Leave Outside the Immigration Rules (LOTR) may be considered where an applicant does not meet the requirements of the Immigration Rules but there are compelling compassionate circumstances which may justify a grant of permission.
The Immigration Rules are designed to cover the vast majority of circumstances in which a person may be permitted to enter or remain in the UK. However, the Home Office retains discretion to grant permission outside the Rules in appropriate cases.
This discretion is exercised sparingly. Simply being unable to meet the requirements of an immigration route will not normally be enough.
A successful case will usually involve compelling circumstances which go beyond the ordinary consequences of an immigration refusal and which make it appropriate for the Home Office to exercise discretion.
It is also important to identify the correct legal route. Family and private life claims, human rights claims, serious medical cases and protection matters may fall under their own Immigration Rules or Home Office policies rather than being considered as a straightforward request for LOTR.
LOTR may potentially be considered where:
Each case is considered individually.
Where a decision affects a child in the UK, the child’s best interests must be treated as a primary consideration.
An application may require:
The evidence required will depend entirely on the circumstances of the individual case.
Applications involving compelling compassionate circumstances require careful assessment because the appropriate legal route will depend on the individual facts.
Our immigration team can review your circumstances, identify the most appropriate route and advise you on the evidence needed to present your case clearly and effectively.
This article provides general information only and does not constitute legal advice. Immigration law and Home Office policy are subject to change, and individual advice should be obtained before making an application.
There is no single list that applies to every case.
The Home Office considers the individual circumstances and the consequences of refusing permission.
The circumstances must normally go beyond the difficulties that would ordinarily result from being unable to meet the Immigration Rules.
Usually not.
Being unable to satisfy a particular immigration requirement does not, by itself, provide a basis for a grant outside the Rules.
There would normally need to be additional compelling compassionate circumstances which justify the exercise of discretion.
These factors can be highly relevant, but the correct legal route must first be identified.
Family and private life, serious medical circumstances and protection issues may fall under specific Immigration Rules or separate Home Office policies.
We therefore assess the circumstances before deciding whether an application under the Rules, a human rights claim or a request for Leave Outside the Rules is appropriate.
The length of permission depends on the circumstances which justified the grant.
Where LOTR is granted on compelling compassionate grounds, permission will normally be limited to the period considered necessary to address those circumstances.
It is not ordinarily a route to settlement.
A refusal of a request for Leave Outside the Immigration Rules does not automatically carry a right of appeal.
Where a human rights claim has also been made and decided, appeal rights may arise depending on the decision.
The refusal letter should therefore be reviewed carefully to establish what options are available.
Usually, yes.
The Home Office expects applicants to use the appropriate immigration route where one is available.
Compelling circumstances can sometimes be raised as part of that application where relevant, rather than treating LOTR as a substitute for meeting the Immigration Rules.
