Immigration status in the UK

Discretionary leave to remain

Discretionary leave to remain is a grant of limited leave applied for one of a defined number of reasons. For example, in the case of an unaccompanied asylum seeking child for whom adequate reception arrangements in their country are not available.

Discretionary leave to remain lasts for three years, it can then be extended or permission can be sought to settle permanently.

Alongside humanitarian protection, it replaced exceptional leave to remain in April 2003.

Discretionary leave is a form of leave which may be granted outside the Immigration Rules in a limited number of cases where the claimant does not qualify for asylum or for Humanitarian Protection. Discretionary leave may also be granted to individuals who fall under the exclusion criteria if removal would be a breach of their rights under the ECHR.

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