Discretionary Leave To Remain (DLR) – how to apply & requirements
Discretionary Leave to Remain (DLR) is granted by the Home Office in the UK to individuals who do not qualify for leave under the Immigration Rules but have compelling circumstances that warrant them being allowed to stay in the country.
The Secretary of State has the power to grant leave on a discretionary basis outside the Rules from her residual discretion under the Immigration Act 1971. Applications for DL cannot be made from outside the UK. You can apply for Discretionary Leave to Remain (DLR) to the Home Office UKVI on the basis of exceptional and compassionate circumstances. The Discretionary Leave (DL) applies in both asylum and non-asylum cases applying from within the UK.
How to Apply for Discretionary Leave to Remain:
- Complete the appropriate form: You will need to submit an application using the appropriate form, usually FLR (O), FLR (DL) or another form depending on the specific grounds for your request. The forms can be found on the UK Government’s website.
- Submit supporting documents: Along with the form, you need to provide detailed evidence to support your claim. This may include:
- Proof of your current immigration status
- Evidence of family life in the UK (such as marriage certificates or proof of children in school)
- Medical records if you have serious health issues
- Letters from support organisations, medical professionals, or others that can provide evidence of your personal circumstances
- Pay the fee: The application fee must be paid when submitting your application. If applying on human rights grounds, you may be eligible for a fee waiver if you cannot afford to pay.
- Submit biometric information: You may be required to provide your fingerprints and a photograph as part of the application process.
- Wait for a decision: Processing times for DLR applications vary. You may also be invited for an interview or asked to provide additional information.
Requirements for Discretionary Leave to Remain:
- Exceptional Circumstances: You must demonstrate that your situation is unique or exceptional, which may include:
- Serious health issues that cannot be treated in your home country
- Long-term relationships or family ties in the UK, especially if children are involved
- Risk of persecution or harm if you return to your home country
- Significant integration into UK society
- Human Rights Grounds: Applications often centre around Article 8 of the European Convention on Human Rights (right to private and family life). You must show that leaving the UK would disproportionately interfere with your rights or those of your family.
- Best Interests of Children: If children are involved, the Home Office will consider their best interests, especially if they have been living in the UK for a significant period or are well integrated into society.
Length of Leave and Conditions:
If successful, Discretionary Leave to Remain is typically granted for up to 30 months, after which you will need to apply for further leave. You may eventually be eligible for Indefinite Leave to Remain (ILR) after 10 years of continuous residence on DLR.
Holders of DLR usually have the right to work and study in the UK, but access to public funds may be restricted unless otherwise specified in the grant of leave.
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Discretionary Leave to Remain: Frequently Asked Questions (FAQs)
What is Discretionary Leave to Remain (DLR)?
Discretionary Leave to Remain is a form of permission to stay in the UK granted outside the normal immigration rules. It is typically given in exceptional circumstances where someone does not meet the standard criteria for other visa categories but where there are compelling reasons to allow them to remain in the country.
Who is eligible for Discretionary Leave to Remain?
Eligibility for DLR is considered on a case-by-case basis. Individuals who may qualify include those with human rights claims (such as Article 8 – right to private and family life), individuals with serious health issues, and those facing circumstances that could lead to significant hardship if returned to their home country.
How long is Discretionary Leave to Remain granted for?
DLR is typically granted for a period of 30 months (2.5 years) but can vary depending on individual circumstances. After completing 10 years on DLR, you may be eligible to apply for Indefinite Leave to Remain (ILR).
Can I work or study on Discretionary Leave to Remain?
Yes, individuals with Discretionary Leave to Remain are generally permitted to work and study in the UK. The terms of your leave will specify any conditions or restrictions.
Can I access public funds on Discretionary Leave to Remain?
In many cases, individuals granted DLR will not have access to public funds (such as benefits). However, in some cases, especially where there are children or vulnerable individuals involved, this restriction may be lifted.
Can I apply for Indefinite Leave to Remain after holding Discretionary Leave to Remain?
Yes, after 10 years of continuous residence on Discretionary Leave, you may apply for Indefinite Leave to Remain (ILR). The qualifying period may vary in certain circumstances, such as if DLR was granted on a different basis.
How do I apply for Discretionary Leave to Remain?
You will need to submit an application to the Home Office, along with supporting documentation that demonstrates why you qualify for DLR. It is highly recommended that you seek legal advice to ensure the best possible outcome for your application.
What happens if my application for Discretionary Leave to Remain is refused?
If your DLR application is refused, you may be able to appeal the decision or apply for an administrative review. It is important to seek legal advice if you find yourself in this situation.
Can I switch from another visa category to Discretionary Leave to Remain?
In certain circumstances, you may be able to switch to DLR from another visa category, especially if there are compelling reasons not covered by the visa you currently hold. Legal advice should be sought to determine whether switching is possible in your case.
