Leave Outside the Immigration Rules - Applications
Immigration policy concessions
Any request for permission to enter or remain in the United Kingdom must normally be made within a category within the Immigration Rules. There are, however, a small number of immigration policy concessions under which someone may apply for Limited Leave Outside The Rules (LOTR).
Particular compelling circumstances
There may be particularly compelling circumstances where someone may request either Limited or Indefinite LOTR. Any such case should be considered on its individual merits and in line with any relevant policy at the time. Caseworkers/Immigration officers should always first give full consideration to whether someone first qualifies under the provisions of the Immigration Rules, or the Humanitarian Protection and Discretionary Leave criteria or any relevant policy instruction.
GRANTS
LOTR should only be granted after the full consideration of whether someone first qualifies under the provisions of the Immigration Rules, and the Humanitarian Protection and Discretionary Leave policies, and any other relevant policy. LOTR should not be granted because removal does not seem a viable option or where it conflicts with any relevant policy. All cases to grant LOTR should be referred to and agreed by a Home Office Senior Case Worker/Inspector. The reason for the grant should be clearly noted on the file. CID should be updated as necessary when Leave Outside the Rules (LOTR) is granted.
Limited Leave Outside The Rules (LOTR)
An application for LOTR under any of the immigration concessions must be strictly considered in line with the relevant policy instruction. If it is decided that LOTR should be granted, then limited leave should be granted for a specified period for the necessary duration of stay required. Likewise, where it is decided to grant leave because of particular compelling reasons, limited leave should only be granted in accordance with the individual circumstances of the case, again only for the necessary duration of stay required.
Indefinite Leave Outside the Rules (LOTR)
Most persons applying to stay in the United Kingdom will require leave for only a specific, limited period. However, there may be a very small number of instances where it is considered appropriate to grant indefinite LOTR because the particular compelling circumstances of the individual case are such that it is almost certain that there will be no change in circumstances within five years.
EXTENSIONS
The applicant should apply for an extension of limited LOTR generally 28 days before the LOTR expires. An application for an extension should be processed in line with the relevant policy at the time. If it is decided to grant a further period of LOTR, either under one of the immigration policy concessions or because of the particular circumstances in an individual case, then a further specified period of limited leave should be granted. If the period of limited leave has come to an end, and if the person has no other entitlement to stay in the United Kingdom, he or she should be refused any extension of LOTR and should make arrangements to leave the country.
Related FAQ's
Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.
There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.
Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.
Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.
The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.
We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.
Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.
1) You contact us through e-mail or phone.
2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.
3) Your case then gets passed to a case worker.
4) Case Worker would contact you to set up an initial meeting.
5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.
6) You authorise us to be your legal representative by signing our customer care letter.
7) We will then start to request documents and information about your case this will build up your case pack.
8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.
9) Where possible we will go through every aspect of your case before case submission.
10) We will continue to update you throughout the case life cycle .