The UK’s immigration system is governed by a series of complex rules designed to determine who should be permitted to enter and stay in the country. These rules often set clear criteria for various visa categories. However, there are cases where strict adherence to these rules could result in an outcome that is deemed unjust or a breach of human rights. For such exceptional cases, the Home Office may grant Discretionary Leave to Remain (DLR), allowing individuals to stay in the UK despite not meeting the standard visa requirements.
At DJF Lexvisa Solicitors, we specialise in guiding clients through the complexities of immigration law, including applications for Discretionary Leave to Remain. Our experienced team of immigration solicitors in London offers bespoke legal advice and representation, ensuring your application is prepared and presented with the utmost care and professionalism.
What is Discretionary Leave to Remain?
Discretionary Leave to Remain(DLR) is a form of temporary permission to stay in the UK, granted to individuals who do not qualify under the conventional immigration rules but who may face serious hardship or human rights violations if required to leave. DLR is not intended as a default option; it is seen as a “last resort” for cases that do not fall neatly into other visa categories such as asylum or humanitarian protection.
Discretionary Leave is generally granted in situations where denying leave would breach the UK’s obligations under the European Convention on Human Rights (ECHR), or where other significant factors, such as medical needs or length of residence in the UK, justify granting permission to stay.
At DJF Lexvisa Solicitors, we offer expert legal advice tailored to your individual circumstances, helping to navigate the complex Home Office requirements and ensuring that all necessary evidence and legal arguments are presented in your application for Discretionary Leave.
When Can Discretionary Leave to Remain Be Granted?
There are several scenarios where Discretionary Leave may be considered appropriate. Each case is assessed based on its unique facts, and the Home Office provides detailed guidance to decision-makers on when DLR should be granted.
1. Medical Treatment Cases (Article 3 ECHR)
The UK has obligations under Article 3 of the European Convention on Human Rights, which prohibits inhuman or degrading treatment. If an individual has a severe medical condition and would not have access to essential treatment in their country of origin, removing them from the UK could be considered a breach of Article 3. In such cases, Discretionary Leave may be granted.
2. Other ECHR Cases
In rare cases, an individual’s removal from the UK might result in a serious violation of other rights protected under the ECHR, even if the case does not fall under asylum or humanitarian protection. While these cases are infrequent, they could still justify a grant of Discretionary Leave.
3. Exceptional Circumstances
In some cases, Discretionary Leave is granted under Paragraph 353B of the Immigration Rules. This applies when an individual has exhausted all appeal rights and there are no fresh claims pending, yet exceptional circumstances make removal from the UK unjust. Decision-makers will consider factors such as the individual’s conduct, length of stay, and any criminal record.
DJF Lexvisa Solicitors can assist in building a strong case under exceptional circumstances. Our experienced immigration solicitors will meticulously prepare your case to ensure that all relevant factors are clearly presented to the Home Office.
4. Criminality and Exclusion Cases
In situations where an individual has a criminal history but cannot be deported without breaching their human rights, the Home Office may consider granting Restricted Leave. However, if the individual falls outside the scope of the Restricted Leave policy, they may be granted Discretionary Leave instead, depending on the severity of the case and the applicant’s criminal record.
Conditions and Duration of Discretionary Leave
The length of Discretionary Leave can vary depending on the circumstances of the case, though it is typically granted for a period of up to 30 months (2 ½ years). In exceptional cases, longer periods may be granted, particularly where children are involved, as the Home Secretary has a legal duty to consider the welfare of children under Section 55 of the Borders, Citizenship and Immigration Act 2009.
Those granted Discretionary Leave are generally allowed to work and may have access to public funds, depending on the specifics of their case.
Transitional Arrangements for Discretionary Leave Cases
Over the years, the rules governing Discretionary Leave have evolved, with certain categories of cases moved to other forms of leave. For instance, unaccompanied asylum-seeking children (UASC) were once granted Discretionary Leave but are now considered under specific provisions within the Immigration Rules. Similarly, victims of modern slavery used to be eligible for Discretionary Leave, but since 2023, they are now processed under the framework set out in the Nationality and Borders Act 2022.
For individuals caught in this transition, the immigration process can be particularly complex. DJF Lexvisa Solicitors is well-versed in handling transitional cases, ensuring that our clients are treated fairly and that no important detail is overlooked.
Why Choose DJF Lexvisa Solicitors?
Discretionary Leave to Remain applications are highly complex and require careful consideration of both legal and factual arguments. The Home Office assesses each application on a case-by-case basis, making it crucial to present a well-prepared, compelling case. At DJF Lexvisa Solicitors, we have a track record of successfully handling Discretionary Leave applications, and our experienced team can provide the expert legal advice and representation you need..
Conclusion
Discretionary Leave to Remain is a vital but challenging aspect of UK immigration law, intended for exceptional cases where removal from the UK would lead to unjust consequences. Given the complexities involved, it is essential to seek professional legal advice.
With DJF Lexvisa Solicitors by your side, you can have peace of mind knowing your case is in capable hands. We specialise in Discretionary Leave applications, offering expert advice and thorough representation to ensure the best possible outcome. Contact us today to discuss your case with one of our experienced immigration solicitors.