Leave Outside the Immigration Rules

Immigration rules may not always suit a person’s particular circumstances. This is why Leave Outside the Immigration Rules (LOTR) is available. Applications outside the immigration rules refer to requests for immigration permission that do not fall within the standard categories and criteria set out in immigration law. These applications are made in exceptional circumstances, where the standard rules do not provide a solution or where there are compelling and compassionate reasons to grant immigration permission.

When does it happen?

Applications outside the immigration rules are made when the standard immigration rules do not provide a solution for an applicant’s situation. This may happen when the applicant has compelling and compassionate reasons for seeking immigration permission, such as exceptional personal or family circumstances, or in cases where there are other compelling reasons for granting permission.

What’s the purpose of it?

The purpose of applications outside the immigration rules is to provide a solution for individuals who do not meet the standard immigration criteria, but have exceptional circumstances that make them eligible for immigration permission. This helps to ensure that the immigration system is fair and flexible, and can provide a solution for individuals with unique and compelling circumstances.

Reasons for granting Leave Outside the Immigration Rules

Leave Outside the Immigration Rules (LOTR) can be granted for a variety of reasons.

Family and personal circumstances

One of the key reasons for granting LOTR is the applicant’s family and personal circumstances. This includes various aspects that can impact the life of the individual and their loved ones:

If there are family ties to nationals or permanent residents of the country, the applicant may apply to remain outside the rules. This may include spouses, children, parents or other close relatives with whom the applicant does not wish to be separated.
If the applicant is a student at a local educational institution and the termination of his or her stay would disrupt his or her educational process or interrupt his or her studies, this may also be grounds for granting LOTR.
Other personal circumstances, such as establishing a stable life in the country, including having a job, housing or social connections, may also be considered as grounds for granting a stay outside the regulations.

It is important to note that each case is considered individually, and documentary evidence and reasoning must be provided to support the need to grant LOTR.

Discretionary leave to remain for medical or modern slavery reasons

Another significant reason for granting leave to remain outside the immigration rules (LOTR) is discretionary leave for medical problems or modern slavery cases. Let’s take a closer look at these aspects.

Medical issues:

Applicants may apply for a stay outside the rules because of the need to obtain medical treatment that is not available in their country of origin. This may include serious illnesses requiring specialized treatment or expensive medical procedures.
Applicants may also apply to remain outside the rules because of the need to care for close relatives suffering from serious illness or disability. This may include caring for parents, spouses or children who need constant care and attention.

Issues of modern-day slavery:

Individuals who have been victims of trafficking or other forms of exploitation may seek to remain outside the rules for protection and safety. This may include the provision of temporary shelter and support to protect the rights of victims and prevent further exploitation.
LOTR may also be provided to individuals who require assistance and support in rehabilitation after leaving a situation of modern slavery. This may include the provision of social adaptation, employment and psychological support services.

Other compelling compassionate reasons

In addition to the above grounds, there are also other compelling compassionate reasons that may justify granting a stay outside the rules. These may be cases of extreme necessity, where refusal to grant a residence permit could result in serious adverse consequences for the applicant or other interested parties. Such circumstances are considered with particular care, given their uniqueness and non-standardized nature.

What is the process?

The process for making an application outside the immigration rules typically involves the following steps:

Gathering evidence. The applicant will need to provide evidence to support their case, including documentation and supporting statements from relevant individuals or organizations.
Making the application. The applicant will need to submit a written application and the supporting evidence to the relevant immigration authorities.
Assessment. The immigration authorities will review the application and consider all of the evidence provided.
Decision. The immigration authorities will make a decision on the application and inform the applicant of their decision.

Can I appeal against a refusal to grant LOTR?

The ability to appeal against a refusal to grant LOTR (Leave Outside the Rules) depends on whether the applicant has made a human rights claim:

If the applicant has made a human rights claim and the claim has been considered and rejected by the Home Office, the applicant has a right of appeal.
If the application has been reviewed and rejected by the Home Office on other grounds, the applicant does not have the right to appeal the decision or to an administrative review.

If your LOTR application is denied, it is important to consult an immigration lawyer who can determine the reason for the refusal and outline your available options.

Can LOTR lead to ILR in the UK?

The process of moving from temporary status granted under the Leave Outside the Rules (LOTR) scheme to Indefinite Leave to Remain (ILR) will require the applicant to demonstrate that their circumstances are exceptional enough to warrant the grant of a permanent right of residence. Examples of such circumstances may vary, but they are usually very different from the standard scenarios that are covered by the usual immigration routes. For example, if the applicant or their dependent has a rare or serious medical condition that requires specific treatment that is only available in the UK.

Applicants must prepare and provide comprehensive evidence of their circumstances, including legal documents, medical reports, evidence of family ties, and any other documents supporting the need for indefinite stay.

Each case is considered on a case-by-case basis. This means that even with a solid body of evidence, authorization for ILR is not guaranteed.

Main recommendations

To increase the chances of success when making an application outside the immigration rules, it is recommended to:

Thoroughly research the requirements and criteria for applications outside the immigration rules.
Provide detailed and well-prepared applications, with clear and concise information and supporting evidence.
Respond promptly to any requests for additional information or clarification.

Seek the assistance of a qualified immigration professional, such as a lawyer or immigration adviser.

How can we help?

Remaining outside the immigration rules (LOTR) can be complex and challenging, requiring professional support. At Sterling Law, we specialize in providing legal assistance in immigration matters, including LOTRs. With Sterling Law’s experience and expertise, clients can be assured that their immigration matters will be handled efficiently.

Sterling Law is committed to making its services as convenient and accessible to clients as possible by providing professional support and advice both in person and remotely.

Seeking legal assistance from Sterling Law in granting a Leave to Remain (LOTR) provides clients with professional support, personalized attention and effective resolution of their immigration issues. The company’s specialists are ready to provide assistance and support at all stages of the process, ensuring maximum comfort and confidence of clients in achieving the desired result.