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.
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:
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.