The Secretary of State has the authority to grant such leave through her discretionary powers under the Immigration Act 1971. Discretionary Leave (DL) is issued outside the Immigration Rules in accordance with the Home Office’s policy. However, it is important to note that applications for Discretionary Leave must be made within the UK; it is not possible to apply from abroad. For children born in the UK to parents who both hold DL and are not British citizens, the general practice is to grant limited leave in line with the parents' status. If only one parent has DL, the child’s leave will depend on the immigration status of the other parent.

How We Can Assist You

Our team of expert immigration solicitors is equipped to provide top-tier advice and legal representation for your application for Discretionary Leave to Remain (DLR) on a fixed-fee basis. With extensive experience and a deep understanding of the complexities involved in DLR applications, we are well- positioned to assist you. You can reach out to our team for free initial advice online or book an appointment for a detailed consultation regarding your Discretionary Leave application.

Grounds for Granting Discretionary Leave



Discretionary Leave (DL) is not granted if an individual qualifies for leave under the Immigration Rules or for Leave outside the Rules (LOTR) on Article 8 grounds. DL is reserved for those who can demonstrate exceptional and compassionate circumstances or other compelling reasons that justify granting leave on a discretionary basis. While it is impossible to list all scenarios where DL might be appropriate, the following are some broad categories:

Medical Cases:

You may apply for DL on medical grounds under Articles 3 and 8 of the European Convention on Human Rights (ECHR). This applies to both asylum and non-asylum cases. Non-asylum cases making a standalone human rights claim should use the FLR (FP) or FLR (HRO) application form. DL may be granted where a breach of the ECHR associated with a person’s return would not warrant humanitarian protection, but the return would result in a severe denial of rights in their country of origin.

Exceptional Circumstances:

You may apply for DL based on unique and compassionate circumstances that require special consideration.

Modern Slavery Cases (Including Trafficking):

Victims of modern slavery, servitude, or forced labor who are conclusively identified as such by the National Referral Mechanism (NRM) may be eligible for DL. This leave can be granted based on personal circumstances, assisting police with inquiries, or pursuing compensation, similar to victims of human trafficking. However, being recognized as a victim of modern slavery alone does not automatically qualify someone for DL.

DL may be considered when a relevant Competent Authority (either the SCA or the Immigration Enforcement Competent Authority (IECA)) makes a positive decision that an individual is a victim of modern slavery and meets one of the following criteria:

Leave is necessary due to personal circumstances.

Leave is necessary to pursue compensation.

The individual is assisting the police with inquiries.

When a positive decision is made, the potential victim will be asked if they wish to be considered for DL. This consideration will be based on personal circumstances, assisting with inquiries, or pursuing compensation. The victim may be asked to provide updated information at any time before the DL decision is made. They will not need to submit a formal application or pay a fee for the initial DL consideration. If a victim has applied for asylum and is not granted asylum or humanitarian protection, they will automatically be considered for DL.

Duration of Discretionary Leave (DL)

When DL is granted, the length of leave is determined by the specific circumstances of the case, though it is typically not granted for more than 30 months (2.5 years) at a time. An initial grant of DL does not guarantee future leave or settlement. Further leave may be granted if the applicant continues to meet the criteria set out in the Home Office’s policy on DL at the time of the decision. From July 9, 2012, those granted DL must usually complete at least 120 months (10 years) of continuous limited leave before becoming eligible to apply for settlement. This typically consists of four consecutive 2.5-year periods of leave.

Our Services for Discretionary Leave Applications

We offer comprehensive legal services on a fixed-fee basis for your Discretionary Leave (DL) application. Our fixed fee covers all the work involved, from the initial application through to the final decision by the Home Office UKVI. Our services include:

Requirement Advice: We will advise you on the specific requirements you must meet for a successful DL application.

Document Guidance: We will provide a detailed list of the documents needed to support your application.

Document Assessment: We will review your documents to ensure they meet the necessary Immigration Rules.

Application Form Completion: We will complete the appropriate application form for your DL application.

Priority Service Submission: Where applicable, we will submit your application through the priority or super-priority service for a faster decision.

Appointment Scheduling: After online submission, we will schedule your appointment at the application center for biometric enrollment.

Detailed Cover Letter: We will prepare a comprehensive cover letter explaining how your application meets all legal requirements.

Document Upload: We will upload all supporting documents online before your biometrics appointment.

Follow-Up Work: We will manage all follow-up work until a decision is made on your application.

We will manage all follow-up work until
Appropriate Work Experience

One-Off Services for Immigration Applications

In addition to full-service support, we also offer a range of one-off services for those who do not require our complete package. These include:
One-Off Immigration Advice and Consultation
Immigration Document Checking Service
Application Form Completion Services
Priority and Super Priority Application Submission
Cover Letter Preparation for Immigration Applications
Online Document Upload Services

Age

Our Fixed Fees for Initial Discretionary Leave Applications

Our fixed fees for an initial Discretionary Leave (DL) application range from £1,500 to £3,000, depending on the complexity of your case and the amount of work involved. Please note that this fee does not include any disbursements, such as the UKVI application fee, which must be paid separately to the Home Office. Our experienced immigration solicitors will guide you through every step of the process, ensuring that your application is as strong as possible to increase your chances of success.



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