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Jurisdiction(s):
United Kingdom

UK Immigration: Leave Outside the Rules and Discretionary Leave—Lawyers' Guide to Human Rights Gateways, Forms, Validity, Urgency, Conditions, Appeals and Judicial Review

Practice notes
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Key resources at a glance

  • Legislation: Section 3(1)(b) of the Immigration Act 1971 (IA 1971)
  • Application forms:
    • UK visa and immigration application forms (collection)
    • Fee waiver application form
    • Requesting a fee waiver (GOV.UK)
  • Home Office guidance:
    • Leave outside the Immigration Rules: caseworker guidance
    • Discretionary leave: caseworker guidance
    • Human rights claims on medical grounds: caseworker guidance
    • Chapter 08–appendix FM family members: caseworker guidance
    • Family life (as a partner or parent) and exceptional circumstances
    • Private life: caseworker guidance

This Practice Note addresses applications for leave to remain made outside the Immigration Rules, setting out information to guide the choice of procedure, approaches to validity concerns, and ways to contest refusals.

Requesting leave outside the Rules

Section 3(1)(b) of the Immigration Act 1971 (IA 1971) empowers the Secretary of State for the Home Department (SSHD) to grant leave either for a limited period or indefinitely. Limited leave may carry specified conditions, and the SSHD also holds authority to make Immigration Rules (IA 1971, ss 2–3(1)(c))...

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Web page updated on 26/05/2026

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