Discretionary leave to remain is permission to stay in the UK granted outside the Immigration Rules, under a Home Office policy for exceptional and compassionate circumstances. It is most often granted after an asylum claim has been refused but removal would still breach a person’s human rights, for example because of a serious medical condition. It cannot be applied for from abroad, and it must not be granted where a person qualifies for asylum, humanitarian protection or permission on family or private life grounds.
People granted discretionary leave extend it on form FLR (DL), normally for 30 months at a time, and can settle after 10 years of continuous leave, or 6 years if they were first granted discretionary leave before 9 July 2012. Each extension is decided on the facts at the time, so the evidence that justified the first grant has to be kept up to date.
Sterling Law’s immigration solicitors prepare extension and settlement applications for people with discretionary leave, advise when circumstances have changed, and act on refusals and appeals.
Discretionary leave at a glance
| Key fact | Position on 28 September 2026 |
|---|---|
| What it is | leave outside the Immigration Rules under the Home Office discretionary leave policy, for exceptional and compassionate circumstances |
| Granted today mainly for | Article 3 medical cases, other flagrant breaches of Convention rights, exceptional circumstances at the removal stage, and some earlier modern slavery cases |
| Length | normally up to 30 months at a time |
| Settlement | after 10 years (120 months) of continuous leave; after 6 years if first granted before 9 July 2012 |
| Conditions | work permitted, recourse to public funds, higher education permitted |
| Extension form | FLR (DL) after an asylum refusal; FLR (HRO) for some earlier modern slavery cases |
| Extension fee | £1,407, the general leave to remain fee, unless waived |
| Settlement fee | £3,226; no fee waiver for settlement |
| When to apply | no more than 28 days before your current leave expires |
Who is granted discretionary leave today?
The current Home Office guidance, version 12.0 of 21 July 2026, describes discretionary leave as intended for exceptional and compassionate circumstances and to be used sparingly:
| Situation | Is discretionary leave granted? |
|---|---|
| Serious medical condition where removal would breach Article 3 | yes, under the medical claims guidance |
| Return would be a flagrant denial of another Convention right | yes, but rarely |
| Exceptional circumstances considered at the removal stage (paragraph 353B), including long periods in the UK after an asylum claim for reasons beyond your control | it may be |
| Modern slavery cases decided before 30 January 2023 | normally yes, usually up to 12 months |
| Refugee status or humanitarian protection cancelled or revoked, where restricted leave does not apply | it may be |
| Family or private life | no, not since 9 July 2012: these cases use FLR (FP) or leave outside the rules on Article 8 grounds |
| Unaccompanied asylum seeking children | no, not since 6 April 2013: they are granted leave under the Immigration Rules instead |
Non-asylum applicants making a standalone human rights claim do so on form FLR (FP) or FLR (HRO), not FLR (DL). Our human rights claims page explains Article 3 medical claims and the other forms.
Extending discretionary leave
If you were refused asylum but granted discretionary leave, you extend it on form FLR (DL). People granted discretionary leave as victims of modern slavery before 30 January 2023 apply for further leave on form FLR (HRO). Applications should be made no more than 28 days before your current leave expires. An application made after the leave has expired means you cannot build continuous leave towards settlement.
There is no automatic right to further leave: the Home Office decides the extension on the facts at the time of the decision. You will need to show that the circumstances that justified your leave still apply, for example updated medical evidence in a medical case. If further discretionary leave is refused, the Home Office must consider whether you qualify on the ten-year partner or parent routes, on private life grounds, or for leave outside the rules on compassionate grounds.
Fees, the health surcharge and fee waivers
There is no separate fee for a discretionary leave extension, so the general Home Office fee for leave to remain applies: £1,407 from 8 April 2026. The Immigration Health Surcharge is payable unless your leave was granted on Article 3 medical grounds, which are exempt; for leave outside the rules it is 2.5 times the annual rate, £2,587.50 for an adult. A fee waiver is available for extensions where refusing further leave would breach your Convention rights. It is not available for settlement.
Settlement after discretionary leave
If you were first granted discretionary leave on or after 9 July 2012, you can normally apply for indefinite leave to remain after a continuous period of 120 months, usually four grants of 30 months. If you were first granted it before 9 July 2012, the transitional arrangements apply and settlement can be granted after 6 years of continuous discretionary leave, provided you still qualify.
The settlement application is made on form FLR (DL) if you were refused asylum, or on form SET (O) if your discretionary leave followed a refused non-asylum application. The fee is £3,226 per person, with no fee waiver, and the Home Office aims to decide within six months. Super priority is available for settlement if your discretionary leave followed a non-asylum refusal.
The Home Office has paused settlement decisions for people first granted discretionary leave under the transitional arrangements who received a custodial sentence of 12 months or more before their first grant, pending the litigation in Jimoh v Secretary of State for the Home Department. If this affects you, take advice before applying.
Conditions of discretionary leave
People granted discretionary leave have recourse to public funds and no prohibition on work. They can enter higher education, although limited leave holders are not eligible for student finance, and an ATAS condition applies to certain courses. Medical discretionary leave is granted with access to mainstream benefits.
If your circumstances change
Discretionary leave may be curtailed if the reasons for it no longer apply, for example if a medical condition improves, and it should normally be curtailed for criminality, exclusion, national security reasons or liability to deportation. Deception leads to curtailment and removal. If your circumstances have changed, get advice before your next application: another route, such as the family or private life routes on FLR (FP), may now fit better.
Discretionary leave, restricted leave and leave outside the rules
Since 2 September 2011, people excluded from refugee protection whose removal would breach the Convention are granted restricted leave rather than discretionary leave. Restricted leave normally starts at six months, can carry conditions on work, study, residence and reporting, and leads to settlement only in rare exceptional circumstances.
Leave outside the rules on compelling compassionate grounds is a different policy again: it is usually granted for up to 30 months and, unlike discretionary leave, is not a route to settlement unless a specific concessionary route applies.
If your application is refused
Where a human rights claim is refused, there is normally a right of appeal to the First-tier Tribunal, unless the claim is certified as clearly unfounded. From inside the UK you have 14 days from receiving the decision letter to appeal. If you applied before your leave expired, your leave continues under section 3C while the appeal can be brought and while it is pending. Our asylum appeals team handles appeals in protection and human rights cases.
How Sterling Law can help
Our immigration solicitors act for people with discretionary leave at every stage:
- extension applications on FLR (DL) or FLR (HRO), with updated medical and other evidence;
- fee waiver requests for extensions;
- settlement after 10 years, or 6 years under the transitional arrangements;
- advice when circumstances change, including a move to the family or private life routes;
- refusals, curtailment and appeals.
Recent results include discretionary leave to remain granted and discretionary leave for a Ukrainian national.
Speak to our immigration solicitors
Tell us when your discretionary leave was first granted, when it expires and whether your circumstances have changed. We will confirm the right form, the evidence you need and when you can apply for settlement.
FAQ about discretionary leave to remain
1. What is discretionary leave to remain?
Discretionary leave is permission to stay granted outside the Immigration Rules in exceptional and compassionate circumstances, most often after an asylum claim has been refused but removal would breach human rights, for example in serious medical cases. It cannot be applied for from abroad.
2. How long is discretionary leave granted for?
Normally for up to 30 months at a time. Each extension is decided on the facts at the time, and there is no automatic right to further leave.
3. When can I get indefinite leave to remain after discretionary leave?
After 10 years of continuous discretionary leave if you were first granted it on or after 9 July 2012, or after 6 years if you were first granted it before that date under the transitional arrangements, provided you still qualify.
4. How much does a discretionary leave extension cost?
The general Home Office fee for leave to remain, £1,407 from 8 April 2026, applies unless you are granted a fee waiver. Settlement costs £3,226, and fee waivers are not available for settlement.
5. Can I work and claim benefits with discretionary leave?
Yes. People granted discretionary leave have recourse to public funds, no prohibition on work, and can enter higher education, although limited leave holders are not eligible for student finance.
6. What happens if I apply for an extension late?
An application made after your leave has expired means you cannot build continuous leave towards settlement, and the protection of section 3C does not apply. Extensions should be made no more than 28 days before your current leave expires, and never after it.
