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Leave Outside the Immigration Rules - Applications

Leave Outside the Immigration Rules - Applications

Immigration policy concessions

Any request for permission to enter or remain in the United Kingdom must normally be made within a  category within the Immigration Rules.  There are,  however,  a small number of immigration policy concessions under which someone may apply for Limited Leave Outside The Rules (LOTR). 

Particular compelling circumstances

There may be particularly compelling circumstances where someone may request either Limited or Indefinite LOTR. Any such case should be considered on its individual merits and in line with any relevant policy at the time.  Caseworkers/Immigration officers should always first give full consideration to whether someone first qualifies under the provisions of the Immigration Rules, or the Humanitarian  Protection and  Discretionary  Leave criteria or any relevant policy instruction.

GRANTS 

LOTR should only be granted after the full consideration of whether someone first qualifies under the provisions of the Immigration Rules,  and the Humanitarian Protection and  Discretionary Leave policies, and any other relevant policy. LOTR should not be granted because removal does not seem a  viable option or where it conflicts with any relevant policy.  All cases to grant LOTR should be referred to and agreed by a Home Office Senior Case Worker/Inspector. The reason for the grant should be clearly noted on the file.   CID should be updated as necessary when Leave Outside the Rules (LOTR) is granted. 

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Limited Leave Outside The Rules (LOTR)

An application for LOTR under any of the immigration concessions must be strictly considered in line with the relevant policy instruction. If it is decided that LOTR should be granted, then limited leave should be granted for a specified period for the necessary duration of stay required.  Likewise, where it is decided to grant leave because of particular compelling reasons, limited leave should only be granted in accordance with the individual circumstances of the case, again only for the necessary duration of stay required. 

Indefinite Leave Outside the Rules (LOTR)

Most persons applying to stay in the  United  Kingdom will require leave for only a specific,  limited period. However, there may be a very small number of instances where it is considered appropriate to grant indefinite  LOTR because the particular compelling circumstances of the individual case are such that it is almost certain that there will be no change in circumstances within five years.

EXTENSIONS 

The applicant should apply for an extension of limited LOTR generally 28 days before the LOTR  expires. An application for an extension should be processed in line with the relevant policy at the time. If it is decided to grant a further period of LOTR, either under one of the immigration policy concessions or because of the particular circumstances in an individual case, then a further specified period of limited leave should be granted. If the period of limited leave has come to an end, and if the person has no other entitlement to stay in the  United  Kingdom,  he or she should be refused any extension of LOTR and should make arrangements to leave the country. 

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