A PATHWAY OF LAST RESORT: NAVIGATING DISCRETIONARY LEAVE TO REMAIN IN THE UK

A Pathway of Last Resort: Navigating Discretionary Leave to Remain in the UK

A Pathway of Last Resort: Navigating Discretionary Leave to Remain in the UK

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In the dynamic and often stringent landscape of UK immigration, there are circumstances where individuals face compelling humanitarian or compassionate reasons to remain in the country, even if they do not strictly meet the requirements of conventional visa categories or asylum routes. For such cases, the Home Office has a policy of granting Discretionary Leave to Remain (DLR). This unique form of leave is granted outside the rigid confines of the Immigration Rules, signifying its exceptional nature.


Discretionary Leave to Remain is not an entitlement but rather a recognition by the Home Office that an individual's specific circumstances warrant a grant of temporary stay in the UK. This can be due to a genuine and severe breach of human rights (particularly where a claim doesn't fit standard human rights immigration rules), complex welfare issues concerning children, or other truly exceptional and compassionate reasons. The threshold for success is high, demanding meticulously prepared applications supported by robust evidence and compelling legal arguments. For individuals facing such a complex and often high-stakes situation, understanding the nuances of DLR and securing expert legal guidance is absolutely critical to presenting the strongest possible case.


Understanding the Nature of Discretionary Leave to Remain


Unlike visa routes with clearly defined criteria (like work or family visas), Discretionary Leave to Remain operates under a flexible, policy-based framework. It is typically granted where:



  1. Humanitarian Protection or Asylum Does Not Apply:The individual does not qualify for asylum (fear of persecution) or humanitarian protection (risk of serious harm on return), but their removal would still lead to a breach of their fundamental human rights under the European Convention on Human Rights (ECHR).

  2. Immigration Rules Are Not Met:The individual does not meet the requirements of any specific Immigration Rule, such as those for partners, parents, or long residence, but there are nevertheless compelling reasons to grant leave outside these rules.


DLR is fundamentally about the Home Office exercising its discretion based on a comprehensive assessment of all individual circumstances. It is considered only for applications made from within the UK and is used "sparingly" due to its exceptional nature.


Grounds for Granting Discretionary Leave to Remain


The Home Office considers a range of exceptional and compassionate circumstances when assessing an application for Discretionary Leave to Remain. Key grounds include:



  1. Human Rights Grounds (outside the Immigration Rules):



  • Article 8 ECHR (Right to Private and Family Life):While Appendix FM and Appendix Private Life of the Immigration Rules cover most Article 8 claims, there can be "exceptional circumstances" where an individual’s right to private or family life would be disproportionately interfered with upon removal, even if they don't strictly meet the rules. This often involves complex scenarios not directly covered by the standard routes, requiring a thorough proportionality assessment balancing individual rights against the public interest in immigration control. The Home Office explicitly states that DLR should not be granted if the applicant does qualify for family or private life under the rules.

  • Article 3 ECHR (Prohibition of Torture, Inhuman or Degrading Treatment):This is an absolute right. While the threshold is extremely high, DLR can be granted if an individual faces a "real risk" of inhuman or degrading treatment upon return to their home country. This can sometimes apply in severe medical cases where essential, life-sustaining treatment is unavailable in the country of return, and removing the individual would lead to a rapid, significant, and irreversible decline in health, amounting to cruel and unusual punishment.

    1. Welfare of Children (Section 55 Duty):



  • The Home Office has a statutory duty under Section 55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and promote the welfare of children.1

  • DLR may be granted if it is determined that it would not be reasonable or in the best interests of a child (particularly a British child or a child who has spent a significant part of their formative years in the UK, e.g., 7 years) to leave the UK. This often involves a detailed assessment of the child’s ties to the UK, their development, education, and any detrimental impact that removal would have.

  • Unaccompanied asylum-seeking children who are refused asylum or cannot return due to unsuitable reception arrangements in their home country are often granted DLR until they reach 17.5 years old or for up to 30 months, whichever is shorter.

    1. Victims of Modern Slavery and Human Trafficking:



  • Since January 2023, victims of human trafficking, modern slavery, servitude, and forced labour may be granted temporary permission to stay under the Nationality and Borders Act 2022. This2status is typically granted for 30 months if the individual is cooperating with criminal investigations, recovering physically or mentally from exploitation, or seeking compensation for their exploitation. This category now formally allows for a form of leave akin to DLR in these specific, highly vulnerable circumstances.

    1. Other Exceptional and Compelling Circumstances:



  • While less common, the Home Office retains a general discretion to grant DLR in situations that present truly exceptional and compassionate circumstances not covered by the above. This could include unforeseen humanitarian crises, or unique personal circumstances where removal would lead to extreme hardship or injustice. The burden of proof for such unique circumstances is extremely high, and the Home Office emphasizes that it will be used very sparingly.


The Application Process and Path to Settlement


Applying for Discretionary Leave to Remain requires a meticulous and strategic approach:



  1. Application from within the UK:DLR applications can only be made from within the UK. The correct application form (e.g., FLR(HRO) for human rights-related grounds or FLR(FP) if the claim is linked to family/private life outside the specific rules) must be used.

  2. Comprehensive Evidence:The application must be supported by compelling evidence detailing the exceptional or compassionate circumstances. This can include:



  • Detailed personal statements from the applicant and supporting individuals.

  • Medical reports and assessments (for health-related claims).

  • Evidence of relationships and family ties in the UK.

  • Documents related to a child's welfare, education, and integration.

  • Evidence of cooperation with authorities (for modern slavery victims).

  • Country conditions information (if arguing risk on return).

    1. Initial Grant:If successful, DLR is typically granted for a period of up to 30 months (2.5 years).

    2. Extensions:Applicants must apply for extensions before their DLR expires. Each extension is assessed on its own merits, and the Home Office will review whether the original compelling circumstances still exist. While often granted for another 30 months, extensions are not automatic.

    3. Path to Indefinite Leave to Remain (ILR):Discretionary Leave to Remain generally leads to ILR after a continuous period of 10 years in the UK on this route. This involves applying for four consecutive 30-month grants of DLR. To qualify for ILR on the 10-year long residence route, applicants must demonstrate continuous lawful residence (with limited permitted absences), pass the Life in the UK test, and meet the English language requirement (CEFR Level B1 or higher).

    4. Fees:As of April 9, 2025, the application fee for 'Leave to Remain – Other' (which covers DLR) is £1,321. In addition, the Immigration Health Surcharge (IHS) of £1,035 per year is also payable. For a 30-month grant, this totals approximately £2,587.50. Fee waivers for the application fee and/or IHS are available for those who are destitute or unable to afford the fee.




The Indispensable Value of Immigration Solicitors4me


The complexities inherent in Discretionary Leave to Remain applications mean that success is rarely guaranteed without expert legal guidance. The discretionary nature of the Home Office's decision-making, coupled with the high evidential threshold and constantly evolving policy, necessitates a deep understanding of the law and a strategic approach. Errors or omissions in these applications can have devastating consequences for individuals and families.


At Immigration Solicitors4me, our specialist team of immigration lawyers possesses extensive experience in handling complex DLR cases. We offer comprehensive support tailored to your unique circumstances:



  • Detailed Eligibility Assessment:We meticulously review your personal situation, exploring all potential grounds for DLR and advising on the most compelling legal arguments.

  • Strategic Evidence Compilation:We guide you on collecting and presenting all necessary evidence, ensuring it is robust, relevant, and directly addresses the Home Office's requirements for Discretionary Leave to Remain. We understand what constitutes "exceptional and compelling reasons."

  • Expert Legal Representations:We draft persuasive legal submissions, clearly articulating your case, referencing relevant Home Office policy, and citing pertinent caselaw to strengthen your application.

  • Guidance Through the 10-Year Route:For those on the path to ILR via DLR, we provide ongoing support, advising on the conditions for extensions and ensuring continuous compliance throughout the 10-year qualifying period.

  • Robust Advocacy:Should your DLR application be refused, we provide expert representation for administrative reviews or appeals, challenging the decision and advocating fiercely on your behalf to protect your future in the UK.


By choosing Immigration Solicitors4me, you are entrusting your future to a team dedicated to navigating the complexities of Discretionary Leave to Remain with precision and empathy. We are committed to achieving the best possible outcome for you, allowing you to secure your place and build your life in the United Kingdom.


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