Leave Outside the Rules to Spouse visa
Leave Outside the Rules was once seen as a temporary form of permission that could, over time, lead to settlement in the UK. It was usually granted in exceptional or compassionate circumstances, for example, where removal would have breached an individual’s human rights, or where no other visa route was available under the Immigration Rules.
Many Ukrainian nationals who were in the UK without valid immigration status received LOTR in 2022-2023, following the full-scale invasion of Ukraine. At that time, they had no safe or practical option but to remain in the UK, and the Home Office exercised discretion to grant temporary leave on compassionate grounds.
However, recent Home Office practice has made it almost impossible to obtain or extend LOTR. Decisions that were once approved under exceptional circumstances are now being refused in nearly all cases. This means LOTR is no longer a reliable or sustainable immigration route.
Many individuals previously hoped that remaining on LOTR and renewing it periodically would eventually lead to long-term residence or settlement. Unfortunately, this is no longer the case. Extensions are being refused, and there is now a significant risk of losing lawful status once current leave expires.
For those still holding LOTR, the most practical and secure step is to switch to a visa route under the Immigration Rules. The spouse or partner visa is often the best option for individuals in genuine relationships with:
- a British citizen,
- a person who holds Indefinite Leave to Remain or settled status, or
- a person in the UK with refugee status or humanitarian protection.
Applicants do not need to be married to qualify. Unmarried partners can apply if they have been living together in a relationship akin to marriage for at least two years before the date of application. Evidence of cohabitation, shared financial responsibilities, and an ongoing genuine relationship will be required.
To qualify for a spouse or partner visa, applicants must also meet several key requirements under the Immigration Rules. We assist clients in understanding these requirements, preparing the necessary evidence, and ensuring that their application is complete and compliant before submission.
The spouse or partner visa provides lawful residence, the right to work, access to healthcare, and most importantly – a clear path to settlement after five years of continuous residence.
