Discretionary Leave to Remain (DLR) is a type of temporary permission to stay in the UK, granted outside the usual immigration rules. It’s designed for individuals who don’t qualify for traditional visas but have compelling personal circumstances that justify remaining in the UK. Here’s a comprehensive guide to understanding Discretionary Leave to Remain, including eligibility criteria, application steps, and renewal options.
1. What is Discretionary Leave to Remain?
Discretionary Leave to Remain (DLR) is a form of temporary leave granted to individuals who don’t meet the standard requirements of other visa categories but have strong reasons to remain in the UK. DLR is typically given to protect the applicant’s rights or those of their family under human rights law.
Key Characteristics:
- Granted Outside Immigration Rules: DLR is issued at the discretion of the Home Office, usually on compassionate or exceptional grounds.
- Temporary Residence: Typically granted for 30 months (2.5 years) but can vary based on individual cases.
- Not a Permanent Status: It is temporary leave, though it may lead to Indefinite Leave to Remain (ILR) over time.
DLR offers an alternative to individuals with no other legal pathway to remain in the UK, particularly if returning to their home country would violate their human rights.
2. Who is Eligible for Discretionary Leave to Remain?
DLR is granted on a case-by-case basis, often to individuals who can demonstrate unique or compelling circumstances. Common eligibility grounds include:
- Human Rights Violations: Applicants who would face risks or hardship in their home country, such as persecution, serious harm, or lack of access to medical care.
- Family Life in the UK: Individuals with strong family ties in the UK, particularly if they are the primary carer of a British citizen child or partner.
- Best Interests of the Child: Parents or guardians of children who are well-integrated into the UK and would face significant disruption if forced to leave.
- Exceptional or Compelling Circumstances: Situations where deporting the individual would be harsh or unreasonable due to their personal or health circumstances.
DLR is typically considered when an applicant doesn’t meet the specific criteria for other visas but has strong humanitarian grounds.
3. Key Differences Between Discretionary Leave and Other Types of Leave
Unlike most UK visas or types of leave, Discretionary Leave to Remain:
- Is Granted Outside Normal Immigration Rules: Other visas have clear criteria, while DLR relies on discretionary decision-making by the Home Office.
- Does Not Lead Directly to Permanent Residency: DLR does not immediately grant Indefinite Leave to Remain (ILR), but recipients may become eligible for ILR after several years.
- Is Temporary and Reviewed Regularly: DLR recipients must renew their leave periodically, showing that their circumstances have not changed.
Understanding these distinctions helps clarify how DLR differs from other immigration statuses.
4. Application Process for Discretionary Leave to Remain
Applying for DLR is complex and may require substantial documentation. If you believe you may qualify, here are the main steps to follow:
Step-by-Step Application Guide:
- Gather Evidence: Collect documents that support your case for DLR, such as medical records, proof of family ties, or evidence of hardship in your home country.
- Complete the Application Form: DLR is usually applied for through the FLR (O) form for further leave to remain outside immigration rules.
- Submit Supporting Documents: Include any relevant evidence such as human rights assessments, medical records, or family documents.
- Pay the Application Fee and Health Surcharge: Application fees and the Immigration Health Surcharge (IHS) must be paid as part of the process.
- Await Decision: Processing times vary based on individual cases, as each application is reviewed thoroughly.
DLR applications are complex and often require expert assistance, such as from an immigration lawyer or advisor, due to the discretionary nature of this type of leave.
5. Renewal of Discretionary Leave to Remain
If you hold DLR, you must apply to renew it before your current leave expires. Renewal applications will evaluate whether your original circumstances still apply and if continued leave is necessary.
Renewal Process:
- Apply Before Expiry: Submit your application for renewal before your existing leave expires.
- Provide Updated Evidence: You must demonstrate that your circumstances have not changed or justify why DLR should be extended.
- Processing Time: Renewals can take several months, so apply well in advance to avoid overstaying.
Each renewal is assessed on an individual basis, considering whether DLR remains the most appropriate form of leave.
6. Pathway to Indefinite Leave to Remain (ILR) for DLR Holders
While DLR does not directly lead to ILR, it may serve as a pathway to permanent residency over time. Eligibility for ILR depends on the length of time you have held DLR.
Key Points for ILR Eligibility:
- 10-Year Route: DLR holders typically become eligible for ILR after 10 years of continuous residence under DLR.
- 5-Year Route: In exceptional cases, DLR holders may qualify for ILR after five years, such as those based on specific human rights grounds or as part of a prior DLR grant under pre-2012 rules.
- Application Process: The ILR application requires proof of continuous residence, financial independence, and English language skills.
Gaining ILR offers permanent residency, allowing DLR holders to live in the UK indefinitely without regular renewals.
7. Frequently Asked Questions (FAQs)
1. What is Discretionary Leave to Remain in the UK?
DLR is a temporary form of leave granted outside standard immigration rules for individuals with compelling personal circumstances that justify staying in the UK.
2. How long is Discretionary Leave to Remain valid?
It is typically granted for 30 months (2.5 years), but the duration may vary depending on the individual case.
3. Can DLR lead to permanent residency in the UK?
Yes, DLR can lead to Indefinite Leave to Remain (ILR) after 10 years of continuous residence, or sometimes sooner in exceptional cases.
4. What circumstances qualify for Discretionary Leave to Remain?
Human rights concerns, family ties, best interests of a child, and exceptional circumstances are common grounds for DLR.
5. Do I need a lawyer to apply for DLR?
While not required, consulting an immigration lawyer is advisable due to the complex and discretionary nature of DLR applications.
6. Can Discretionary Leave to Remain be renewed?
Yes, DLR can be renewed, and applications for renewal must be submitted before the current leave expires, with updated evidence as needed.