, medical claims linked to outstanding further submissions will be assessed alongside the claim for DLR medical grounds.
When DLR is Not Valid?
Discretionary Leave is only granted for a small number of cases, when no other immigration route applies to the individual, but returning to their country of origin could pose significant risk or unnecessary duress on the family unit.
Situations where DLR does not apply include:
- Eligibility under other visa or asylum seeking routes, including ‘leave under the immigration rules’ and ‘leave outside the rules (LOTR)’
- Resolved Asylum Claims: Asylum seekers who have exhausted their appeal rights do not qualify
- Individuals with existing leave to remain, such as Modern Slavery Discretionary Leave or other similar statuses
- Applicants who fail to meet immigration standards under Part 9 of the immigration rules
- Insufficient Risk Evidence, where claims where the evidence of risk to life or welfare is insufficient or vague
How to Apply Discretionary Leave to Remain
To apply for Discretionary Leave to Remain, you must complete the process online through the UK government website.
However, due to the nature of discretionary leave being a complex and often time-sensitive situation, we strongly recommend that you seek legal advice or support before making an application to be sure that you are taking the best course of action for your circumstances. For professional legal advice, contact Total Law today on +44 (0) 333 305 9375 or get in touch online. We are here to help.
To apply for discretionary leave to remain, you will be required to provide all relevant documents such as:
- A valid proof if ID (passport)
- A biometric residence permit, if applicable
- Proof of residence or accommodation (such as a tenancy agreement or utility bill)
- An accurate and completed application form:
- First time applicants must fill out the FLR (HRO) form
- Renewal or extension applicants must fill out the FLR (DL) form
- Evidence of financial situation, such as bank statements or access to public funds
You must also include detailed evidence based on your reasons for applying for DLR.
- Medical Grounds:
- Medical reports from healthcare providers detailing your condition.
- Letters from specialists or GPs explaining the necessity of remaining in the UK for treatment
- Evidence showing treatment is unavailable in your home country
- Family or Private Life (Article 8)
- Birth certificates or marriage certificates to prove family relationship
- Evidence of cohabitation with the relevant family members (e.g. joint utility bills or rental agreements)
- Children’s school reports or details of school registration, if applicable
- Asylum claim or Humanitarian protection
- Relevant asylum claim documents, such as case details and your correspondence with the Home Office
- Evidence of the risks posed by the situation in your home country (news reports or expert reports of war or humanitarian crises in your home country)
- Risk of modern slavery or human trafficking
- Evidence of exploitation or risk of re-trafficking
- Positive conclusive grounds decision from the National Referral Mechanism (NRM).
There will also be an Immigration Health Surcharge (IHS) which costs £1035 per year for adults, and
£776
for minors.
How Total Law Can Help
Applying for discretionary leave to remain can be very complicated, as the nature of the circumstances surrounding the need to apply for DLR are inherently complicated and difficult. In times like these, gaining legal advice for your situation is critical, to ensure that there are no other routes to remain in the UK that are more suitable for your needs, and so that you can be sure that you are on the right immigration path. To speak with an expert legal advisor today, call us on +44 (0) 333 305 9375, or get in touch online. We are here to help .
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Related pages for your continued reading.
FAQs
Discretionary Leave to Remain is typically granted for an initial period of up to 30 months (2.5 years). However, in cases involving particularly compelling or exceptional circumstances, the leave may be extended for a longer period – this usually includes fees and application processes. In particularly unique cases, individuals may even be granted indefinite leave to remain.
The length of leave granted is offered on a case by case basis, factoring in the nature and severity of the individual’s situation.
Yes, you can apply to extend your discretionary leave to remain in the UK so long as you apply before it expires. You must ensure you meet the eligibility criteria, submit all required documents, and demonstrate your circumstances justify further leave.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Total Law before making any decisions based on the content provided.