Discretionary Leave to Remain (DLR)

Applying for Discretionary Leave to Remain allows you to stay in the UK based on exceptional, compassionate, or compelling circumstances that fall outside the standard Immigration Rules.

This route is often used where removal from the UK would be unjust, disproportionate, or in breach of your human rights. However, discretionary leave applications are complex, highly discretionary, and carefully scrutinised by the Home Office.

A strong application requires detailed evidence, clear legal arguments, and careful preparation.

Our immigration specialists provide strategic advice, comprehensive case preparation, and professional representation to maximise your chances of success.

What Is Discretionary Leave to Remain?

Discretionary Leave to Remain (DLR) is a form of temporary immigration permission granted by the Home Office in exceptional cases.

Unlike standard visa categories, discretionary leave is not governed by strict eligibility rules. Instead, each case is assessed individually, taking into account:

• Human rights considerations

• Compassionate circumstances

• Serious medical issues

• Protection needs

• Exceptional personal factors

It is typically granted where removal from the UK would result in unjust or disproportionate consequences.

When Is Discretionary Leave Granted?

Discretionary leave is usually granted in cases involving compelling or humanitarian circumstances that do not fit within standard immigration categories.

Common situations include:

Human Rights Grounds

Applications often rely on the European Convention on Human Rights.

Article 8 (Right to Family and Private Life) is frequently invoked where removal would unfairly separate families or disrupt established life in the UK.

Article 3 (Prohibition of Torture or Inhuman or Degrading Treatment) may apply where a person would face serious harm or ill-treatment if returned to their home country.

Serious Medical Conditions

Discretionary leave may be granted where:

• You suffer from a serious or life-threatening medical condition

• Adequate treatment is unavailable in your home country

• Removal would cause rapid deterioration or significant suffering

Strong independent medical evidence is essential in such cases.

Exceptional or Compassionate Circumstances

The Home Office may grant leave where removal would be unduly harsh due to:

• Long residence in the UK

• Deep social and community integration

• Children who have lived in the UK for many years

• Lack of ties to country of origin

• Vulnerable individuals

Each case is assessed on its individual merits.

Victims of Trafficking or Modern Slavery

Victims may be granted discretionary leave where remaining in the UK is necessary for:

• Protection and recovery

• Medical or psychological treatment

• Assisting criminal investigations

Public Service or Armed Forces Contribution

Foreign nationals who have served in the armed forces or made significant contributions to UK society may be considered for discretionary leave in appropriate circumstances.

How to Apply for Discretionary Leave to Remain

Applying for discretionary leave requires careful preparation and supporting evidence.

1. Assess Eligibility

A detailed assessment of your circumstances is essential to determine whether your case meets the exceptional threshold required.

Legal advice at this stage is strongly recommended.

2. Gather Supporting Evidence

Evidence may include:

• Passport and identity documents

• Medical reports

• Psychological assessments

• Evidence of family ties in the UK

• School records for children

• Employment records

• Statements from community members

• Detailed personal statement

The strength and quality of evidence can significantly affect the outcome.

3. Submit the Application

Applications are submitted to the Home Office either online or by post, depending on the circumstances.

It is critical to:

• Complete forms accurately

• Provide full supporting documentation

• Submit before your current leave expires

If you apply in time, your existing conditions are usually extended under Section 3C leave.

4. Await a Decision

The standard processing time is typically up to six months, though complex cases may take longer.

You must not leave the UK while your application is pending.

The Home Office may request further information or invite you to attend an interview.

How Long Is Discretionary Leave Granted?

Discretionary leave is usually granted for 30 months (2.5 years).

After completing 6 years (72 months) of continuous discretionary leave, you may be eligible to apply for Indefinite Leave to Remain, provided you continue to meet the requirements.

Can My Family Be Included?

Your immediate family members may be included in your application if they are in the UK and their circumstances are linked to yours.

This may include:

• Spouse or civil partner

• Unmarried partner

• Dependent children

• Adult children in full-time education or with disabilities

What Happens If My Application Is Refused?

If your application is refused, you may:

• Have a right of appeal to the Tribunal

• Request an administrative review

• Submit a fresh application with new evidence

• Consider judicial review in appropriate cases

Strict deadlines apply, and urgent legal advice is essential.

Can I Work While My Application Is Pending?

If you applied before your previous leave expired, your existing work rights usually continue under Section 3C leave.

If your previous visa did not permit work, you cannot begin working unless granted new permission.

What If I Am Detained?

If you are detained while your application is pending, you have the right to:

• Know the reasons for detention

• Apply for immigration bail

• Seek legal representation

Immediate legal assistance is crucial in detention cases.

Common Reasons for Refusal

Discretionary leave applications are often refused due to:

• Insufficient supporting evidence

• Weak human rights arguments

• Failure to demonstrate exceptional circumstances

• Immigration history issues

• Incomplete or incorrect application forms

• Public interest considerations

A carefully prepared application can significantly reduce these risks.

Application Fees

As of 2024:

• Application fee: £1,033 per applicant

• Biometric enrolment: £19.20 per person

• Immigration Health Surcharge may apply

Professional legal fees vary depending on complexity.

How a Solicitor Can Help

An experienced immigration solicitor can:

• Assess your eligibility

• Prepare detailed legal representations

• Gather and structure strong evidence

• Draft persuasive personal statements

• Correspond with the Home Office

• Represent you in appeals if necessary

• Plan long-term pathways to settlement

Given the discretionary nature of this route, professional representation can make a significant difference.

Get Expert Help With Your Discretionary Leave Application

Discretionary Leave applications are complex and require careful legal strategy.

Our immigration specialists provide clear advice, thorough preparation, and strong representation to protect your rights and strengthen your case.

Contact us today for a confidential assessment and expert assistance with your Discretionary Leave to Remain application.