Home Office Concession/Discretionary/Outside The Rules Application
In a limited circumstance, the Home Office grant leave to remain in the UK outside the immigration rules, this is called ‘Discretionary Leave’ (DL) and this applies in both asylum and non-asylum cases from applicants applying from within the UK.
DL cannot be applied for from abroad. It is intended to cover exceptional and compassionate circumstances and, as such, it is used sparingly. DL is granted outside the Immigration Rules in accordance with Home Office policy set out in their instruction.
It is not be granted where a person qualifies for asylum or humanitarian protection (HP) or for family or private life reasons.
Although several concessions outside the rules have been closed and others have been brought inside the rules, most notably as part of the Points Based System, a small number of concessions continue to exist.
The circumstances in which someone may be granted leave for exceptional (non-family or private life) reasons are covered either by the policy on Leave outside the Rules (LOTR) for non-Article 8 reasons or the DL instruction.
DL was introduced alongside HP in April 2003 to replace exceptional leave to remain (ELR) and was initially used to grant leave for Article 8 reasons where removal would breach our obligations under Article 8 of the European Convention on Human Rights (ECHR).
However, following the implementation of the family and private life rules on 9 July 2012, DL is no longer to be granted where the requirements of those rules in Appendix FM or paragraphs 276ADE(1) to 276CE are met or where LOTR should be granted for Article 8 reasons. Transitional arrangements apply to those granted DL for Article 8 reasons before 9 July 2012.
If you are in the UK, with no legal status but think you may be eligible to be consider outside the immigration rules, please call our Lawyers to discuss your options. Call us now.
