Leave Outside the Rules (LOTR) Explained

leave outside the rules

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Leave Outside the Rules (LOTR) is a discretionary immigration status granted by the UK Home Office in exceptional circumstances. It allows individuals who do not meet standard visa requirements to remain in the UK due to humanitarian, medical, or compassionate reasons. Unlike visas granted under the Immigration Rules, LOTR is considered on a case-by-case basis, with decisions made at the discretion of the Home Office.

One of the main risks associated with LOTR is uncertainty. Unlike visas granted under the Immigration Rules, LOTR does not follow a standard route to settlement and is often granted for a limited period, typically up to 30 months. Extensions may be possible, but there is no guarantee of long-term residence. Individuals relying on LOTR should seek legal advice to understand their options and potential future immigration pathways.

In this guide, we explain the eligibility and process requirements when applying for LOTR.

 

What is leave outside the rules?

 

Leave outside the rules, commonly described by UK Visas and Immigration (UKVI) as LOTR, refers to where an applicant is unable to meet the normal requirements under the UK’s Immigration Rules, but there are exceptional grounds that still warrant a grant of leave.

UKVI is the department of the Home Office responsible for the issuance of visas to enter or stay in the UK, where UKVI caseworkers can occasionally exercise a residual discretion outside of the rules to grant entry clearance or a period of leave, even though the applicant would not ordinarily qualify. LOTR is therefore the term used to cover all types of permission granted otherwise than in accordance with the normal rules and requirements, including decisions in relation to entry clearance, leave to remain and indefinite leave to remain applications on a number of different, but extremely limited, discretionary grounds.

 

What does LOTR allow?

 

When it comes LOTR meaning, in the sense of what leave outside the rules will allow, this will depend on the nature and extent of the permission granted at UKVI’s discretion.

In broad terms, LOTR will enable the successful applicant to enter or stay in the UK, despite not meeting the requirements of the relevant route, although there may be conditions attached to their grant of leave. In some cases, the person will be prohibited from undertaking employment or study, or from claiming public funds, while in the UK.

In most cases, leave outside the rules will also only be granted for a limited period of time, rarely no more than 30 months, to reflect the often transient nature of the exceptional circumstances involved or to provide UKVI with the opportunity to review the situation in due course. In theory, UKVI caseworkers have the power to grant LOTR beyond a period of 30 months, but only where there is compelling evidence justifying a longer period.

 

When does leave outside the rules apply?

 

Leave outside the rules can be granted in a number of different contexts, depending on the circumstances surrounding the application, including:

 

  • for family and private life reasons
  • discretionary leave for medical or modern slavery matters
  • on other compelling compassionate grounds.

 

 

For family and private life reasons

 

In any application involving family or private life matters, such as where a foreign national is looking to join a close family member in the UK, the UKVI caseworker will first check to see if the requirements under the Immigration Rules have been met including, for example, the relationship, financial and English language requirements. In those cases where the requirements under the normal rules cannot be met, the caseworker will be required to consider if there are exceptional circumstances that might render refusal of the application a breach of Article 8 of the European Convention on Human Rights (ECHR), where ECHR Article 8 refers to the right to respect for both private and family life.

In cases involving family life, the revised version of the family visa rules, as set out under Appendix FM, now include a complete framework of any Article 8 decision-making, bringing previous LOTR concessions well within the rules. For example, if the financial requirement for a family visa is not met from the specified sources in the context of an application for limited leave to remain as a partner, if a refusal could result in unjustifiably harsh consequences for either the applicant, their partner or a relevant child, the UKVI caseworker can consider whether such financial requirement is met through other sources.

Other codified exceptions to certain eligibility requirements for leave to remain under Appendix FM include where there would be insurmountable obstacles to family life with a partner outside the UK or where the applicant has a British child, or a child who has lived in the UK for 7 years, and it would be unreasonable for that child to leave the UK.

Equally, in respect of any application where a person is seeking leave to remain on the basis that they have developed a private life in the UK, Appendix FM provides that even if the applicant does not meet the relevant rules, the UKVI caseworker must still be satisfied that refusal of permission to stay would not breach ECHR Article 8 on the basis of private life.

 

Discretionary leave for medical or modern slavery matters

 

The grant of discretionary leave can apply in the context of both asylum and non-asylum cases, but only where a person is applying from within the UK, rather than abroad, and will not be granted where an individual qualifies for asylum or humanitarian protection, or family or private life reasons. As it is only intended to cover exceptional and compassionate circumstances, it will also be used sparingly by UKVI caseworkers, applying predominantly to cases involving medical reasons or modern slavery, including human trafficking.

An LOTR case based on medical grounds will typically invoke Article 3 considerations, where Article 3 refers to the prohibition against inhuman or degrading treatment. For example, if an applicant is suffering from a serious medical condition where requiring them to leave the UK would breach their human rights, leave outside the rules may be granted.

However, there is an especially high threshold for medical cases under Article 3. There would need to be a real risk of the applicant being being exposed to a serious, rapid and irreversible decline in their health resulting in either intense suffering or a significant reduction in life expectancy due to the absence of appropriate medical treatment or lack of access to such treatment in the country of return. As such, the applicant would need to provide evidence that there are substantial grounds for believing that they would be exposed to a real risk of being subject to inhuman treatment contrary to Article 3. This means that only in very exceptional cases, where the humanitarian grounds against removal from the UK are particularly compelling, will an Article 3 medical claim succeed.

In the context of modern slavery cases, only victims of slavery who have been conclusively recognised as such by the National Referral Mechanism may be eligible for discretionary leave, although an applicant will not normally qualify for LOTR solely because they have been identified as a victim of modern slavery or trafficking. They must also meet the requirements under Appendix: Temporary Permission to Stay for Victims of Human Trafficking or Slavery (VTS), such as where the grant of leave is necessary to assist the VTS in their recovery from any physical and/or psychological harm arising from the relevant exploitation or to enable them to seek compensation in respect of this. It could also be to enable the VTS to co-operate with a public authority, such as the police, in connection with an investigation or criminal proceedings regarding the relevant exploitation.

 

Compelling compassionate grounds

 

In cases where the normal rules are not met, and there are no exceptional circumstances that would justify a grant of leave under either Article 8, Article 3 medical or discretionary leave grounds, there may be other factors that when taken into account with the compelling compassionate grounds raised, would still warrant the grant of LOTR.

Leave outside the rules on compelling compassionate factors is essentially where a refusal of entry clearance or leave to remain in the UK would result in unjustifiably harsh consequences for the applicant or a family member, but on grounds that are not related to family and private life, medical, asylum or protection matters. These factors could include:

 

  • an emergency or unexpected event
  • a crisis, disaster or an accident that could not have been anticipated.

 

This is a miscellaneous category for applicants who cannot apply on any other basis outside the rules, and can relate to factors in both the UK and overseas. This could involve, for example, a person tragedy or other serious event which does not, of itself, render any refusal a breach of the ECHR. A common example might be where an applicant has suffered a bereavement and needs time to make funeral and other arrangements, although the guidance for UKVI caseworkers provides that LOTR will not be granted where it is still reasonable to expect the applicant to leave the UK despite the existence of such factors.

 

Who is eligible for leave outside the rules?

 

It is always best to seek expert advice from an immigration specialist before applying for LOTR, or relying on the exercise of discretionary leave, in circumstances where the requirements under the rules cannot be met. The UK’s Immigration Rules have been written with clear objectives, where applications for leave outside the rules have high refusal rates. However, even though the discretion to grant LOTR will be used sparingly by UKVI, there are circumstances which may justify the grant of leave, where your legal adviser can help you to explore all available options and strengthen your case with the necessary evidence.

The importance of securing expert legal assistance from an immigration specialist in LOTR cases cannot be underestimated, where detailed representations, supported by relevant case law, can help an applicant to maximise their prospects of a successful outcome.

 

How to apply for leave outside the rules

 

In some cases, human rights considerations and the exercise of discretionary leave outside the rules will be considered as part of a substantive application. For example, when applying for a family visa, where certain eligibility requirements cannot be met, the codified LOTR and Article 8 concessions will be taken into account, where applicable. Equally, if Article 3 medical issues are raised in the context of an outstanding asylum claim, this will be considered with that claim, where there is no need to make a separate application.

However, in some cases, the request for LOTR will form the basis of a standalone application, where this will require the right form and robust evidence in support. Applying for leave outside the rules can be complex and challenging, where applicants are strongly advised to seek advice from an immigration specialist to help prepare their application.

 

How much is LOTR?

 

The cost to apply for LOTR will depend on whether this forms part of another application or is a standalone claim or request, where there will be no additional cost if the UKVI caseworker goes on to consider their residual discretion to grant leave outside the rules in circumstances where an applicant fails to meet the normal requirements for their route.

When an application for LOTR is made independently, the cost will depend on the permission sought. For example, to apply for leave to remain in the UK, the current cost is £1,048, although the applicant may also be liable to pay an annual healthcare surcharge.

The cost to apply for indefinite leave to remain is currently £2,885.

 

Does LOTR lead to settlement in the UK?

 

As leave outside the rules is only granted in exceptional circumstances, it will be rare that those circumstances justify the grant of indefinite leave to remain, also known as settlement. However, it is possible for an applicant to secure settlement on an LOTR basis, provided the grounds are so exceptional that they warrant it, such as in the case of terminal illness. The official guidance given to UKVI caseworkers in this context emphasises that for applicants who wish to apply for settlement outside of the rules, they need to provide clear evidence as to why they should be given indefinite rather than limited leave to remain as this is normally only ever granted in the most exceptional cases.

 

Need assistance?

 

DavidsonMorris as leading UK immigration advisers. For specialist guidance and support with a Home Office application, contact us.

 

Leave outside the rules FAQs

 

What is Leave Outside the Rules (LOTR)?

Leave Outside the Rules (LOTR) is discretionary permission granted by the Home Office for individuals who do not meet standard visa requirements but have exceptional circumstances that justify their stay in the UK.

 

Who can apply for Leave Outside the Rules?

LOTR is typically granted in cases involving compassionate, medical, or humanitarian grounds. This may include individuals facing exceptional hardship if they are required to leave the UK, victims of domestic abuse, or those with serious health conditions that cannot be treated in their home country.

 

Does Leave Outside the Rules allow a person to work?

It depends on the conditions attached to the individual’s leave. Some people granted LOTR may have permission to work, while others may have restrictions. Employers must conduct thorough right to work checks before hiring someone with this status.

 

Can an individual with Leave Outside the Rules switch to another visa?

In some cases, a person with LOTR may be able to apply for a visa under the Immigration Rules if they meet the requirements. Seeking legal advice is recommended to explore long-term immigration options.

 

Does Leave Outside the Rules lead to settlement in the UK?

LOTR does not automatically lead to Indefinite Leave to Remain (ILR). However, some individuals may be able to apply for settlement after a certain period, depending on their circumstances.

 

How long is Leave Outside the Rules granted for?

The length of time varies depending on the applicant’s circumstances. It is usually granted on a temporary basis, often for 6 to 30 months, with renewal possible in some cases.

 

Glossary

 

 

Term Definition
Leave Outside the Rules (LOTR) A discretionary immigration status granted by the Home Office in exceptional circumstances, allowing individuals to stay in the UK despite not meeting standard visa requirements.
UK Visas and Immigration (UKVI) A department of the Home Office responsible for processing visa and immigration applications, including discretionary leave cases.
Discretionary Leave A form of leave granted outside standard immigration rules, usually for humanitarian, medical, or compassionate reasons.
Compassionate Grounds Situations where an individual is granted LOTR due to personal hardship, such as bereavement, family emergencies, or other urgent and exceptional circumstances.
Humanitarian Grounds Justifications for LOTR based on severe risks or hardships an individual would face if required to leave the UK, including those related to safety and well-being.
Medical Grounds A basis for granting LOTR when an individual has a serious medical condition that cannot be adequately treated in their home country.
Article 8 (ECHR) A provision of the European Convention on Human Rights that protects the right to respect for private and family life, often considered in LOTR applications.
Article 3 (ECHR) A provision of the European Convention on Human Rights that prohibits inhuman or degrading treatment, sometimes relevant in medical LOTR cases.
Right to Work Check A legal requirement for UK employers to verify whether an individual has permission to work in the UK.
Biometric Residence Permit (BRP) An identity document issued by the Home Office that confirms an individual’s immigration status and work permissions.
Indefinite Leave to Remain (ILR) A form of permanent residency that allows individuals to live and work in the UK without time restrictions. LOTR does not automatically lead to ILR.
Limited Leave to Remain Temporary permission to stay in the UK for a specific period, often granted under LOTR.
National Referral Mechanism (NRM) A framework for identifying and supporting victims of human trafficking and modern slavery, who may be eligible for discretionary leave.
Public Funds Restriction A condition often attached to LOTR, preventing individuals from accessing benefits such as housing assistance or welfare support.
Immigration Bail Temporary permission to stay in the UK while an immigration case is being processed. It is different from LOTR but may apply in some cases.
Visa Switching The process of changing from one immigration status to another while remaining in the UK. Some individuals with LOTR may be eligible to switch to a visa under the Immigration Rules.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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