Discretionary Leave to Remain- Outside the Immigration Rules

Discretionary Leave to Remain


Even though various changes were made in the immigration rules and it is often called a complete code but in the vast area of UK immigration we often come across cases where rules do 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 leave outside the rules, you should arrange a consultation with our specialist immigration solicitor for assessment.

Our specialist solicitor will provide you tailored advice based on the information we receive from you. We mainly deal with immigration matters on a fixed fee basis for transparency.

In order to confirm your eligibility and avail free “No obligation Assessment”, please contact us on 0208 124 3222.


The Secretary of State has the 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 the best interest of children.

Often a failed asylum seeker is granted a discretionary leave if he/she is a victim of human trafficking or there are other exceptional circumstances justifying such leave.

  • While granting the Discretionary Leave to Remain, Home Office considers the best interest of the children who are living in the UK
  • Children coming to the UK are granted Discretionary Leave to Remain till they attain the age of 17
  • Discretionary Leave to Remain can also be granted on “Medical Grounds”
  • Exceptional Circumstances may also lead to the grant of Discretionary Leave to Remain 

It is possible to seek an extension for Discretionary Leave to Remain. This kind of extension is normally granted if no change has been monitored in the circumstances of the person who has availed such a grant, previously.

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 clients who was present in the UK on limited leave as the father of his British child (from the 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.


Our leading immigration solutions are with an assurance of taking care of each and every step of the application process. We follow and adhere to all the essential standards in the way and provide concise, promising and efficient advice making sure that the likelihood of your visa or immigration be granted. We have developed panels of individual immigration solicitors with specific expertise to take care of each type of visa category. Just for an example, our corporate and business panel takes care of tier 1 and tier 2 visas and other solicitors handle partner visas and there are specialists who are meant to be handling complex European Immigration law cases. We make sure that your immigration cases and concerns are taken care of by the best top notch immigration solicitors who have the right level of skills and expertise in the area.

Being a highly reputed immigration law firm, our company is backed with the reliable team of knowledgeable and up-to-date experienced immigration solicitors and lawyers handling entry clearance settlement and non settlement cases with zeal and utter efficiency. Feel free to go through our services, information available on the website. When you decide to get in touch with one of the highly experienced immigration solicitors, simply e-mail or call us. The response will be given immediately from our side and we assure to serve you round the clock for none but the best level of responses.

We do have a simple and straightforward process assuring to help our clients and it is been mentioned in below:

  • Once you connect with us via phone web chat or email, we will analyse the case and accordingly will provide you a quote
  • Our immigration solicitors will call you up for consultation that usually last for about an hour. The discussion will let you have the clarity about how we can help you and take a call on this, whether to proceed with availing the services or no.

We are true to our words and believe in taking the full responsibility of helping our clients in any simple, complex or stressful visa or immigration matter. With years of experience and insight of the industry, we cater world class legal immigration services, advice and support in both appeals and applications. We have actually carved recognition in the industry and are highly dedicated of offering the best level of services to all our clientele from all over.

The reasons are many. Our specialists go through each minor detail of your case and will assuredly issue all the engagement letters within 24 hours of time after the consultation. We have a big team of immigration solicitors and experts having vast and deep knowledge of their areas, so feel free to consult or meet any of them and feel the difference. We ensure that according to the demand and need of your issue, you will be provided with the respective time and respect and our experts will provide you the most honest, clear and effective advice as needed. Our stringent quality standards and assurance reflect the dedication and commitment towards work and clarity on the fact that we render none but the world class services at affordable prices.