Discretionary leave (DL) to remain is the name given to the permission to stay in both asylum and non-asylum situations where the UK’s Immigration Rules do not apply. The Immigration Rules cover the vast majority of non-EEA nationals’ immigration situations; however, in exceptional cases, permission can be given to individuals who are not eligible under the Immigration Rules but have special and/or compassionate reasons that may allow them to live in the UK. Like its name states, this is at the discretion of the Home Office – they are not obliged to grant leave to remain in those circumstances, but if they wish to, they can. They are given sparingly due to the fact that the Home Office is not obliged to grant all applications.

What Are the Conditions for Applying for Discretionary Leave to Remain?

Discretionary Leave to Remain (DLR) is only granted in exceptional cases, outside the standard Immigration Rules. The Home Office applies strict conditions to ensure this route is used sparingly and only when truly justified.

Exceptional or Compassionate Grounds

Applicants must show that they face exceptional or compelling circumstances. This could include serious medical needs, breaches of the European Convention on Human Rights (ECHR), or being a victim of modern slavery or trafficking. For example, if returning to your home country would result in inhuman or degrading treatment due to a lack of adequate medical care, you may be considered for DLR.

Not for Those Qualifying Under Other Routes

DLR is not available if you qualify for asylum, humanitarian protection, or leave under family or private life rules. It is a “last resort” policy, only used when all other immigration options have been exhausted.

Evidence Required

Applications for DLR are complex and require strong documentary evidence. You must provide detailed proof of your circumstances, such as medical reports, evidence of risk or harm, or documents showing your vulnerability. The Home Office is not obliged to grant DLR and will assess each case on its individual merits, considering all the evidence provided.

Cannot apply from Overseas

You must already be in the UK to apply for DLR, as applications from abroad are not accepted. The application process involves submitting the appropriate forms (such as FLR(HRO) for human rights claims) and supporting documents..

How Long Can You Stay on Discretionary Leave?

Discretionary Leave to Remain is usually granted for 30 months at a time. If your exceptional circumstances continue, you may apply to extend your leave, but each extension requires a new application and updated evidence. For those first granted Discretionary Leave on or after 9 July 2012, settlement (Indefinite Leave to Remain) is possible after 10 years of continuous leave. If you were granted leave before this date, you may be eligible for settlement after 6 years.

Who can you apply with?

Family members such as children and partners who are already in the UK can be included in your application as dependants. In some cases, elderly or dependent relatives may also be considered if their removal significantly affects their family or private life.

Anyone in the UK who cannot qualify under standard immigration routes but can show exceptional and compassionate circumstances may apply for Discretionary Leave. Applications can be made for an initial grant, an extension, or settlement after the qualifying period. However, the Home Office decides each case individually, and there is no automatic right to Discretionary Leave, even in exceptional situations.

What if a discretionary leave to remain application is approved?

If your application for discretionary leave to remain is approved, you will be allowed to stay in the UK for a set period, usually with access to public funds, the right to work, and the right to study. The exact length of your leave depends on your circumstances. However, being granted discretionary leave does not guarantee further extensions or settlement. You must reapply and continue to meet the relevant criteria each time your leave is due to expire. Normally, you will need to complete 10 years of continuous discretionary leave before you can apply for indefinite leave to remain.

For those granted discretionary leave as victims of human trafficking, permission to stay is usually only given until the outcome of any related asylum claim or further submissions. After this, your leave may be changed or ended, depending on the decision.

Discretionary leave to remain application refused?

If your application is refused, you may have the right of appeal. This will be explained in your decision letter from UKVI. In such cases, it is important to seek advice from an immigration expert as soon as possible.

Alternative routes to discretionary leave to remain

Discretionary leave to remain is a fallback option when you do not qualify under the usual immigration rules. Alternatives are limited but may include Leave Outside the Rules (LOTR) for exceptional reasons or leave under Article 8 (right to private and family life). These routes are rarely taken for granted, so it is always advisable to get expert advice before applying.

ARIS International Lawyers is a UK immigration specialist. We provide reliable support throughout the entire process of UK immigration, settlement, and various visa applications. We offer tailored strategies and expert advice for complex and challenging UK immigration procedures, helping clients achieve successful settlement and secure their rights. If you need assistance, please contact us on 0203 865 6219 or leave a message.