The UK immigration system offers various types of leave, one of which is Discretionary Leave to Remain (DLR). Unlike other forms of immigration leave such as asylum or family reunification, DLR is granted at the discretion of the Home Office, based on an individual’s specific circumstances. In this post, we will explore what Discretionary Leave to Remain is, how it works, and the key factors considered when applying for it.
Discretionary Leave to Remain is a form of immigration status that allows individuals to stay in the UK when they do not meet the criteria for other types of leave. It is typically granted on humanitarian grounds or when the individual’s removal from the UK would breach their human rights under the European Convention on Human Rights (ECHR).
DLR is not a routine form of leave and is granted only in exceptional cases. This status can be granted to people who have not been granted asylum or do not qualify for another specific visa category but still have compelling reasons for staying in the UK.
There are no specific criteria for DLR, as each application is considered on a case-by-case basis. However, certain circumstances may lead to approval, such as:
Medical Reasons: If returning to your home country would significantly impact your health or well-being, you may be considered for DLR.
Family Ties: Strong family ties in the UK, particularly if you have children or other dependent relatives who are UK residents.
Humanitarian Grounds: If your return to your country would cause extreme hardship or put you at risk, DLR may be granted.
Discretionary Leave to Remain is typically granted for a period of 30 months (2.5 years), but the duration can vary depending on individual circumstances. After three periods of DLR, equating to six years, individuals may be eligible to apply for Indefinite Leave to Remain (ILR), which allows permanent residence in the UK.
The application process for DLR involves a detailed submission explaining why your situation warrants exceptional consideration. It is essential to provide thorough evidence to support your claim, including medical reports, family ties documentation, or any relevant humanitarian concerns.
It’s important to be aware that obtaining Discretionary Leave to Remain UK is not guaranteed, and each application is considered carefully by the Home Office. Therefore, ensuring that your application is strong and well-documented can significantly improve your chances.
Discretionary Leave to Remain is a vital option for individuals in unique or vulnerable situations, offering them the opportunity to continue their lives in the UK. While the process can be complex and challenging, understanding the eligibility criteria and ensuring a comprehensive application can make a substantial difference in securing this form of leave.