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ARTICLE · 14 DECEMBER 2021

What Is Leave Outside The Immigration Rules?

Richmond Chambers Immigration Barristers
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In this post we examine the possibility of being granted Leave to Remain Outside the Immigration Rules and the possibility of being granted Indefinite Leave to Remain

United KingdomImmigration
Alexandra Pease
Alexandra Pease

In this post we examine the possibility of being granted Leave to Remain Outside the Immigration Rules and the possibility of being granted Indefinite Leave to Remain based on the most exceptional compelling compassionate grounds.

Leave To Remain Outside the Immigration Rules (LOTR) Guidance

The Home Office policy document entitled Leave outside the Immigration Rules guidance, Version 1.0, dated 27 February 2018 provides:

"Guidance for decision makers considering leave outside the Immigration Rules, on the basis of compelling compassionate grounds (grounds that are not related to family and private life, medical or protection matters)".

The guidance reflects that the Immigration Rules are designed to provide for the vast majority of scenarios where individuals wish to enter or remain in the UK, however the Secretary of State has a residual discretion under the Immigration Act 1971 to grant leave.

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