You have to apply for a valid visa to enter or stay in the UK, and only if you meet the eligibility criteria for that visa do you get permission to enter and stay in the UK. But what if you are unable to meet any of the visa requirements? There is a provision in such a case that the UKVI can use its discretion to see whether you can be permitted to enter and stay in the UK or not. In such a case, UKVI can use its discretion and allow you to Leave Outside the Rules (LOTR) status.
LOTR is an immigration status that applies in rare cases to visa applicants who do not meet the visa requirements but have compelling and exceptional reasons, such as humanitarian, medical, or compassionate reasons, why it would be very unjustifiable on the part of UKVI to ask them to leave or deport from the UK.
LOTR is not given to everyone, and the UKVI assesses it on a case-to-case basis using its own discretion.
Leave outside the rule is an immigration status that can be granted to an applicant only if there are exceptional and compelling reasons. LOTR is a provision that allows applicants to remain in the UK if they do not meet immigration rules but have an exceptional, compassionate, or compelling reason for their case, which justifies granting them leave outside the immigration rules.
Usually, a stay of 30 months is granted in LOTR, and it does not lead to settlement in most of the cases.
Conditions when the leave outside the rule applies
LOTR can usually be applied in the following situations:
A situation in which LOTR can be granted is one in which refusing an applicant would be a breach of Articles 3 and 8 of ECHR which protects people from torture, inhuman treatment, and degrading treatment.
1. Medical Grounds - The applicant can be granted LOTR based on their medical condition if their medical condition is such that treatment in their home country is not possible like in the UK and hence if they are sent out of the UK, it will have a severe bad effect on their physical and/or mental health.
2. Modern Slavery - UKVI can also grant discretionary leave in a situation where if the applicant is refused leave, he may become a victim of modern slavery. For this, the applicant will have to provide evidence that if they are removed from the UK, they will be at risk of becoming victims of re-trafficking or that some people will exploit them. Discretionary leave can also be granted in situations when the applicant is required to be in the UK for reasons such as helping the UK police in human trafficking or modern slavery cases.
3. Exceptional Circumstances - Discretionary leave under paragraph 353B of the Immigration Rules may also apply where it would not be appropriate not to grant leave to the applicant. It also applies in cases where the applicant has spent substantial time in the UK for reasons beyond their control after claiming asylum. However, in such cases, the applicant will need to provide evidence as to why they could not leave the UK voluntarily.
Beyond articles 3 and 8 of the ECHR, compassionate grounds such as emergency or unexpected incidents and any crisis, disaster, or accident that is beyond the applicant's control can also be considered for leave outside the rule.
People who apply for a family visa, such as a UK spouse visa or dependent child visa, but cannot meet the visa requirements set out in Appendix FM, such as relationship and financial requirements of the visa, may also be considered for LOTR if exceptional circumstances are refusing the visa would breach Article 8 of ECHR, which refers to respect to family and private life.
However, the applicant and their partner or parent must prove that they need to live together in the UK because one of the partners or both of them outside the UK will create insurmountable obstacles to the family, and in the case of children, the child would face unjustifiable hardship consequences if they were separated from their parent and removed from the UK.
Leave outside the rules is used sparingly by the UKVI. UKVI acts by the immigration rules and the Home Office guidelines. UK immigration rules clearly state that those who do not meet the requirements of a particular visa should not be granted leave to enter or remain in the UK.
However, there is a provision for granting LOTR in certain exceptional circumstances. But since this is at the discretion of the UKVI, you must seek the help of an expert immigration lawyer so that your case is strong enough to claim LOTR.
You will first need to apply for a fresh visa application or a current visa extension. You will then need to submit the necessary documents and pay the application fee and immigration health surcharge fee.
When you are applying for a family visa and you cannot meet the visa requirements, Article 8 of ECHR may be considered when assessing your application. Similarly, if you raise an outstanding asylum claim, Article 3 of the ECHR, which addresses medical issues, may be considered along with that claim.
You can also claim for leave outside the rules on a standalone basis where Article 8 or 3 of ECHR does not apply. In this situation, you must fill out the correct form and provide compelling evidence.
You will have to submit evidence documents related to the ground on which you are claiming LOTR. For example, if you are assisting the police in a human trafficking case and therefore must stay in the UK, you will have to provide proof of this, such as details of the dates and times of this inquiry.
Similarly, if you are claiming LOTR on medical grounds, you will have to provide medical evidence taken from an approved medical practitioner.
If you are claiming LOTR as part of a visa application, you will not need to pay a separate LOTR fee in addition to the visa fee.
But if you are claiming a standalone LOTR, such as leave to remain in the UK, you will need to pay the current cost of £1,258 You may also have to pay an annual healthcare surcharge on top of this, which is currently £1035 per year and you will be charged for 2.5 years in advance.
The general answer to this question is “No.”. however once you have completed 10 years on LOTR you can apply for Indefinite Leave of Remain on the Appendix Long Residence of the Immigration Rules. You will need to meet the relevant requirements of the rules.
Currently, if you apply for indefinite leave to remain in the UK, it will cost you £2,885.
The main aim of UK immigration policy is to allow those who are eligible to stay in the UK, but for this they have to meet the eligibility conditions of leave to enter or remain or else indefinite leave to remain. But many people do not meet the eligibility conditions, but their circumstances are such that they must stay in the UK. In such cases, you can apply for a leave outside the rules.
It is not easy to claim LOTR, and very few people get it, so before you apply for it, you should ensure that your case is very strong for LOTR. If you are unable to understand on your own whose probability is very high, then you should most certainly seek advice from an expert so that the probability of you getting LOTR becomes significantly high.
Our immigration lawyers can help you in understanding your case and providing you tailored solution. It is evident that applying for leave outside the rule is a complex process. So, you can take our services and increase the chances of your application being successful.
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