Discretionary Leave To Remain (DLR)

If you have been told that you do not qualify for asylum, humanitarian protection, a family visa or a private life application, Discretionary Leave may still be relevant — but only in limited and carefully evidenced cases.

Discretionary Leave to Remain, often called DL or DLR, is not a normal visa route. It is a form of permission to stay granted outside the Immigration Rules where the Home Office accepts that the facts are exceptionally compelling, compassionate or otherwise strong enough to justify a grant of leave even though the person does not qualify under an ordinary immigration category.

This page explains when Discretionary Leave may be considered, why it is difficult to obtain, what evidence is usually needed, how further leave and settlement may work, and what can be done if the Home Office refuses the application.

For official Home Office guidance, see the GOV.UK page on Discretionary Leave caseworker guidance.

Book an immigration law consultation if you need advice on whether your circumstances may justify Discretionary Leave, Leave Outside the Rules, a human rights claim, further submissions or another immigration route.

What is Discretionary Leave to Remain?

Discretionary Leave is permission to remain in the UK granted outside the Immigration Rules under the Secretary of State’s residual discretion. It is used only where a person does not qualify under the Rules, but there are exceptional compassionate circumstances or other compelling reasons why leave should be granted.

It is important to understand what Discretionary Leave is not. It is not a shortcut around the normal Immigration Rules. It is not a general hardship route. It is not granted simply because a person has lived in the UK for a long time, has worked here, has friends here, prefers life in the UK, or would face a difficult adjustment if required to leave.

The Home Office guidance makes clear that Discretionary Leave should not be granted where a person qualifies under the Immigration Rules or where their case should properly be considered under another policy or route, such as Appendix FM, Appendix Private Life, humanitarian protection, refugee status, medical human rights grounds, modern slavery temporary permission to stay, or Leave Outside the Rules on compelling compassionate grounds.

When might Discretionary Leave be relevant?

Discretionary Leave may be relevant where the facts are unusual, serious and strongly evidenced, and where the person does not fall within another immigration route. The Home Office considers each case on its individual facts.

Examples of situations where Discretionary Leave may need to be considered include:

• serious medical or human rights cases where removal may raise issues under Article 3 or Article 8 of the European Convention on Human Rights;
• cases where return would result in an ECHR breach, but the facts do not justify refugee status or humanitarian protection;
• exceptional cases considered in the context of further submissions, removal review or paragraph 353B of the Immigration Rules;
• some historic or transitional cases involving people previously granted Discretionary Leave;
• certain modern slavery or trafficking-related cases, depending on the date, facts, NRM position, asylum history and applicable Home Office policy.

These categories are not automatic. They simply indicate areas where Discretionary Leave may arise. The legal question is always whether the evidence shows circumstances strong enough to justify a grant outside the ordinary rules.

Discretionary Leave, asylum and humanitarian protection

Discretionary Leave is often discussed after an asylum or humanitarian protection claim has failed. That does not mean every refused asylum seeker should receive Discretionary Leave.

If a person qualifies as a refugee, they should be granted refugee permission. If they meet the test for humanitarian protection, they should be granted protection status. Discretionary Leave is only considered where those routes do not apply, but there are still exceptional circumstances that may make removal inappropriate or unlawful.

For example, a person may fail to show a well-founded fear of persecution or a real risk of serious harm for humanitarian protection purposes, but still raise separate medical, human rights or compelling compassionate issues. Those issues must be carefully identified and supported by evidence. A weak asylum claim does not become a strong Discretionary Leave claim simply because the person wants to stay in the UK.

Discretionary Leave and Article 8 family or private life

Since 9 July 2012, Discretionary Leave is generally no longer granted for ordinary family or private life reasons. Most family life cases are considered under Appendix FM. Most private life cases are considered under Appendix Private Life. Exceptional family life circumstances are normally considered within the family life framework and Article 8 guidance, not by simply labelling the application as Discretionary Leave.

This matters because many people use the phrase “discretionary leave” when they actually mean a human rights application, private life application, parent route, partner route, long residence issue, further submissions or Leave Outside the Rules. Choosing the wrong legal framework can weaken the application and create avoidable refusal risks.

Discretionary Leave and Leave Outside the Rules

Discretionary Leave and Leave Outside the Rules are related but not identical concepts. Leave Outside the Rules may be considered where there are compelling compassionate grounds not covered by family life, private life, medical, asylum or protection routes. Discretionary Leave is a specific Home Office policy for granting leave outside the Immigration Rules in defined exceptional situations.

In practice, the correct route depends on the factual basis of the claim. A case based on family life, private life, medical treatment, asylum risk, trafficking, statelessness, deportation or compassionate circumstances may each require a different legal route, form, policy and evidential structure.

Can you apply for Discretionary Leave from outside the UK?

No. Discretionary Leave under the Home Office policy is a form of leave to remain and cannot be applied for from outside the UK. A person outside the UK must normally consider the relevant entry clearance route, family route, protection-related process, or another applicable immigration category.

What must be shown in a Discretionary Leave case?

There is no single checklist that guarantees success. A strong case usually needs to show:

• why the applicant does not qualify under another immigration route;
• what exceptional or compelling circumstances exist;
• why those circumstances justify leave outside the Immigration Rules;
• what would happen if the applicant were required to leave the UK;
• why any alternative route, relocation option or voluntary departure is not realistic or lawful on the facts;
• whether there are children affected and what their best interests require;
• whether there are criminality, deception, exclusion or suitability issues;
• why the evidence is reliable, current and independent.

The Home Office will expect more than assertion. The application should explain the law, the facts, the evidence and the consequences of refusal in a disciplined way.

Evidence needed for Discretionary Leave

The evidence depends on the basis of the case. Common evidence may include:

• identity documents, immigration history and previous Home Office decisions;
• asylum decisions, appeal determinations, further submissions and removal notices, where relevant;
• medical records, consultant letters, treatment plans, prognosis evidence and evidence about availability and accessibility of treatment abroad;
• social services records, safeguarding evidence, school evidence and evidence concerning children’s welfare;
• expert reports, where genuinely necessary and properly instructed;
• evidence of family relationships, dependency and care arrangements;
• evidence explaining obstacles to return or reasons why departure is not realistic;
• criminal record evidence, sentencing remarks, probation evidence and rehabilitation material, where relevant;
• witness statements addressing the facts clearly and consistently.

Evidence should be current. Old documents may still matter, but the Home Office will usually want to know what the position is now. Where the case relies on medical, psychological, safeguarding or country evidence, generic evidence is rarely enough.

Medical cases and Discretionary Leave

Medical cases are legally difficult. The fact that treatment in the UK is better, easier to access, more familiar or more advanced will not usually be enough. The evidence must address the relevant human rights threshold and the actual consequences of removal.

A medical case may need evidence about diagnosis, severity, prognosis, treatment dependency, risk on interruption of treatment, availability of treatment in the country of return, practical accessibility, cost, family support, vulnerability and any immediate risk arising from removal.

Where a medical claim is made as a human rights claim, the correct form and legal basis must be chosen carefully. A poorly prepared medical application can be refused because it describes hardship but fails to prove the legal threshold.

Children and section 55 considerations

If children are affected, the Home Office must have regard to their best interests as a primary consideration under section 55 of the Borders, Citizenship and Immigration Act 2009. That does not mean a child’s presence automatically secures leave for a parent or other adult. It does mean the child’s circumstances must be properly identified, evidenced and weighed.

Relevant evidence may include school evidence, health evidence, social care evidence, evidence of dependency, evidence of special educational needs, evidence of contact arrangements, and evidence of the practical impact on the child if the applicant is removed or refused leave.

How long is Discretionary Leave granted for?

The length of Discretionary Leave depends on the facts. Home Office guidance indicates that 30 months will generally be appropriate where Discretionary Leave is granted, but shorter or longer periods may be granted depending on the individual circumstances. In particularly compelling circumstances, indefinite leave may be considered, but that should not be treated as the normal outcome.

The period granted should be linked to the reason for the grant. If the circumstances are temporary, the grant may be shorter or the Home Office may expect the person to make a further application before the leave expires if the circumstances continue.

Can Discretionary Leave lead to indefinite leave to remain?

Yes, but settlement is not automatic. For people first granted Discretionary Leave on or after 9 July 2012, the normal qualifying period is 10 years of continuous limited leave under the Discretionary Leave policy. This is usually made up of four periods of 30 months.

Different transitional arrangements may apply to people first granted Discretionary Leave before 9 July 2012. Those cases require careful checking because the historic basis of the grant, subsequent grants and current policy may affect the settlement position.

At settlement stage, the Home Office will consider whether the person still qualifies under the Discretionary Leave policy and whether there are any criminality, exclusion, suitability or other refusal issues. Time spent in prison in connection with a criminal conviction does not count towards the 10-year qualifying period, although leave before and after imprisonment may be relevant depending on continuous residence.

Further leave after Discretionary Leave

A person granted Discretionary Leave must normally apply before their existing leave expires if they wish to remain in the UK. The further application should show that the circumstances which justified the original grant still apply, or that there is another basis on which leave should now be granted.

For further leave under the Discretionary Leave policy, the Home Office guidance refers to the FLR(DL) form unless a different route applies. If the case is actually based on family life, private life or another human rights route, a different form may be required. Using the wrong form can create validity, fee, evidence and refusal problems.

Common Home Office concerns in Discretionary Leave cases

The Home Office may refuse or challenge a Discretionary Leave application where:

• the applicant has not shown why they cannot use an ordinary immigration route;
• the case is based on general hardship rather than exceptional circumstances;
• the evidence is weak, old, inconsistent or unsupported;
• medical evidence does not address the legal test or conditions in the country of return;
• the applicant has not explained why voluntary departure is not possible;
• there are credibility problems from earlier asylum, human rights or immigration decisions;
• there is criminality, deception, non-compliance or adverse conduct;
• the facts have changed since the previous grant of leave;
• the claim should have been made under Appendix FM, Appendix Private Life, a protection route, statelessness, modern slavery policy or another route instead.

What happens if Discretionary Leave is refused?

The next step depends on the decision made, the basis of the application and whether a human rights claim has been refused. Some refusals may carry a right of appeal. Some may not. Some may be challenged by administrative review only if the relevant route provides for it. Some may require judicial review if the decision is legally flawed and no adequate alternative remedy exists.

Possible next steps may include:

• appealing a refusal of a human rights claim, where a right of appeal exists;
• making further submissions if there is new, significant and properly evidenced material;
• challenging an unlawful decision by judicial review where appropriate;
• making a fresh application under the correct immigration route;
• correcting evidence gaps if the refusal identifies missing or inadequate material.

A refusal letter should be analysed carefully. The key question is not simply whether the decision feels unfair. The question is whether the Home Office applied the correct legal framework, considered the evidence properly, made sustainable findings and gave lawful reasons.

Discretionary Leave after a previous asylum refusal

Where a person has claimed asylum and been refused, the Home Office may already have made findings about credibility, risk on return, documents and country conditions. Those findings can affect any later Discretionary Leave, human rights or further submissions case.

A later application must deal with the previous decision directly. It should identify what has changed, what new evidence exists, why the new evidence matters, and why the case now meets the relevant legal threshold. Repeating arguments already rejected is unlikely to succeed unless there is material new evidence or a legal error in the earlier decision.

Why legal advice can make a difference

Discretionary Leave cases are often refused because the wrong route is chosen, the evidence is unfocused, or the application asks the Home Office for sympathy without proving a legal basis for leave.

Legal advice can help by:

• identifying whether the case is truly a Discretionary Leave case or another type of application;
• checking whether Appendix FM, Appendix Private Life, protection, statelessness, modern slavery, medical human rights or Leave Outside the Rules is the correct framework;
• analysing previous refusals and appeal findings;
• preparing focused legal representations;
• identifying the evidence needed before the application is submitted;
• reducing the risk of avoidable refusal caused by weak structure or the wrong form;
• advising on appeal, judicial review or further submissions after refusal.

Book an immigration law consultation if you need a careful assessment of whether Discretionary Leave, Leave Outside the Rules, a human rights application, further submissions or another immigration route is the safest legal option.

Practical next steps

If you think Discretionary Leave may apply to you, start by collecting the key documents: all Home Office decisions, appeal decisions, immigration history, identity documents, medical evidence, family evidence, safeguarding evidence, criminal record evidence if relevant, and any evidence explaining why return would have serious consequences.

The next step is to identify the correct legal route. This is crucial. A person who actually qualifies under Appendix Private Life should not usually present the case as Discretionary Leave. A person relying on family life should normally be assessed under Appendix FM and Article 8. A person raising medical harm must meet the correct medical human rights framework. A person with trafficking-related issues may need modern slavery policy analysis.

Only after the route is clear should the application, evidence and legal representations be prepared.

Frequently asked questions about Discretionary Leave to Remain

Is Discretionary Leave the same as a visa?

Discretionary Leave is immigration permission, but it is not an ordinary visa route. It is granted outside the Immigration Rules in exceptional cases where the Home Office accepts that leave should be granted even though the person does not qualify under a standard route.

Can I apply for Discretionary Leave from outside the UK?

No. Discretionary Leave under the Home Office policy cannot be applied for from outside the UK. A person outside the UK must consider the correct entry clearance or other immigration route.

How long is Discretionary Leave granted for?

The period depends on the facts. A grant of 30 months is generally appropriate under Home Office guidance, but shorter or longer periods may be granted. In particularly compelling circumstances, indefinite leave may be considered, but that is not the normal outcome.

Does Discretionary Leave lead to indefinite leave to remain?

It can. For people first granted Discretionary Leave on or after 9 July 2012, the normal qualifying period for settlement is 10 years of continuous limited leave under the Discretionary Leave policy. Transitional rules may apply to older grants.

Can I work with Discretionary Leave?

Many grants of limited leave allow work, but the conditions attached to the grant must be checked carefully. The decision letter and online immigration status should be reviewed before relying on any right to work.

Is Discretionary Leave granted for family life?

Since 9 July 2012, ordinary family and private life cases are generally considered under Appendix FM, Appendix Private Life and Article 8 frameworks rather than under the Discretionary Leave policy. Historic grants may need separate transitional analysis.

What if my Discretionary Leave application is refused?

The correct response depends on whether the refusal is a refusal of a human rights claim, whether there is a right of appeal, whether fresh evidence exists, and whether the decision is legally flawed. Options may include appeal, further submissions, a fresh application or judicial review.

Do I need a lawyer for a Discretionary Leave case?

There is no legal requirement to use a lawyer, but these cases are complex. A lawyer can help identify the correct route, prepare evidence, address previous refusals and reduce the risk of an avoidable refusal caused by using the wrong legal framework.

Legal disclaimer

This page provides general information about Discretionary Leave to Remain and related UK immigration issues. It is not legal advice and should not be relied on as advice on any individual case. Discretionary Leave, human rights claims, further submissions, asylum-related issues, medical claims and settlement applications are fact-sensitive and must be assessed against the law, Immigration Rules and Home Office policy in force at the date of decision or application. No outcome, grant of leave, appeal success, settlement or processing time is guaranteed.

Last legally reviewed: 15/06/2026 13:39 BST
By: Adam Sierant