Discretionary leave to remain

Insights

21st Jan 2025

Discretionary Leave to Remain (DLR) is a form of immigration status granted by the Home Office outside the standard Immigration Rules. It provides individuals with temporary permission to stay in the UK when they don't qualify under other immigration categories but have compelling circumstances that merit consideration.

Who May Be Eligible?

DLR may be granted in various situations, including:

Cases involving medical conditions where removal would breach Article 3 ECHR
Human trafficking or modern slavery victims who don't qualify for other leave
Unaccompanied asylum-seeking children who don't qualify for refugee status
Other exceptional circumstances where humanitarian protection isn't applicable
Cases involving Article 8 ECHR (right to private and family life) considerations

Duration and conditions

DLR is typically granted for a maximum of 30 months initially. The exact duration depends on individual circumstances and the Home Office's discretion. During this period, holders usually have :-

Permission to work
Access to public funds (though this may be restricted)
Ability to study
Right to rent property
Access to NHS healthcare

Extending Your stay

After your initial period of DLR, you may be eligible to apply for an extension. The Home Office will reassess your circumstances to determine if the reasons for granting DLR still apply. Generally, you should apply before your current leave expires to maintain your lawful status in the UK.

Settlement considerations

Unlike some immigration routes, DLR doesn't automatically lead to settlement (Indefinite Leave to Remain). However, after completing 10 years of continuous lawful residence, you may be eligible to apply for settlement under the long residence route, provided you meet the other eligibility criteria.