Discretionary Leave Applications in the UK
for limited and exceptional circumstances
Discretionary Leave may be considered in limited in-country
cases involving exceptional or compassionate circumstances.
Review the original grant or present request, expiry date,
immigration history, alternative routes and current supporting
evidence before applying for further permission or settlement.
The original decision, current circumstances, immigration record and supporting evidence should form one consistent account.
Route Overview
How Discretionary Leave
works in the United Kingdom
Discretionary Leave is permission granted outside the
Immigration Rules in limited cases where exceptional or
compassionate circumstances justify allowing a person to
remain in the United Kingdom.
It should not be relied on where the person qualifies under
the Immigration Rules, for asylum or humanitarian protection,
through family or private life provisions or under another
relevant leave-outside-the-Rules policy.
The correct procedure depends on whether the case concerns an
initial consideration, further permission following an earlier
grant or settlement after the applicable qualifying period.
Identify the basis of the original grant or current request
Confirm whether the exceptional circumstances still continue
Check the correct application form, timing and evidence
Connect the original decision to the current position
Dates, previous grants, current circumstances and updated documents should agree.
Route Snapshot
Situations that may require careful review
These categories provide a general overview only. Discretionary Leave is used sparingly and the correct route depends on the individual facts, earlier decisions and any other immigration option available.
01
Existing Discretionary Leave
A person already granted Discretionary Leave may need to apply for further permission or, where eligible, settlement before their current leave expires.
02
Exceptional medical circumstances
Serious medical or welfare circumstances may require assessment where the person does not qualify for protection or another route under the Immigration Rules.
03
Other compelling human rights factors
In rare cases, compelling circumstances involving protected rights other than family or private life may need consideration outside the ordinary routes.
04
Post-asylum exceptional circumstances
Exceptional factors may arise after an asylum refusal, further submissions or a review of removal, but a failed claim alone does not establish eligibility.
Important Route Check
Discretionary Leave or another immigration route?
Discretionary Leave is not an alternative for someone who simply falls short of the requirements of a visa or settlement route. The ordinary immigration route should be used where its requirements can be met.
Protection claims, family or private life applications and leave outside the Rules on other grounds each have their own tests and procedures, so the correct basis should be identified first.
Discretionary Leave eligibility
and application-route considerations
Eligibility depends on the exceptional or compassionate
circumstances relied on, the reason for any previous grant,
whether another immigration route applies, the applicant’s
current position and their complete procedural history.
01
Current or previous Discretionary Leave
A person with an existing grant should show the reason for that decision, the current expiry date and why the circumstances supporting leave continue at the time of the new application.
Review the grant letter, conditions and expiry date
02
Exceptional and compassionate circumstances
The circumstances relied on must be individual, compelling and supported by evidence. A preference to remain in the UK or a near miss under another route is not normally enough.
Explain the circumstances and their practical effect
03
No qualifying alternative route
Discretionary Leave should not be granted where the person qualifies for asylum, humanitarian protection, family or private life permission, or another route under the Immigration Rules.
Check all ordinary routes before relying on discretion
04
Suitability and procedural history
Previous applications, refusals, further submissions, criminal matters, compliance and any change in circumstances can affect whether further leave or settlement is appropriate.
Disclose decisions, conduct and current circumstances
Main Requirements
Requirements for a
Discretionary Leave application
The application should identify the precise policy basis and
explain why the current exceptional or compassionate
circumstances justify permission outside the ordinary
Immigration Rules.
The assessment may involve the original grant, current
circumstances, alternative immigration routes, application
timing, suitability requirements and the evidence available
at the date of decision.
01
Correct policy basis
The application should explain why the case is not covered by asylum, humanitarian protection, family or private life provisions, another Immigration Rules route or a different leave-outside-the-Rules policy.
ReviewDiscretionary Leave policy, alternative routes and form
02
Continuing exceptional circumstances
The factors that led to the earlier grant or support the current request should still exist and should be explained through an updated account supported by current records.
ReviewOriginal reasons, present facts and expected duration
03
Immigration and procedural history
Previous grants, refusals, further submissions, appeal outcomes, periods of leave, travel and any late application should be set out accurately and in date order.
ReviewGrants, refusals, expiry dates and application timing
04
Suitability and current evidence
Criminality, conduct, compliance, identity and document issues must be disclosed. Evidence should be complete, current and consistent with the application form.
ReviewConduct, identity, documents and updated circumstances
Discretionary Leave requires an individual assessment
The original reason for leave, any change in circumstances, alternative immigration routes, suitability and the evidence available can affect whether further permission or settlement is granted.
Supporting Evidence
Evidence for a Discretionary Leave application
should support one consistent account
Evidence should establish identity and immigration history,
explain the original or present exceptional circumstances and
show why those circumstances remain relevant at the date of
the application.
Check the chronology before submissionNames, dates, grants, expiry dates and current circumstances should agree across the evidence.
Evidence Groups
Organise documents by purpose
The documents required depend on the reason for the application and the applicant’s history. These groups provide a practical starting structure.
01
Identity, status and previous decisions
Confirm identity, current permission, the basis of any earlier grant and the sequence of relevant immigration decisions.
Passports, identity records and current eVisa information
Grant letters, decision notices and conditions of leave
Previous applications, refusals, appeals and correspondence
02
Exceptional circumstances and chronology
Prepare an updated account explaining the exceptional or compassionate circumstances, when they began, how they have developed and why they continue.
A clear statement arranged in chronological order
Evidence showing the practical impact of the circumstances
Records explaining changes, gaps or apparent inconsistencies
03
Medical, welfare and professional evidence
Support medical, psychological, safeguarding, care or other welfare issues with current evidence from appropriate professionals and organisations.
Medical or psychological reports and treatment records
Care, safeguarding, social-services or support evidence
Evidence about access to treatment, support or practical alternatives
04
Application history, suitability and updates
Provide a complete record of applications, decisions, compliance, conduct and any material change since the earlier grant or claim.
Application and travel history with important dates
Evidence addressing criminality, conduct or compliance where relevant
Updated records showing whether the original circumstances continue
Review translations and document quality
Evidence should be complete and readable. Documents not in English or Welsh may require an appropriate certified translation.
Application Process
Discretionary Leave application process
from initial review to decision
A structured process helps keep the application form, previous
decisions, current explanation, immigration history and
supporting evidence consistent throughout the case.
Confirm the correct policy and application form
Review the current explanation and evidence together
Keep copies of forms, documents and correspondence
Confirm the basis, current leave and application timing
Review the reason for the earlier grant or current request, the expiry date, any changed circumstances, alternative immigration routes and issues requiring urgent attention.
02
Application Route
Select the correct online application process
FLR(DL) is used where a person was refused asylum but granted
Discretionary Leave. Other human-rights or leave-outside-the-
Rules applications may require FLR(HRO), while family or
private-life cases normally use the relevant separate route.
03
Evidence Preparation
Prepare the updated account and supporting material
Complete the form using information that agrees with the grant letters, chronology, medical or welfare records, immigration history and any suitability evidence.
04
Identity and Document Stage
Complete identity checks and provide the documents
Follow the instructions issued after submission for biometrics, identity verification, document upload and any request for further information or interview.
05
Decision
Keep the application record and review the outcome
Review the decision carefully, including the period and conditions
of leave granted, any reasons provided and the effect on future
applications. If the application is refused, review the reasons
and any available challenge or alternative immigration route promptly.
Follow the instructions issued for the individual application
The form, fee or fee-waiver process, biometric arrangements, document submission and further-information requirements depend on the type and history of the application.
Common Questions
Discretionary Leave
frequently asked questions
General answers about Discretionary Leave eligibility,
applications from within the UK, grant periods, work, public
funds, further permission and settlement.
These answers provide a general introduction. The correct position will depend on the original grant or claim, current circumstances, immigration history and the policy applying at the date of decision.
Individual Circumstances
Need a more specific review?
Prepare a short summary of the current leave, expiry date, reason for the grant, changes in circumstances, previous applications and evidence available.
No. Refugee status and humanitarian protection are separate
protection outcomes. Discretionary Leave is a policy-based grant
outside the Immigration Rules for limited exceptional or
compassionate circumstances where those protection routes and
other qualifying routes do not apply.
The period depends on the individual facts. Current Home Office
guidance says Discretionary Leave should not normally be granted
for more than 30 months at a time, although shorter or longer
periods may be appropriate in particular circumstances.
Current Home Office policy states that people granted Discretionary Leave have recourse to public funds, are not prohibited from working and may enter higher education, subject to any conditions and separate funding rules.
No. Further permission and settlement are not automatic.
A person first granted Discretionary Leave on or after
9 July 2012 will normally become eligible to apply after
completing 10 years of continuous limited leave.
A person first granted Discretionary Leave on or before
8 July 2012 may fall under different transitional arrangements,
including a normal six-year qualifying period. The applicant
must still satisfy the policy, suitability and settlement
requirements applying at the date of decision.
Discuss your Discretionary Leave application
before deciding how to proceed
Discuss the original grant or current request, expiry date,
continuing exceptional circumstances, immigration history,
alternative routes, supporting evidence and the procedure that
may apply before moving forward.
