Discretionary Leave to Remain
06.11.2025
Discretionary Leave to Remain is a form of immigration status granted when a person does not qualify for asylum or humanitarian protection but has exceptional personal circumstances that make removal from the UK inappropriate. It is a reminder that immigration law must, at times, take individual circumstances into account.
In a recent case, our client – a Ukrainian national and primary carer for his mother, who suffers from Parkinson’s disease and dementia – was refused asylum but granted DLR for 3 years. The Home Office accepted that returning him to Ukraine, where access to medical treatment is severely affected by the ongoing conflict, would place his mother’s health at significant risk.
The decision was made under Article 8 of the European Convention on Human Rights, which protects the right to family and private life. The Home Office stated that the client did not meet the strict legal definition of a refugee, his situation was recognised as exceptional and deserving of protection on human rights grounds.
A grant of DLR allows individuals to live and work in the UK, access healthcare and public funds, and continue their family and private life here. Although the leave is time-limited, it provides much-needed stability and the possibility of settlement in the future.
