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Leave Outside The Rules (LOTR)

At ICS Legal we acknowledge that not all applications may fall within the Immigration rules. On this note the Home Office may under the current immigration concessions exercise their discretion to grant leave to remain to a person even though the person does not meet the criteria of the Immigration Rules, Humanitarian Protection or Discretionary Leave. Further, the Home Office may grant leave to enter or remain in any other particularly compelling circumstances. The type of leave to be granted in these kinds of cases will be “leave outside the Rules” although this will probably be very rare.

The intention is that, wherever possible, the majority of applications which fall outside the Immigration Rules will now be considered within the Humanitarian Protection and Discretionary  Leave criteria. However,  it is still  likely  that  a  small  number  of 
applications  the  Secretary  of  State  or  an Immigration Officer  may  exercise discretion  and  grant  leave  to  someone  who  does not meet  the  requirements  of  the Immigration Rules, or the Humanitarian Protection or Discretionary Leave criteria, as well as a general discretion to grant such leave. Where a  person does not qualify for leave under the  Rules or the  Humanitarian Protection or  Discretionary  Leave policies, any other leave to enter or remain must only be granted under a further category of ‘Leave Outside the Rules (LOTR)’ – although such instances are likely to be rare.  


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Leave Outside the Immigration Rules

It has always been possible to grant someone limited or Indefinite leave to enter/remain outside the Immigration Rules.  Where it is not possible to grant leave under the  Immigration  Rules or to grant asylum or Humanitarian  Protection or Discretionary  Leave,  any other  leave to  enter or remain outside  the  Immigration Rules must  be granted  under a  further category ‘Leave Outside the Rules’ (LOTR).  The  only  two  circumstances  where  it  will  be  necessary  to  consider  granting  LOTR will be in mainly non-asylum and non-protection cases:

  •  where someone qualifies under one of the immigration policy concessions; or for

  • reasons that are particularly compelling in circumstance. 

The reasons for proposing to either grant or refuse  LOTR  should always be clearly minuted on the file.   All proposed grants of  LOTR should be referred to and agreed by a Senior Case Worker/Inspector. To get more information speak to one of our ICS Legal Advisors. 



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