DISCRETIONARY LEAVE — CURRENT UK GUIDANCE

Discretionary Leave to Remain Solicitors

Discretionary Leave (DL) is permission granted outside the Immigration Rules in limited, exceptional or compassionate cases. It is used sparingly and cannot be applied for from outside the UK. It is not the correct route where a person qualifies for asylum, humanitarian protection, family or private life permission, or another route under the Immigration Rules.

NA Law Solicitors can assess whether Discretionary Leave is the correct legal framework, identify any stronger route under the Rules, and prepare evidence for an initial, further-leave or settlement application where appropriate.

When may Discretionary Leave be relevant?

The Home Office considers the individual facts and supporting evidence. Current policy is intended for a small number of cases where removal would be unjustifiably harsh because of exceptional compassionate circumstances, but no route under the Immigration Rules or separate Article 8 leave-outside-the-Rules policy applies.

Issues that may require assessment include:

• serious medical circumstances raised in a protection claim where asylum or humanitarian protection is refused;
• exceptional compassionate circumstances following a protection claim;
• certain modern-slavery or trafficking situations where another form of permission does not apply;
• exceptional cases involving criminality or exclusion, subject to the restricted-leave and suitability policies; and
• further leave where the circumstances that led to an earlier DL grant continue.

This list is not a checklist for eligibility. The correct route must be identified before an application is made because the Home Office should not grant DL where the person qualifies under the Rules or under another applicable policy.

What evidence is needed?

The evidence depends on why the person says removal would be unjustifiably harsh. A properly prepared case will usually need a clear chronology, immigration history, explanation of why other routes do not apply, and objective evidence addressing each exceptional circumstance relied on.

Depending on the case, that may include:

• medical reports that address diagnosis, treatment, prognosis and the practical consequences of return;
• evidence of care, dependency, vulnerability or safeguarding needs;
• country and treatment evidence from reliable sources;
• modern-slavery decisions and evidence relevant to recovery, police cooperation or compensation proceedings;
• previous Home Office decisions and the evidence underlying an earlier grant; and
• evidence explaining any criminality, conduct or suitability issue.

How long is Discretionary Leave granted for?

The period is decided on the individual facts. Home Office guidance says that 30 months will generally be appropriate, but a shorter or longer period may be granted where the evidence justifies it. A grant does not automatically create a right to further leave or settlement.

A further-leave application must show that the person continues to meet the policy in force at the date of decision. It should be prepared before the existing permission expires.

Can Discretionary Leave lead to settlement?

For a person first granted DL on or after 9 July 2012, settlement is normally considered after a continuous period of 120 months (10 years) of limited leave, provided the person continues to qualify and the suitability requirements are met. Separate transitional arrangements apply to people first granted DL before 9 July 2012.

Settlement is not automatic. Current Home Office guidance must be checked for the individual case, particularly where transitional arrangements, criminality or an earlier period of Leave Outside the Rules is involved.

Can a person with Discretionary Leave work, study or claim benefits?

Current Home Office policy states that a person granted DL has recourse to public funds and no prohibition on work, and may enter higher education. Separate eligibility rules govern student finance, and an ATAS condition can apply to study in specified sensitive subjects.

How NA Law Solicitors can help

1. Route assessment: identify whether DL, a route under the Immigration Rules, a protection claim or Article 8 leave is the correct framework.
2. Evidence plan: identify the documents and expert evidence needed to prove the exceptional circumstances.
3. Application preparation: prepare the application, representations and indexed supporting evidence within the agreed scope.
4. Further leave or settlement: assess continuity, continuing eligibility, suitability and any transitional issue before filing.

Frequently asked questions

Can I apply for Discretionary Leave from abroad?

No. The Home Office DL policy applies to cases from within the UK.

Is Discretionary Leave the same as a private-life application?

No. Appendix Private Life is a route under the Immigration Rules. DL is outside the Rules and should not be used where permission is available under the family or private-life rules or the separate Article 8 policy.

Does a previous grant guarantee an extension?

No. The Home Office considers whether the person continues to meet the current policy and whether any suitability issue applies.

Can Discretionary Leave be granted for more than 30 months?

Potentially, but the evidence must justify departure from the usual period. The decision is fact-specific.

Need advice on an exceptional or compassionate immigration case? Call 0203 524 5439 or use the enquiry form to arrange a confidential assessment.

Authoritative guidance

• Home Office: Discretionary Leave guidance
• Immigration Rules: Appendix Private Life
• Home Office: family life, private life and exceptional circumstances

Last reviewed: August 2026. General information only; the correct route and evidence depend on the individual facts and current Home Office policy.