Discretionary Leave to Remain (DLR) is a form of permission granted by the UK Home Office to individuals who do not meet the standard immigration rules but have compelling personal or humanitarian reasons to stay in the UK. Those who have previously been granted DLR often find themselves at a crossroads when their permission nears expiry. Understanding how to extend discretionary leave to remain is crucial for maintaining lawful residency and avoiding disruptions in personal or professional life.
Discretionary Leave is typically granted outside the immigration rules and is based on exceptional circumstances. This can include health conditions, family life, or protection against persecution or human rights violations in the country of origin. While DLR does not automatically lead to settlement, individuals who have continuously resided in the UK for a specific period (commonly 6 or 10 years, depending on their case) may eventually become eligible to apply for Indefinite Leave to Remain (ILR).
To extend discretionary leave to remain, applicants must demonstrate that their personal circumstances still warrant continued residence in the UK. Common grounds for extension include:
Ongoing medical treatment unavailable in the home country
Continued family or private life under Article 8 of the European Convention on Human Rights
A significant risk of harm if returned to their country of origin
It's important to apply before the existing leave expires to avoid unlawful stay, which may impact future immigration applications.
Applying for a DLR extension involves submitting the appropriate application form to the Home Office, accompanied by supporting documents that justify the extension. These may include:
Medical reports
Proof of UK-based family life (like marriage or child custody)
Community ties and employment history
Updated biometric information
Additionally, applicants may be asked to attend a biometric appointment, and background checks will be conducted as part of the evaluation process.
Things to Keep in Mind
Here are some key tips for a successful extension application:
Apply early: Begin your extension process at least 28 days before your current leave expires.
Keep documentation updated: Ensure all evidence reflects your current circumstances.
Be transparent: Any inconsistencies or false information can lead to refusal.
Seek legal advice: Immigration laws change frequently, and professional advice can improve your chances of success.
Once the application to extend discretionary leave to remain is submitted, the applicant is generally permitted to stay in the UK under the same conditions while the decision is pending. It’s vital to refrain from international travel during this period, as leaving the UK can nullify your application.
If granted, discretionary leave is typically extended for 30 months (2.5 years), and continuous residence without significant breaks can eventually lead to settlement.
Securing an extension of Discretionary Leave to Remain can be a complex process, but with timely action, accurate documentation, and proper understanding of the eligibility criteria, individuals can continue their lives in the UK without disruption. While the path may be challenging, many have successfully managed their immigration journey with persistence and careful planning. If you're approaching the end of your current leave, make it a priority to explore your options and take action to extend discretionary leave to remain confidently and legally.