The UK immigration laws include numerous visa routes. However, under certain circumstances, it becomes necessary to break away from the norm and permit immigration on a discretionary basis. That is why “Leave Outside The Rules” (LOTR) is used. In this article, our professional immigration advice service will define LOTR, explain when it may be granted, which paperwork is required, whether it may be combined with ILR (indefinite leave to remain), and the application process.
What Is Leave Outside The Rules (LOTR)?
When there are solid or extraordinary circumstances, the Home Office may grant permission to migrants under Leave Outside the Rules (LOTR) even though they would generally be refused. Therefore, Leave Outside the Rules gives caseworkers at the Home Office reviewing leave requests the flexibility to approve requests under specific conditions.
The Home Office caseworkers use the guidance document “Leave Outside the Immigration Rules Version 2.0” to decide if and how to deploy LOTR. The guidelines clarify that decision-makers would first verify that the immigration laws are followed before determining how to proceed with family and private life issues. The guidelines explain that decision-makers would first ensure the immigration laws are followed before deciding how to proceed with family and private life issues.
Types of LOTR:
#1 – Private and Family Life:
If an individual cannot fulfil the standard requirements for a family visa, leave may be granted outside of the regular parameters.
#2 – Discretionary Leave:
Candidates may be granted discretionary leave if they have exceptional, compelling circumstances or other persuasive reasons favouring a LOTR.
#3 – Compelling Compassionate Grounds:
Applicants who cannot apply for any other reason fall into this category.
My Legal Services’ knowledgeable immigration solicitors in London can assist you at every step of the UK visa application process. You can be guaranteed that our skilled attorneys for immigration advice service will handle your case.
Also Read: Immigration Advice & Tips for UK Spouse Visa Application
Require Documents to Apply for Leave Outside the Rules:
You will need to provide specific proof of identity with your LOTR application. Here, we’ll focus on the documentation required if you’re depending on extraordinary, convincing, or humanitarian reasons. According to immigration regulations, you must show proof of your need to remain in the UK and how long you need to stay there. Documents could contain:
- A letter containing the funeral date that you are expected to attend.
- A request for proof in an investigation.
- Medical documentation from a licenced physician with the necessary training in the field. It needs to explain the situation thoroughly and why a leave of absence is required if it is essential for compelling or compassionate reasons.
Before submitting your application, it is advisable to seek guidance from an immigration advice service, as the Home Office requires strong and definitive proof that the LOTR should be approved.
Requirements for Leave Outside The Rules:
A one-time, limited-duration LOTR visa is granted for the reason specified in the application. Although LOTR may be given for up to 30 months, this will usually last for a maximum of 6 months. If a longer time frame is required, the applicant must justify.
If your application for a LOTR visa is approved, you may only be able to remain for the duration specified in your application. Generally speaking, LOTR visa holders are not allowed to work, study, or get public funding in the UK. Any departure from this principle occurs infrequently and only in cases where sufficient evidence shows that such conditions do not apply, as mentioned in the Home Office’s leave outside the immigration rules advice.
Also Read: Indefinite Leave to Remain: How To Qualify & Apply for ILR Visa in the UK
Can LOTR lead to ILR?
An applicant may use LOTR to get Indefinite Leave to Remain (ILR) instead of Limited Leave to Remain. According to the immigration guidance, applicants who want to apply for indefinite leave of residence (ILR) outside of the immigration regulations must present proof of their eligibility for an indefinite rather than limited leave of residence. It is usually only allowed in the most dire situations, such as when a person has a terminal illness.
Conclusion:
You must consult an immigration advice service as soon as your LOTR application is denied so they may analyse the reason for the rejection and go over your choices. My Legal Services specialise in family and private life applications and all types of immigration. Our skilled immigration solicitors in London can recommend the best plan based on our knowledge of the available LOTR and discretionary leave options.