You may apply for an initial grant of Discretionary Leave to Remain (DLR) based on exceptional and compassionate circumstances, bypassing standard Immigration Rules. Under the Immigration Act 1971, the Secretary of State possesses the authority to grant leave on a discretionary basis outside of these rules, utilizing residual discretion. Discretionary Leave (DL) is awarded in accordance with Home Office policy, and, as stipulated by UKVI, applications for Discretionary Leave cannot be made from outside the UK.

For children born in the UK to parents with Discretionary Leave (DL) who are not British citizens, limited leave is generally granted in alignment with their parents’ status. If only one parent holds DL, the type of leave granted will be influenced by the status of the other parent.

Aden & Co Solicitors stands as a leading authority in UK immigration law, renowned for delivering top-tier visa and immigration legal services. Our esteemed team of highly qualified and seasoned immigration solicitors is reflected in our outstanding reputation, as evidenced by a 5-star rating from 99% of our satisfied clients on Google Reviews.

At Aden & Co Solicitors, our expert team specializes in immigration law, offering top-tier advice and legal representation for Discretionary Leave to Remain (DLR) applications on a fixed-fee basis. With extensive knowledge and a track record of successful DLR applications, we are well-equipped to handle your case effectively.

For comprehensive immigration guidance, reach out to our specialized team online for free advice, or schedule a detailed consultation with one of our experienced immigration lawyers regarding your application for Discretionary Leave outside the Immigration Rules.

Grounds for Discretionary Leave Granting

Discretionary Leave (DL) is reserved for cases where the standard Immigration Rules or Leave outside the Rules (LOTR) for Article 8 reasons do not apply. It is typically granted to individuals who demonstrate exceptional compassionate circumstances or other compelling reasons that warrant a discretionary decision.

Although not all scenarios where DL may be appropriate can be outlined, the following categories generally apply:

Medical Cases

Discretionary Leave (DL) may be sought on medical grounds under Articles 3 and 8 of the European Convention on Human Rights (ECHR). This applies to both asylum and non-asylum claims. Non-asylum cases making standalone human rights claims should use the FLR (FP) or FLR (HRO) application forms.

DL might be granted if the breach of ECHR rights associated with return would not justify humanitarian protection but would result in a severe denial of rights in the individual’s home country.

Exceptional Circumstances

Applications for Discretionary Leave (DL) can be based on exceptional and compassionate grounds.

Modern Slavery Cases (Including Trafficking)

Victims of modern slavery, servitude, and forced labor, as conclusively recognized by the National Referral Mechanism (NRM), may qualify for DL based on their personal circumstances, assistance with police investigations, and pursuit of compensation. This provision applies across the UK.

A person is not automatically eligible for DL solely due to being identified as a victim of modern slavery or trafficking. DL may be considered if the relevant Competent Authority (either the Single Competent Authority or the Immigration Enforcement Competent Authority) confirms the individual is a victim of modern slavery and meets one of the following criteria:

• Leave is required due to personal circumstances
• Leave is needed to pursue compensation
• The individual is assisting the police with investigations

Following a positive reasonable grounds decision, the Home Office UKVI may offer the option of DL. If accepted, this will be reviewed based on the criteria mentioned above. No application form or fee is required for initial consideration of DL. Asylum seekers will automatically be considered for DL if asylum or humanitarian protection is not granted.

Duration of Discretionary Leave (DL)

The length of Discretionary Leave (DL) is based on individual case details, typically not exceeding 30 months (2.5 years) per period. Initial DL grants do not guarantee further leave or settlement. Extensions may be granted if the applicant continues to meet the relevant criteria set forth in the applicable policy.

Since 9 July 2012, those granted DL must usually complete a continuous period of 120 months of limited leave (10 years, typically divided into four 2.5-year periods) before they are eligible to apply for settlement.

How Aden & Co Solicitors Can Assist You

At Aden & Co Solicitors, our team of expert immigration attorneys offers comprehensive legal support and advice for your Discretionary Leave (DL) application, all on a fixed fee basis. Our fixed fee covers every aspect of handling your Discretionary Leave (DL) application until the Home Office UKVI renders a decision. Here’s what our service includes:

• Requirement Consultation: Our immigration experts will guide you through the specific criteria necessary for a successful Discretionary Leave (DL) application.
• Document Preparation: We will provide you with a detailed list of all required supporting documents to ensure your Discretionary Leave (DL) application is complete.
• Document Review: Our team will meticulously review your submitted documents to confirm they meet the Immigration Rules‘ standards.
• Application Form Completion: We will accurately complete the relevant Discretionary Leave (DL) application form on your behalf.
• Priority or Super Priority Submission: Whenever feasible, we will expedite your Discretionary Leave (DL) application by using priority or super priority services for a faster decision.
• Appointment Scheduling: Post online submission, we will arrange your biometrics appointment with the application center.
• Cover Letter Preparation: Our solicitors will craft a detailed cover letter to support your Discretionary Leave (DL) application, outlining how all legal requirements are fulfilled.
• Online Document Upload: Prior to your biometrics appointment, we will upload all supporting documents online for consideration.
• Ongoing Support: We will continue to monitor and follow up on your application until a decision is made by the Home Office UKVI.

For expert guidance and dedicated support throughout your Discretionary Leave (DL) application process, trust Aden & Co Solicitors to deliver exceptional service.

Our One-Off Services For Immigration Applications

Aden & Co Solicitors offers a comprehensive array of bespoke legal services tailored specifically for UK visa and immigration applications. For those who prefer not to engage in our full-service package, our one-off legal services present an ideal alternative. Explore our specialized, individual legal services designed for UK visa and immigration matters, including:

Our Fixed Fees for Your Discretionary Leave (DL) Application

At Aden & Co Solicitors, we offer a clear and fixed fee structure for your initial application for Discretionary Leave (DL). Our fees range from £1,500 to £3,000, excluding VAT. The specific fee will be determined based on the complexity of your case and the amount of work required.

Please note that this fixed fee does not encompass additional disbursements, such as the UKVI application fee. The applicant is responsible for paying the Home Office UKVI fees separately.