What is discretionary leave?

Discretionary leave to remain in the UK is a term that refers to leave being granted to individuals at the discretion of the Home Office and can be granted for medical cases where someone has exceptional reasons to stay in the UK or in slavery and trafficking cases where someone has compelling reasons to be granted. There can be other types of cases that are not definitively listed. The starting point is that discretionary leave will not be granted where someone would otherwise qualify under the Immigration Rules or else Leave outside the Rules under the right to family and private life.

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