Discretionary Leave to Remain

Discretionary Leave to Remain (DLR) is a form of immigration permission granted to individuals who do not meet the requirements of the Immigration Rules but who cannot be removed from the UK without breaching their human rights. Unlike standard immigration routes, DLR is granted at the discretion of the Secretary of State, only in exceptional circumstances, typically where removal from the UK would result in a breach of the UK’s obligations under the European Convention on Human Rights (ECHR) or international humanitarian protection responsibilities, and no alternative immigration route (under the Immigration Rules) is available.

DLR may be granted to a recognised victim if one of the following applies:

•  It is necessary because of their personal circumstances, such as ongoing serious medical needs or human rights grounds;
•  It is necessary to enable them to pursue compensation claims;
• They are cooperating with a criminal investigation or prosecution and their presence in the UK is necessary for that process;
• Removal would breach the UK’s obligations under the ECHR, typically under Article 4 (prohibition of slavery) or Article 8 (private and family life).

DLR may be granted on the basis of exceptional circumstances or compassionate grounds:

• Victims of domestic violence who do not qualify under Appendix Victim of Domestic Violence
• Individuals unable to leave due to war, natural disaster, or statelessness
• Persons with longstanding residence and integration but irregular status
• Parents of British citizen children facing removal where no safe return is viable

In exceptional medical cases, where removal would lead to a real risk of inhuman or degrading treatment, such as the person is diagnosed of a terminal illness where palliative care is unavailable in their home country, or the risk of mental health deterioration amounts to a breach of Article 3. However, these are very high threshold cases.

In most cases, individuals granted DLR can apply for settlement after completing a continuous 10-year period of lawful residence in the UK. Each grant of leave must be renewed before expiry, and any gap in lawful status may break the 10-year clock. 

At Angelov Solicitors, we provide expert advice and representation for individuals seeking to remain in the UK on discretionary grounds. We also assist with renewals, settlement applications, and challenging refusals. Our team has experience handling sensitive and complex cases, including cases involving human rights issues, medical conditions, and protection-based claim.

If you believe you may qualify for Discretionary Leave to Remain or would like to understand your options, please contact us for a confidential consultation.