Discretion In Applications For Indefinite Leave To Remain

Is there discretion to grant indefinite leave to remain where some of the requirements of the rules are not met?

This is a particularly burning question for people planning to apply for indefinite leave to remain on the basis of long residence having lived lawfully in the UK for 10 years. Ten years is a long time and where you almost meet the requirements of the rules, but for some small and insignificant technicality, it feels only fair that the rules should be flexible.

Unfortunately, there is very little discretion left to the caseworkers under the Immigration Rules. The idea to remove or restrict discretion in an attempt to make the rules more definitive and the outcome of applications more predictable was part of the rehaul of the rules which started in 2012. Whether lack of discretion made the rules fairer is another question.