Leave Outside the Rules

To gain entry into the UK or stay in Britain, individuals must demonstrate on a Home Office application that they meet certain criteria under the immigration route. In many cases, permission is not granted for a variety of reasons.

Leave outside the rules allows Immigration Control to grant permission to enter to migrants who would, under normal circumstances, be denied entry. This is due to exceptional circumstances, and cases where LOTR would be granted are as follows:

1. ECHR Article 8 (leave outside the rules on the basis of family or private life).
2. ECHR Article 3 (prohibition of torture and cruel, inhuman, and degrading treatment).
3. Discretionary leave.
4. Other exceptional/compelling compassionate grounds.

Leave Outside the Rules provides Home Office caseworkers considering applications for LOTR the discretion to grant permission in limited circumstances.

The guidance document used by Home Office caseworkers to determine if and how they can use LOTR is ‘Leave outside the Immigration Rules Version 2.0.’

In general, the caseworkers will measure the guidance document against the applicants case. If immigration rules are met, the applicant will have more chance of getting a successful outcome.

They will also consider that if the applicant has a negative outcome, would this produce ‘unjustifiably harsh consequences for the applicant or their family’, a guideline mentioned in ECHR Article 8.

Cases are considered on a case-by-case basis, and each individual application is thoroughly tested to ensure the people who need LOTR most are receiving the aid put in place by the British Home Office.

Each applicant’s particular allowance or limitations may vary depending on their particular situation and their requirements for this particular application.

Some cases on LOTR may let applicants apply and work in England or other places, and others may prohibit working and studying entirely.

In some cases public funds are inaccessible while other applicants can use public funds. In some instances, the time limits under LOTR can vary.

The granted time may, however, only be prolonged in some cases for a compassionate compelling reason.

When providing the required documentation for Leave outside the rules applications, ensure the documents are spotless and thorough, and that you do not forget a document as this will impede on your success.

Primarily, as a basic requirement, Home Office caseworkers will look at the applicants’ financial, accommodation, and English language proficiency. If one or more of these are not met, the rules provide discretion.

Applicants must also provide sufficient evidence that reflects the direct reasons that have made it difficult for the applicant to relocate home, such as serious consequences such as trafficking, torture, inhumane treatment of humans, modern slavery, or an applicant who needs medical treatment that may be subject to inhuman treatment if they have to return to their home country.

Applications of this type require strong evidence that there is a high risk the individual would have a significant reduction in life expectancy due to the lack of appropriate medical treatment in their home country.

Other documents required for application are:

• A funeral attendee letter for a funeral you plan to go to
• A request to provide evidence in an inquiry
• Medical evidence from a medical practitioner which must include details of the applicants specific circumstances and why leave on compelling or compassionate grounds is required

Compelling compassionate grounds are granted for applicants who seriously rely on LOTR for their wellbeing and safety, or for the wellbeing and safety of their family.

Applicants will be considered if their return to their home country poses serious threats to their safety, or unjustifiably harsh consequences such as:

• Human trafficking
• Modern slavery
• Poor medical treatment
• War or famine
• Torture
• Inhumane treatment breaching human rights

If the above reasons do not apply to the applicant and they also do not meet immigration rules, their chances of securing LOTR rely on the following factors:

• Emergency or unexpected events
• A crisis, disaster, or accident that could not have been anticipated

LOTR may be granted for up to 30 months, but in most cases, this will be up to 6 months. If a longer period is needed, it is up to the applicant to justify why this is needed.

A successful applicant will be able to enter the UK and remain within the country even if they are not eligible for the common visa route.

If your LOTR visa is granted, you will normally only be permitted to stay for the specific purpose stated in your application. Those with a LOTR visa are typically not permitted to work, study, or claim public funds while in the UK.

A person is forbidden from working in a UK residence and is not allowed to claim public funds but can be used in another instance to access the money or to get an education.

Generally the exceptions to the rules will only exist within a specified time to reflect the specific situation of the application, and often not exceed a maximum of 30 months.

LOTR allows for ILR after a certain period of time and a successful naturalisation application.

Applying for LOTR could not be more straightforward with the help of an immigration lawyers. Due to the complicated legal implications regarding immigration rules, it is highly advisable that applicants consider enlisting the aid of one of our highly competent immigration team.

Applicants can complete a form identifying their immigration or settlement path depending on their current situation.

A detailed explanation of the applicants situation must be submitted in full to the Home Office caseworkers assigned to their case.

In addition, those interested in extended stays in Britain for a family or private reason need to submit an FP request. Once you submit a form, you pay the required fee to apply.

These vary with your application. If a person applies to be an immigrant you should include documentation demonstrating the compelling compassionate factor.

It is advisable to request advice from an immigration solicitor before submitting your application, as the Home Office requires clear and confident evidence that the LOTR should be granted.

Our immigration law team has years of experience addressing complex immigration issues, such as navigating the ever changing immigration rules, human rights grounds, protection grounds, unexpected events, home office guidance, all on a case by case basis .

Our staff can assist you to determine your eligibility to receive leave under the laws by preparing and submitting applications for leave. We will work with the Home Office in an effort to ensure your application gets the attention it deserves.

Call us on (+353) 061 518 025 for immediate help & assistance with your situation. We’re here to help you in person, via the phone or online.