The Secretary of State has discretion to grant a leave to remain outside the immigration rules but, post July 2012, it is sparingly used and mainly in cases raising compelling and exceptional circumstances or involving best interest of children. Often a failed asylum seeker is granted a discretionary leave if he/she is victim of human trafficking or there are other exceptional circumstances justifying such leave.
Even though various changes were made in the immigration rules and it is often called a complete code but in fact in the vast area of UK immigration we often come across cases where rules does not provide a remedy. In such cases if the circumstances warrant a grant of limited leave to remain, the Secretary of State may consider the case for granting a discretionary leave.
If you believe that you should be or should have been granted a leave outside the rules, you should arrange a consultation with our specialist immigration solicitor for assessment. Our specialist solicitor will provide you a tailored advice based on information we receive from you. We mainly deal with immigration matters on fixed fee basis for transparency.
We have various successful cases where not only the Secretary of State, even the immigration judge allowed appeals outside the immigration rules on the human rights basis. In a recent appeal, one of our client who was present in the UK on limited leave as father of his British child (from previous relationship) wanted to sponsor his present wife from abroad. The immigration rules are silent in this case and as expected his application was refused. However the Immigration judge did understand the exceptionality and allowed appeal outside the immigration rules, under human rights. If you are stuck in an exceptional situation, we will be more than happy to advise and assist at an affordable fee.