UK immigration rule has been designed to accommodate most of the applicants seeking leave to remain in the UK. However, there are certain circumstances where the UKVI caseworkers have to use their discretion to grant leave to remain even though an applicant does not meet the immigration requirements. This is known as leaving outside the rules (LOTR).
LOTR can be used in specific circumstances where there is compassionate, compelling, or exceptional grounds are applicable. For example: it could be unjustifiable to deny the applicant leave to remain. It can be unjustifiable if removing an applicant from the UK could result in extremely harsh consequences for the applicant or their family in their own country of residence.
LOTR is, therefore, the term used to allow applicants leave to remain where applicants do not have any relevant rules under which they can submit an application to meet the requirements, including decisions in relation to entry clearance, leave to remain, and indefinite leave to remain applications on a number of different, but extremely limited, discretionary grounds.
Discretionary leave to remain outside the rules cannot be granted where an individual qualifies for leave under the Immigration Rules or for Leave outside the Rules (LOTR) for Article 8 reasons. It only applies to those who provide evidence of exceptional compassionate circumstances or there are other compelling reasons to grant leave on a discretionary basis.
Medical reasons apply to asylum and non-asylum cases. Non-asylum medical cases must apply on the application form claimants must apply for permission to stay in the UK based on human rights grounds for medical reasons outside the immigration rules.
From 30 January 2023, when it comes to modern slavery cases, only victims of slavery who have been conclusively recognized as such by the National Referral Mechanism may be eligible for discretionary leave. However, LOTR will not apply solely because an applicant has been identified as a victim of modern slavery or trafficking servitude and forced and compulsory labor who is conclusively recognized as such by the National Referral Mechanism (NRM). They must also meet the requirements under Appendix: Temporary Permission to Stay for Victims of Human Trafficking or Slavery (VTS).
What you can and cannot do on LOTR depends on the nature and extent of the permission granted by the UKVI’s discretion.
LOTR allows applicants to enter or remain in the UK, study, and work in the UK, and access public funds. However, in some cases, the applicant can be prohibited from studying or working in the UK and accessing public funds.
In most cases, LOTR is allowed for a 30-month stay in the UK. UKVI reviews the situation for this duration. UKVI can extend leave beyond 30 months only if exceptional evidence is presented justifying a longer stay in the UK.
Should you wish to apply for leave outside the rules, please contact visa and migration ltd on 02034111261 and one of our lawyers will discuss your circumstances.
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