Initial Application For Discretionary Leave To Remain (DLR)

You can apply for initial grant of Discretionary Leave to Remain (DLR) on the basis of exceptional and compassionate circumstances, outside the Immigration Rules. The Secretary of State has the power to grant leave on a discretionary basis outside the Immigration Rules from her residual discretion under the Immigration Act 1971. The Discretionary Leave (DL) is granted outside the Immigration Rules in accordance with Home Office policy on grant of Discretionary Leave (DL). According to the Home Office UKVI, you cannot apply for Discretionary Leave from outside the UK.

Children born in the UK to parents who both have DL and are not British citizens should normally be granted limited leave in line with their parents. If only one parent has DL, the leave to be granted will depend on the status of the other parent.

Our speciailst team of immigration solicitors can provide expert immigration advice and legal representations on fixed fee basis conerning your application for Discretionary Leave to Remain (DLR). Our immigration solicitors have wealth of knowledge and extensive experience of successfully handling Discretionary Leave to Remain (DLR) applications.

Ask a question to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation session with one of our immigration lawyers concerning your application for Discretionary Leave outside the Immigration Rules.

Reasons For Granting Discretionary Leave

Discretionary Leave (DL) must not be granted where an individual qualifies for leave under the Immigration Rules or for Leave outside the Rules (LOTR) for Article 8 reasons. It only applies to those who provide evidence of exceptional compassionate circumstances or there are other compelling reasons to grant leave on a discretionary basis.

It is not possible to cover all the circumstances in which Discretionary Leave (DL) may be appropriate because this depends on the totality of evidence available in individual cases but the following broad categories may apply:

Medical Cases

You can apply for Discretionary Leave (DL) on medical grounds under Article 3 and 8 of the European Convention on Human Rights (ECHR). This applies to asylum and non-asylum cases. Non-asylum cases making a standalone human rights claim must do so using the FLR (FP) or FLR (HRO) application form.

DL may be appropriate where the ECHR breach associated with return would not warrant a grant of humanitarian protection but where return would result in a flagrant denial of the right in question in the person’s country of origin.

Exceptional Circumstances

You can apply for Discretionary Leave (DL) based on exceptional and compassionate circumstances.

Modern Slavery Cases (Including Trafficking)

Victims of slavery, servitude and forced and compulsory labour who are conclusively recognised as such by the National Referral Mechanism (NRM) may be eligible for DL based on the same criteria of personal circumstances, helping police with enquires and pursuing compensation as victims of human trafficking, and this provision applies across the UK.

A person will not normally qualify for DL solely because they have been identified as a victim of modern slavery or trafficking. Discretionary leave may be considered under this specific policy where the relevant Competent Authority (either the ‘SCA’ (the name ‘Single Competent Authority’ is being reviewed and will be updated in due course) or the Immigration Enforcement Competent Authority (IECA)) has made a positive conclusive grounds decision that an individual is a victim of modern slavery and they satisfy one of the following criteria:

• leave is necessary owing to personal circumstances
• leave is necessary to pursue compensation
• they are victims who are helping police with their enquiries

As part of the positive reasonable grounds decision letter issued by the relevant Competent Authority, the potential victim of modern slavery (including human trafficking), will be asked by the Home Office UKVI if they would like to be considered for DL in the event of a positive conclusive grounds decision from the NRM. Where they indicate they would like to be considered for DL this will be considered under the criteria relating to personal circumstances, helping police with enquires and pursuing compensation detailed in the Discretionary leave considerations for victims of modern slavery guidance once a positive conclusive grounds decision is issued. The victim may be asked to provide up to date information regarding the reasons to be considered for DL at any time prior to the consideration. The victim will not need to fill in an application form or pay a fee for an initial consideration of DL on this basis. A victim who has claimed asylum will receive automatic consideration for DL on this basis if they are not granted asylum or humanitarian protection.

Duration Of Discretionary Leave (DL)

Where Discretionary Leave (DL) is granted, the duration of leave is determined by considering the individual facts of the case but leave is not normally granted for more than 30 months (2 and a half years) at a time. When a person is granted an initial period of DL, this does not necessarily mean they will be entitled to further leave or to settlement. Subsequent periods of leave may be granted providing the applicant continues to meet the relevant criteria set out in the published policy on DL applicable at the time of the decision.

From 9 July 2012, those granted DL must normally have completed a continuous period of at least 120 months’ limited leave (this means: a total of 10 years, normally consisting of 4 separate 2 and a half year periods of leave) before being eligible to apply for settlement. 

How Can We Help?

Our specialist team of immigration solicitors can provide expert immigration advice and legal representations on fixed fee basis in relation to your application for Discretionary Leave (DL). Our fixed fee for your application for Discretionary Leave (DL) will cover all the work of our immigration solicitors on your application for Discretionary Leave (DL) until a decision is made by the Home Office UKVI on your application for Discretionary Leave (DL). The casework to be carried out by our immigration solicitors in relation to your application for Discretionary Leave (DL) will entail the following:

• Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your application for Discretionary Leave (DL) to succeed.
• Advised on documents: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for Discretionary Leave (DL);
• Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your application for Discretionary Leave (DL) are in accordance with the requirement of the Immigration Rules.
• Completing application form: Our immigration lawyers will complete the relevant application form for your application for Discretionary Leave (DL).
• Submitting application through Priority or Super Priority Service: Where possible, our immigration lawyers will submit your online application for Discretionary Leave (DL) through priority or super priority service to get faster decision on your application for Discretionary Leave (DL).
• Booking an appointment with the application centre: After the online submission of your application for Discretionary Leave (DL), our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics.
• Preparing a detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application for Discretionary Leave (DL) explaining how all the legal requirements are met for the approval of your application for Discretionary Leave (DL).
• Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your application for Discretionary Leave (DL).
• Follow up work: Our immigration lawyers will carry out all the follow up work until decision by the Home Office UKVI on your application for Discretionary Leave (DL).

Our One-Off Services For Immigration Applications

Our immigration solicitors can also provide a wide range of one-off legal services for UK visa and immigration applications. Using our one-off services can help those who do not want to use our full service for the immigration application. You can use one of the following one-off legal services offered for UK visa and immigration applications:

• One-Off Immigration Advice and Consultation
• Immigration Documents Checking Service
• Application Form Completion Services
• Submitting Application Through Priority and Super Priority Service
• Preparing Cover Letter For Immigration Application
• Uploading Supporting Documents Online

Our Fixed Fees For Your Initial Application For Discretionary Leave (DL)

• Our immigration solicitors will charge a fixed fee ranging from £1,500 to £3,000 (no VAT) for your initial application for Discretionary Leave (DL). The agreed fixed will depend on the complexity of the application and the volume of work involved in the application for Discretionary Leave (DL).
• Our fixed fee for the application does not cover any disbursements e.g. UKVI fee for the application and the applicant has to separately pay the Home office UKVI fees for the application.