For many people living in the UK without status, Discretionary Leave offers a crucial second chance. It is an opportunity to regularise their stay based on compassion, human rights, or exceptional circumstances. The Home Office has made significant changes to this route, clarifying who qualifies and how to apply successfully in 2025.

The Old Law

Under the previous immigration framework, Discretionary Leave was granted only in rare and exceptional cases. Applicants had to prove serious personal or humanitarian grounds that justified remaining in the UK outside of the standard Immigration Rules. Common examples included long residence (such as 20 years in the UK), medical conditions, or strong family ties with British citizens or settled persons.

Applications were lengthy and unpredictable. Many were refused due to lack of clear Home Office guidance or inconsistent decision-making. In addition, successful applicants were often given only 30 months’ leave, which had to be repeatedly renewed over many years before being eligible for settlement.

The New Law

The 2025 immigration updates have made Discretionary Leave a more structured and accessible route for those with strong personal or human rights cases. The Home Office now recognises several key categories where Discretionary Leave may be appropriate, including:

• Individuals who have lived in the UK for at least five years and developed strong private or family life ties.
• Parents of British children or partners of settled persons where removal would breach Article 8 of the European Convention on Human Rights.
• Victims of domestic violence, trafficking, or modern slavery.
• Individuals suffering from severe health conditions for whom removal would be unduly harsh.

A new digital application process allows for faster decisions and better communication between applicants and the Home Office. Moreover, time spent under Discretionary Leave now counts fully toward the 10-year lawful residence requirement for Indefinite Leave to Remain (ILR).

Its Effects

For many, these changes are life changing. Individuals who were previously undocumented can now apply with greater confidence, supported by clear guidance and more consistent decision making.

The policy shift also means fewer people will fall into long-term uncertainty as applicants who maintain lawful residence and good character throughout their time on Discretionary Leave can now plan for permanent settlement with clarity.

For families, the impact is even more profound. Parents can remain with their children, carers can continue their vital roles, and communities benefit from stability rather than disruption caused by removals.

How You Can Stay in the UK

If you are currently in the UK without lawful status, you may still be able to stay legally through a Discretionary Leave application. The key is to demonstrate that your circumstances are exceptional and that removal from the UK would breach your rights under Article 8 of the Human Rights Act.

To strengthen your case:

• Provide evidence of long residence, community ties, or medical conditions.
• Gather letters of support, financial documents, and proof of dependency.
• Seek legal advice to prepare a detailed statement addressing the proportionality test.

Successful applicants are usually granted 30 months’ leave to remain, renewable up to ten years, after which you may apply for Indefinite Leave to Remain.

Why Choose Villars Legal

At Villars Legal, we specialise in complex immigration and human rights matters, including applications for Discretionary Leave. We have represented clients across London and the UK in cases involving family life, long residence, and medical hardship. We prepare persuasive, evidence-based submissions that maximise your chances of success.

Whether you are an overstayer, a parent of a British child, or an individual facing removal, our team provides confidential, compassionate, and effective representation tailored to your situation.

Contact Villars Legal today for expert advice on Discretionary Leave applications, long residence routes, and pathways to settlement.

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