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.
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.
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.
Dates, previous grants, current circumstances and updated documents should agree.
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.
A person already granted Discretionary Leave may need to apply for further permission or, where eligible, settlement before their current leave expires.
Serious medical or welfare circumstances may require assessment where the person does not qualify for protection or another route under the Immigration Rules.
In rare cases, compelling circumstances involving protected rights other than family or private life may need consideration outside the ordinary routes.
Exceptional factors may arise after an asylum refusal, further submissions or a review of removal, but a failed claim alone does not establish eligibility.
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.
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.
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.
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.
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.
Previous applications, refusals, further submissions, criminal matters, compliance and any change in circumstances can affect whether further leave or settlement is appropriate.
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.
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.
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.
Previous grants, refusals, further submissions, appeal outcomes, periods of leave, travel and any late application should be set out accurately and in date order.
Criminality, conduct, compliance, identity and document issues must be disclosed. Evidence should be complete, current and consistent with the application form.
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.
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.
The documents required depend on the reason for the application and the applicant’s history. These groups provide a practical starting structure.
Confirm identity, current permission, the basis of any earlier grant and the sequence of relevant immigration decisions.
Prepare an updated account explaining the exceptional or compassionate circumstances, when they began, how they have developed and why they continue.
Support medical, psychological, safeguarding, care or other welfare issues with current evidence from appropriate professionals and organisations.
Provide a complete record of applications, decisions, compliance, conduct and any material change since the earlier grant or claim.
Evidence should be complete and readable. Documents not in English or Welsh may require an appropriate certified translation.
A structured process helps keep the application form, previous decisions, current explanation, immigration history and supporting evidence consistent throughout the case.
Review the reason for the earlier grant or current request, the expiry date, any changed circumstances, alternative immigration routes and issues requiring urgent attention.
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.
Complete the form using information that agrees with the grant letters, chronology, medical or welfare records, immigration history and any suitability evidence.
Follow the instructions issued after submission for biometrics, identity verification, document upload and any request for further information or interview.
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.
The form, fee or fee-waiver process, biometric arrangements, document submission and further-information requirements depend on the type and history of the application.
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.
Prepare a short summary of the current leave, expiry date, reason for the grant, changes in circumstances, previous applications and evidence available.
Start Your EnquiryNo. Discretionary Leave applies to asylum and non-asylum cases considered from within the United Kingdom and cannot be applied for from abroad.
Review the current Home Office Discretionary Leave guidance before relying on the policy.
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.
Related protection matters are explained on the Asylum and Human Rights Applications page .
A person who may qualify through family or private life should instead review the relevant private and family life application route .
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.
Review the current duration guidance before relying on a particular period.
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.
Review the Indefinite Leave to Remain guidance and the current GOV.UK settlement eligibility page .
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.