Immigration Lawyers With Over 55,000 Applications Approved. | See our success stories
+44 (0)333 414 9244 Mon - Fri, 8:30am - 8pm and Sat - Sun, 10am - 4pm | Client Portal
Contact Us
Application & Advice From Top Immigration Lawyers

Discretionary Leave to Remain

If you’re in the UK and have strong exceptional or compassionate grounds to remain in the country, you may be eligible for discretionary leave to remain.

For more information about discretionary leave to remain, including expert advice and support for your own immigration case, speak to one of our legal advisers today. Call us on +44 (0)333 414 9244 or contact us online.

Call us on +44 (0)333 414 9244 for immediate help and assistance

We have helped over 55,000 people get their visas approved the first time

Complete the form below to request a call back

    What are the benefits of choosing IAS’ Advice Package?

    Our Advice Package is the ideal option if you are looking for expert immigration legal advice. With this service, you will have a one-on-one session with one of our immigration lawyers.

    Your immigration lawyer will consider your case and offer bespoke advice, and they will advise you on the optimum route to take to achieve your desired result.

    During your advice session, you will be able to discuss your case and get detailed information about your options to proceed with your case. We will:

    Review your situation and explore your opportunities to get your desired immigration results.

    Advice on the most appropriate documentary evidence required to support your case.

    Discuss the requirements that you need to meet to qualify for your visa.

    Outline the expected time frames to process your application.

    After booking your first consultation, you will have 3 days to ask any follow-up questions free of charge.

    Regardless of what your personal immigration query might be, IAS is here to help and support your. Call us or enquire online to learn more about our Immigration Advice Package.

    Services we Provide

    Overview of Discretionary Leave to Remain

    Discretionary leave to remain is a type of immigration permission that is given to certain immigrants who cannot be processed under existing UK immigration rules.

    This may apply in situations where there are exceptional or special compassionate grounds that justify the individual being allowed to stay in the UK.

    Another reason for why discretionary leave to remain might be granted is if there would be “unjustifiably harsh” circumstances that arise from deporting a migrant from the UK.

    Discretionary leave to remain is normally only granted when normal leave outside the rules guidelines under the European Convention on Human Rights (ECHR) Article 8 are not applicable. Article 8 covers humanitarian protection, asylum, private and family life reasons.

    Instead, circumstances where the Home Office may grant discretionary leave to remain may include medical grounds, human trafficking, and others.

    Eligibility Criteria for Discretionary Leave to Remain

    Whilst there is no fixed list of circumstances in which discretionary leave to remain will be granted, you may be eligible if one of the following situations applies to you: 

    • Medical considerations: If you have substantial medical reasons for wishing to stay in the UK, you may be able to apply for discretionary leave to remain on the grounds that returning to your home country would breach your human rights under the ECHR
    • Other breaches of the ECHR: If returning you to your home country would breach the ECHR for reasons other than medical considerations, you may also be eligible to apply for discretionary leave to remain 
    • Exceptional circumstances: This may apply, for example, if you have exhausted all other routes to remaining but are able to demonstrate reasons why you have been unable to voluntarily leave the UK 
    • Modern Slavery- If you have been a victim of human trafficking or modern slavery, you may be eligible for discretionary leave to remain in the UK 

    Discretionary Leave to Remain on Medical Grounds

    One instance where discretionary leave might be granted is on medical grounds.

    This encompasses a variety of circumstances, but the most common may include (but not be limited to) the following:

    • The individual requires medical treatment in the UK that is not available in their home country
    • The individual may be subject to inhuman treatment if they were to leave the UK
    • The individual’s physical or mental health would be severely affected if they were to leave the UK

    Discretionary leave to remain on medical grounds directly relates to Article 3 of the ECHR, which refers to freedom from torture and inhuman or degrading treatment.

    In the context of discretionary leave to remain, denying an individual the chance for improvement or stabilisation of their medical condition, or incurring risk of relapse or degradation of health may be considered to be in violation of Article 3.

    In order to qualify for discretionary leave to remain on this basis, all applicants would have to show documentary evidence that there are strong, compelling reasons to support their staying in the UK.

    This may be evidence that they would suffer a serious decline in health or a reduction in life expectancy as a direct result of lack of access to appropriate medical treatment. Alternatively, it may be evidence that the applicant is at a critical stage of their illness and it would be considered inhuman to deprive them of their current medical care.

    Other Circumstances Where Discretionary Leave to Remain May be Granted

    In addition to medical grounds, there are a number of other circumstances where discretionary leave to remain may be justified.

    For instance, discretionary leave to remain may be granted if the applicant is at risk of being victim to modern slavery or human trafficking. In this instance, there must be significant evidence of a risk of the applicant being re-trafficked, or significant evidence that they would come into harm from those who might want to exploit the applicant.

    In addition, discretionary leave to remain may be granted in the following general circumstances:

    • To facilitate the care and welfare of unaccompanied asylum-seeking children
    • Asylum seekers who cannot be classed or categorised into any existing immigration policy
    • Other exceptional circumstances not already listed. In these instances, character, conduct, previous compliance with immigration rules and length of time spent in the UK will all be taken into account when ruling eligibility for discretionary leave to remain.

    It’s important to note that all discretionary leave to remain applications are judged on a case by case basis, and individual factors and circumstances will always influence the decision-making process.

    Breaches of the ECHR

    If removing you from the UK would create a real risk of breaching another right protected by the ECHR (other than Article 8 family and private life, which has its own policy), you may be considered for discretionary leave. 

    This may apply if your situation involves serious interference with an ECHR right that is not covered by refugee status or humanitarian protection but is still serious enough to justify a grant of leave. Decisions are made on a case-by-case basis, taking into account the severity and likelihood of the breach.

    Exceptional Circumstances

    In some cases, a person may not fit into any standard immigration category, but there are still strong, compassionate or compelling reasons why it would be wrong to require them to leave the UK. 

    Discretionary leave may be considered in exceptional situations, particularly where other relevant routes have been examined and found not to apply. When deciding whether to grant leave, the Home Office can take into account factors such as your character and conduct, how far you have complied with immigration laws, the length of time you have lived in the UK, and the strength of your ties here.

    Modern Slavery and Human Trafficking

    If you are a confirmed victim of modern slavery or human trafficking, you may be eligible for a period of leave to remain in the UK. For most cases decided on or after 30 January 2023, this protection is now mainly offered through the Temporary Permission to Stay (TPS) route set up by the Nationality and Borders Act 2022, instead of the usual discretionary leave. 

    Discretionary leave may still arise in some older or more complex cases, for example, where you received a positive conclusive grounds decision before that date or where there are additional human‑rights or exceptional factors. An adviser can help you work out whether TPS, discretionary leave, or another route is most appropriate in your circumstances.

    Unaccompanied Asylum‑Seeking Children

    Before 6 April 2013, unaccompanied asylum‑seeking children (UASCs) were often granted discretionary leave when they did not qualify for refugee status or humanitarian protection. Since that date, most such children are instead considered for a specific form of leave under paragraphs 352ZC to 352ZF of the Immigration Rules. 

    Discretionary leave may still be relevant in rare cases where a child is applying in their own right and has individual exceptional circumstances that fall outside those rules, or where there are additional human‑rights factors that justify leave.

    UK‑Born Children of Parents Granted Discretionary Leave

    If your child is born in the UK and neither parent is a British citizen, the child may be granted limited leave in line with the parent who holds discretionary leave so that the family’s immigration status remains consistent. 

    Where only one parent has discretionary leave, the Home Office will look at the position of the other parent and at the family’s overall situation before deciding what leave, if any, to grant the child. In all such decisions, the Home Office must take into account the best interests of the child as a primary consideration under Section 55 of the Borders, Citizenship and Immigration Act 2009.

    How Can I Apply for Discretionary Leave to Remain?

    You must apply for discretionary leave to remain online through the Gov.uk website. It must be made in the UK. The exact form you use can depend on the basis of your claim and whether you already hold discretionary leave:

    SituationForm to use
    Applying for discretionary leave for the first time on human rights or medical groundsFLR (HRO)
    Extending or renewing existing discretionary leaveFLR (DL)
    Making a standalone human rights claim (non‑asylum)FLR (FP) or FLR (HRO)

    As part of the application process, you must pay the application fee, the immigration health surcharge, and also make an appointment to give your biometrics information in order for you to receive a biometric residence permit.

    What Documents Will I Require for Discretionary Leave to Remain?

    The exact documents which you require will vary depending on your particular circumstances and on the nature of your application for discretionary leave. However, some variation of the following documents will generally be necessary: 

    • Valid ID 
    • Travel documents 
    • Proof of exceptional medical grounds for staying in the UK (if applicable) 
    • Proof that being returned to your home country would result in a breach to your human rights under the ECHR

    When applying for discretionary leave, it is essential that you prove that you have exceptional circumstances which justify the granting of leave to remain in the UK. If you are unable to provide sufficient evidence that your circumstances are exceptional, your application will not be successful. 

    What Are the Fees for Discretionary Leave to Remain?

    It costs £1,407 to apply for discretionary leave to remain.

    Note that you will also have to pay the immigration health surcharge as part of your application, which will be £1035 a year for applicants 18 or over, or £776 a year for applicants under 18.

    Discretionary Leave to Remain Processing Times

    Discretionary leave applications can take several months or more to be decided, especially if your situation is complex or if there is a backlog of cases. If the Home Office asks you for further information or documents, responding promptly and in full can help avoid unnecessary delays in processing your application.

    Get in touch with our immigration experts for help with your discretionary leave to remain application.

    What Can I Do With Discretionary Leave to Remain?

    Being granted discretionary leave to remain allows you to live in the UK for the period of your leave, work without a work restriction, and take up most forms of study. You will have access to public funds, including certain state benefits, but you will still be treated as having temporary, limited leave rather than permanent status. However, there are some important limitations to be aware of:

    • If you have limited discretionary leave, you are not eligible for higher education student finance under the current government regulations, even though you can attend university
    • A study condition applies to adult temporary migrants with a DL, and for some higher‑education courses in sensitive subjects, you must obtain an Academic Technology Approval Scheme (ATAS) clearance certificate before you can start your studies
    • Universities and colleges decide fee status under education rules, and not all institutions treat students with discretionary leave as “home” students, so your immigration status may mean you are charged international‑level tuition fees even if you have been living in the UK for some time

    How Long Does Discretionary Leave to Remain Last?

    Discretionary leave to remain is not normally granted for periods longer than 30 months (or two and a half years).

    However, the specific duration of leave granted will vary from case to case. For example, shorter or longer periods of leave may be granted if there are appropriate or strong compelling or compassionate reasons to justify it.

    In particular, longer periods of discretionary leave to remain may be appropriate if it’s in the best interests of a child.

    As such, it’s best not to assume or expect that you will be always granted leave under discretionary leave to remain standard length of 30 months, as individual factors and circumstances will heavily influence this decision.

    The exact duration of discretionary leave will depend on the circumstances of the applicant. However, it will not generally be granted for more than a period of 2 and a half years at once. In some cases, a shorter or longer period may be granted, if deemed appropriate.

    Note that, if you are granted discretionary leave on one occasion, it does not guarantee that you will be granted further leave once your original leave expires.

    Can Discretionary Leave to Remain Lead to Indefinite Leave to Remain?

    It is possible for an individual with discretionary leave to remain to successfully apply for indefinite leave to remain (ILR).

    You will need to have been in the UK for a minimum number of years before you can apply for ILR. This quota will depend on when you were first granted discretionary leave to remain.

    • If you were granted discretionary leave to remain on or after 9 July 2012, you will be able to apply for ILR if you’ve been in the UK for at least 10 continuous years.
    • If you were granted discretionary leave to remain on or before 8 July 2012, you will be able to apply for ILR if you’ve been in the UK for at least 6 continuous years.

    Note that you must apply for ILR no more than 28 days before your current discretionary leave to remain expires. In addition, time spent in prison with a criminal conviction will not count towards the minimum residency requirement, although leave accrued whilst waiting for a valid application may be considered.

    The Discretionary Leave to Remain 10 Year Route

    The 10-year discretionary leave route is the pathway to indefinite leave to remain (ILR) for people who were first granted discretionary leave on or after July 9, 2012. On this route, you are expected to build up a long period of residence with limited leave before you can ask the Home Office to grant you permanent settlement.

    Under this route, you must complete a continuous period of at least 10 years (120 months) of lawful limited leave in the UK before you can apply for ILR. This time must be spent living in the UK with valid leave and without interruptions that break your continuous residence, such as long periods without permission or significant gaps between grants of leave.

    You should apply to extend your discretionary leave on the correct form before your existing leave expires, so that your stay in the UK remains lawful and your residence continues to count towards the 10‑year period. If you apply after your leave has already expired, your application will be treated as out of time, which can create a gap in lawful residence and may affect both your immigration position and your ability to qualify for ILR on the discretionary leave route.

    Reaching the 10‑year qualifying period does not automatically guarantee ILR. You will still need to show that you meet the relevant suitability requirements (for example, in relation to criminality and immigration history), that your residence has been continuous and lawful throughout the qualifying period, and that you meet any other ILR requirements that apply at the time you apply.

    Is Discretionary Leave to Remain the Same as Indefinite Leave to Remain ?

    No, discretionary leave to remain is not the same as indefinite leave to remain. Whilst discretionary leave to remain generally allows stays of up to 2 and a half years, indefinite leave to remain allows you to settle permanently in the UK.

    Even if you are granted discretionary leave on one occasion, there is no guarantee that you will be granted further extensions, and you may eventually still be expected to leave the UK. This is not the case with indefinite leave to remain. However, discretionary leave to remain may provide a route to indefinite leave to remain, in some circumstances.

    Can Discretionary Leave be Withdrawn (Curtailed) Early?

    In some cases, the Home Office may choose to end (curtail) your discretionary leave earlier than the period which was originally granted. There are a number of circumstances in which this might occur, such as: 

    • If you engage in criminal activity 
    • If you are deemed to be a threat to national security 
    • If it is discovered that you initially entered the UK, or gained discretionary leave, via fraudulent means 
    • If there is a change in your circumstances such that the leave to remain in no longer necessary 

    In such cases, you will likely be expected to leave the UK.

    What If My Application to Extend My Discretionary Leave is Unsuccessful?

    Being granted initial discretionary leave to remain in the UK does not guarantee that future applications to extend your leave will be successful. However, you may still be eligible to remain in the UK under other routes. For instance, it may be deemed that you have grounds to remain in the UK on the basis of your human rights, due to reasons of private and family life, even if you do not otherwise satisfy the discretionary leave requirements. 

    However, the immigration rules surrounding the granting of further leave are highly dependent on the circumstances in question, and the decision is ultimately at the discretion of the Home Office. If your application to extend your discretionary leave has been unsuccessful, contact IAS today on +44 (0)330 057 3918 to learn more about why your application may have been unsuccessful and to receive advice on your next steps. 

    How Can IAS Help?

    Discretionary leave to remain is one way that the UK helps to process migrants and asylum seekers where other classifications of immigration rules cannot be applied.

    If you’re an individual seeking to stay in the UK through discretionary leave to remain, an asylum claim, or any other form of immigration permission, IAS can help.

    We are expert immigration lawyers who are well versed in handling a wide variety of UK immigration, asylum and leave to remain cases. Regardless of your personal situation, circumstances or issues, our team of friendly and professional legal advisers can work with you to get the result you’re looking for.

    Whether you need to apply for discretionary leave to remain on the basis of medical grounds, on behalf of an asylum-seeking child, or family or private life reasons under Article 8 reasons, we can help.

    For more information about the services we provide and how we can help you, reach out to a member of our team today. Call us on +44 (0)333 414 9244, or contact us online.

    We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.

    Table of Contents

    Table of Contents will appear here.
    Telephone Icon

    Get clear, professional guidance for your immigration case.

    Call us to discuss your case on +44 (0)333 414 9244.

    Frequently Asked Questions

    Yes, you can work and study. However, you are not eligible for higher‑education student finance, some degree‑level courses require ATAS clearance, and many universities will not treat you as a “home” student for tuition fees.

     

    If you have more than 6 months’ discretionary leave, you can travel and return while your leave is valid. If you have been in the UK for 6 months or less, your leave will lapse if you leave the UK, and long absences can also disrupt the continuous residence required for ILR.

    Yes. Discretionary leave to remain may be curtailed or revoked if:

    • There is evidence of criminality or the applicant poses a danger to national security
    • The applicant becomes subject to a deportation order
    • The discretionary leave to remain was obtained fraudulently, or deception was used in the application process

    Yes. It can be refused if you do not provide strong evidence of exceptional or compelling circumstances, if another immigration route is considered more appropriate, or if you fall under the general refusal grounds (such as criminality or deception). If refused, you may have appeal or review options depending on the type of decision.

    What our clients are saying

    Immigration Advice Service4.7
    Based on 2008 reviews
    Siddhartha Basu
    3 days ago
    Saima Jabeen was extremely helpful during my advice session. She gave clear guidance and followed up with a detailed advice letter. Farhine Chowdhury was assigned as my caseworker, and provided me expert support and advice throughout the process. I am pleased to have made use of IAS' services.
    Edoardo Vescovi
    4 days ago
    I could book a non-urgent appointment within 2 weeks. The person on the phone was very kind to go through multiple available dates with me and finalise the booking for the entire 5-10m. The person on the video-call was knowledgeable, highlighting points that I had overlooked, despite gathering and reflecting on my information for quite a while. I'm still using that advice today.
    I had a very good contact and their advice were clear.
    I highly recommend IAS. Thanks to Anne Liu who has been utterly professional yet a wealth of expertise. Always a polite and approachable case lawyer, with remarkable both customer service and efficient assistance in the whole process for a successful visa application.
    Ridley
    6 days ago
    Laura Christian has been very helpful in giving me advice and the information I needed. Immigration law is very strict and confusing, but this service breaks it down in manageable chunks and hiring them makes the application process a lot smoother and without too much stress.
    Mohammed Fhaid
    1 week ago
    I would like to thank Mark for taking the time to review my case and provide detailed legal advice. He was professional, respectful and took the time to explain the relevant immigration options and limitations clearly. I would also like to mention that my initial contact with IAS was with Nadeen Taylor. From the beginning, I explained that my main concern was not simply obtaining a Student visa, but finding a possible lawful way to leave Gaza and continue my studies in the UK. I specifically asked whether IAS could assist with this particular aspect of my situation, and I was reassured that this could be looked into. While the advice I ultimately received clarified a number of important points, I had hoped that the specific issue of possible evacuation from Gaza, including whether there might be an exceptional or alternative legal mechanism, could be explored further. Overall, I appreciate Mark’s professionalism and the time he spent considering my circumstances. I am grateful for the assistance provided and for the clarity of the advice I received.
    peter mccann
    1 week ago
    Very helpful and knowledgeable
    Eddie O'Neil
    2 weeks ago
    Highly recommend this service. My caseworker, Charlene Phillips, was very knowledgeable, professional & was able to answer all of our questions & put our minds at ease. She helped my partner & I with the guidance we needed to make a plan which would finally see us re-locate together.
    Noah Izadpanah
    2 weeks ago
    I am incredibly grateful to Clare for all the support and hard work she has given me throughout my asylum case. After everything I have been through, receiving my Visa was an incredibly emotional and unforgettable moment for me. Clare was always patient, supportive and understanding, and she stood by me throughout a very difficult period of my life. I truly appreciate all the time, effort and care she put into my case. Her support meant more to me than I can put into words, and I will never forget her kindness. Thank you so much, Clare, for everything you have done for me. ❤️
    David C
    2 weeks ago
    Ms Saimah Razzaq assisted me in successfully obtaining my wife's settlement, having helped on her prior visas also. She has always been professional, efficient and helpful in advising exactly what documents and other information is required that she then checks prior to finally submitting the application. She will answer any questions that you you may have, and gives feedback along the way. I can highly recommend Saimah to assist you.
    David Morley
    2 weeks ago
    Carina gave me great advice and guidance, really easy to talk to
    King Hashim
    2 weeks ago
    5/5 Stars — Exellant service "I cannot thank Saima Razzaq enough for all her hard work and support throughout our ILR application process. From start to finish she was professional, patient, and kept us updated every step of the way. We faced delays and extra checks due to being self-employed, which made the process longer and more stressful than expected. Saima was there through it all — giving clear advice, helping us chase things up, and guiding us on making formal complaints and claiming a refund when the service took far longer than promised. She fought our corner properly and never gave up. My husband has now had his application approved and we are absolutely over the moon. We couldn’t have got here without Saima’s help. If you need assistance with immigration applications, Saima Razzaq is the person to go to. Thank you so much!"
    C.M. Jacob
    2 weeks ago
    Han Wei was an incredible source of knowledge, support and expertise for my settlement application. I could not have acheived a positive outcome without her and her team
    Robert Scheer
    2 weeks ago
    I would like to say thank you so much for all your help and support. I couldn't have been happier with the outcome.
    Hilary LeFur
    2 weeks ago
    My immigration enquiry was rather unusual and complex. I spoke to Mark Rigby an Immigration Advice Lawyer who was patient, understanding and offered clear, detailed advice. A comprehensive explanation of future procedures required and associated fees was given. This conversation was helpful and reassuring.
    Adenike
    2 weeks ago
    Rachel was really attentive, calm and encouraging. She took the time to listen and explain everything clearly. I definitely recommend this service; it was worth the investment.
    Vanshika Agrawal
    3 weeks ago
    Working with Abdul on our spouse visa extension has been an absolute pleasure. He’s been incredibly professional and meticulous with our paperwork. He helped us navigate the complex process of visa extension and moved so quickly whenever we needed extra help - even drafting custom letters to prove my right to work and rent while we wait for the decision. His warm, collaborative approach made this process incredibly easy. I can't thank him enough and highly recommend him to anyone looking for a brilliant immigration lawyer!
    Ahmed Mansoor
    3 weeks ago
    I did my Spouse Visa Application inside the UK with the help of IAS and my case worker was Abdul Mutee who helped me throughout the process from documentation to the application and finally after the application I got a positive response from the home office.
    Nesrine Shalabi
    3 weeks ago
    My residency was renewed promptly and without glitches.
    My experience with IAS has been fabulous so far Laura Christian was very helpful in taking the time to research what my options were based on my needs and wants can’t recommend her enough
    Katende Moses
    3 weeks ago
    I appreciate the professional handling and advice by counsel Shazia Ershad and the Immigration advice service as a whole.
    Man Chung CHAU
    3 weeks ago
    Staff are nice, solicitors are reliable and helpful.
    Shazia Ershad, was very helpful and informative while she stayed very professional during the consultation.
    Sharlene Mulewa
    3 weeks ago
    "Saima Jabeen is absolutely amazing. She was so kind, patient, and made everything feel easier. I felt listened to and supported throughout. I can’t thank her enough. 5 stars ⭐⭐⭐⭐⭐"
    Josephine
    3 weeks ago
    I am so grateful to Immigration Lawyer Saimah Razzaq and the team at Immigration Advice Service (IAS) for helping me secure my ILR! From our very first consultation, they were professional, patient, and completely clear about what documents I needed. ILR applications can feel overwhelming, but Saimah Razzaq went through everything with incredible attention to detail and kept me updated at every step. Thanks to thier hard work and expertise, my application was approved immediately a day after my biometrics! I coudn't recommend them enough to anyone navigating the UK immigration system!

    We are the UK’s leading immigration specialists

    IAA Accredited UK Immigration lawyers

    We’ve had over 25,000 applications approved

    We are open Mon–Fri, 8:30am–8pm & Sat–Sun, 10am–4pm.

    How our UK Immigration Lawyers can help

    At the Immigration Advice Service our lawyers specialise in a wide range of UK visas, nationality and asylum applications and have represented clients in various successful complex and high-profile cases.

    Get in Touch

    Head Office:

    Immigration Advice Service
    Ashwood House, Ellen Street
    Oldham, OL9 6QR, United Kingdom

    Head Office Phone:

    +44 (0)333 414 9244

    We have over 12 offices across the world, find a branch near you.

    Call us now at +44 (0)333 414 9244 or request a call back using the form below.

      Subscribe

      Newsletter sign up

        In the news

        Get in touch with our team

        Learn about our professional services and find out how we can help.

        x

        • Leading immigration specialists
        • Over 25,000 approvals
        • Accredited immigration lawyers
        • Open 7 days a week
        X
        Call Us