Initial Application for Discretionary Leave to Remain (DLR)

: Written by: Arshad Mahmood; Last Updated: 25 April 2026

You can apply for an initial grant of Discretionary Leave to Remain (DLR) on the basis of exceptional and compassionate circumstances, outside the Immigration Rules. The Secretary of State has the power to grant leave on a discretionary basis outside the Immigration Rules from her residual discretion under the Immigration Act 1971. The Discretionary Leave (DL) is granted outside the Immigration Rules in accordance with Home Office policy on the grant of Discretionary Leave (DL). According to the Home Office UKVI, you cannot apply for Discretionary Leave from outside the UK.

Children born in the UK to parents who both have DL and are not British citizens should normally be granted limited leave in line with their parents. If only one parent has DL, the leave to be granted will depend on the other parent's status.

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Free Immigration Advice for Discretionary Leave Applications

Our specialist team of immigration solicitors can provide one-off, 5-minute free immigration advice regarding your Discretionary Leave application outside the Immigration Rules. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors concerning your application for Discretionary Leave based on exceptional and compassionate circumstances.

Reasons for Granting Discretionary Leave

Discretionary Leave (DL) is granted to those who provide evidence of exceptional compassionate circumstances, or there are other compelling reasons to grant leave on a discretionary basis. The UKVI may not grant Discretionary Leave where an individual qualifies for leave under the Immigration Rules or for Leave outside the Rules (LOTR) for Article 8 reasons.

It is not possible to cover all the circumstances in which Discretionary Leave (DL) may be appropriate because this depends on the totality of evidence available in individual cases, but the following broad categories may apply:

Medical Cases

You can apply for Discretionary Leave (DL) on medical grounds under Articles 3 and 8 of the European Convention on Human Rights (ECHR). This applies to asylum and non-asylum cases. Non-asylum cases making a standalone human rights claim must do so using the FLR (FP) or FLR (HRO) application form.

DL may be appropriate where the ECHR breach associated with return would not warrant a grant of humanitarian protection, but where return would result in a flagrant denial of the right in question in the person’s country of origin.

Exceptional Circumstances

You can apply for Discretionary Leave (DL) based on exceptional and compassionate circumstances.

Modern Slavery Cases (Including Trafficking)

Victims of slavery, servitude and forced and compulsory labour who are conclusively recognised as such by the National Referral Mechanism (NRM) may be eligible for DL based on the same criteria of personal circumstances, helping police with enquiries and pursuing compensation as victims of human trafficking, and this provision applies across the UK.

A person will not normally qualify for DL solely because they have been identified as a victim of modern slavery or trafficking. Discretionary leave may be considered under this specific policy where the relevant Competent Authority (either the ‘SCA’ (the name ‘Single Competent Authority’ is being reviewed and will be updated in due course) or the Immigration Enforcement Competent Authority (IECA)) has made a positive, conclusive grounds decision that an individual is a victim of modern slavery and they satisfy one of the following criteria:

leave is necessary owing to personal circumstances
leave is necessary to pursue compensation
they are victims who are helping police with their enquiries

As part of the positive reasonable grounds decision letter issued by the relevant Competent Authority, the potential victim of modern slavery (including human trafficking), will be asked by the Home Office UKVI if they would like to be considered for DL in the event of a positive conclusive grounds decision from the NRM. Where they indicate they would like to be considered for DL, this will be considered under the criteria relating to personal circumstances, helping police with enquiries and pursuing compensation, as detailed in the Discretionary leave considerations for victims of modern slavery guidance, once a positive, conclusive grounds decision is issued. The victim may be asked to provide up-to-date information regarding the reasons for consideration for Discretionary Leave at any time prior to the consideration. The victim will not need to fill in an application form or pay a fee for an initial consideration of a Discretionary Leave on this basis. A victim who has claimed asylum will receive automatic consideration for DL on this basis if they are not granted asylum or humanitarian protection.

Duration Of Discretionary Leave (DL)

Where Discretionary Leave (DL) is granted, the duration of leave is determined by considering the individual facts of the case, but leave is not normally granted for more than 30 months (2 and a half years) at a time. When a person is granted an initial period of DL, this does not necessarily mean they will be entitled to further leave or to settlement. Subsequent periods of leave may be granted, provided the applicant continues to meet the relevant criteria set out in the published policy on DL applicable at the time of the decision.

From 9 July 2012, those granted DL must normally have completed a continuous period of at least 120 months’ limited leave (i.e., a total of 10 years, normally consisting of 4 separate 2.5-year periods of leave) before being eligible to apply for settlement.

How Can We Help?

Our specialist team of immigration solicitors can provide expert immigration advice and legal representation on a fixed fee basis in relation to your application for Discretionary Leave (DL). Our fixed fee for your application for Discretionary Leave (DL) will cover all the work of our immigration solicitors on your application for Discretionary Leave (DL) until a decision is made by the Home Office UKVI on your application for Discretionary Leave (DL). The casework to be carried out by our immigration solicitors in relation to your application for Discretionary Leave (DL) will entail the following:

Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you have to meet for your application for Discretionary Leave (DL) to succeed.

Advice on documents: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for Discretionary Leave (DL).

Assessment of documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your application for Discretionary Leave (DL) are in accordance with the requirements of the Immigration Rules.

Completing the application form: Our immigration lawyers will complete the relevant application form for your Discretionary Leave (DL) application.

Booking an appointment with the application centre: After the online submission of your application for Discretionary Leave (DL), our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics.

Preparing a detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application for Discretionary Leave (DL), explaining how all the legal requirements are met for the approval of your application for Discretionary Leave (DL).

Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload all supporting documents online to support your application for Discretionary Leave (DL).

Follow-up work: Our immigration lawyers will handle all follow-up until the Home Office UKVI issues a decision on your application for Discretionary Leave (DL).

Specialist Immigration Solicitors for Discretionary Leave Applications

Our immigration solicitors are specialists in Discretionary Leave applications under Appendix Discretionary Leave of the Immigration Rules. As one of the best immigration solicitors, we have an excellent track record of helping clients obtain Discretionary Leave to Remain (DLR) outside the Immigration Rules. Our highly experienced and fully qualified immigration solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your application for permission to stay in the UK under the Discretionary Leave route.

The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients. Our London-based immigration solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of UK visa and immigration cases. Our team of highly regarded immigration solicitors brings together more than 6 decades of collective, specialised expertise in successfully handling UK visa and immigration applications.

Meet Our Team of Immigration Solicitors in London

At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our immigration solicitors in London. We understand that immigration matters are life-changing events, and our team is here to guide you through every step of the Discretionary Leave application process with professionalism and care.

Our team comprises a diverse group of immigration solicitors, each bringing a wealth of experience and knowledge to the table. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your immigration needs.