There are regulations for each visa or application under UK immigration. But sometimes things just aren’t a match for any of these existing categories. If so, they could be eligible for Leave Outside the Rules (LOTR). It is an exemption where the Home Office will permit you to remain in the UK for medical, emotional, or exceptional reasons if you don’t qualify for the normal visa process.
So What Does Leave Outside the Rules Involve?
Leave Outside the Rules (LOTR) is an exemption for when the Home Office thinks that there’s something the Home Office can do to provide a visa or leave to remain in the UK that doesn’t fall within the standard immigration procedures. You do this when someone is suffering and you can’t afford to deny them, or when that would be unjust and brutal. The Home Office makes these decisions at its discretion, often for urgent reasons like medical emergencies, family life, or other personal circumstances.
Who Is Eligible For Leave Not Under The Rules?
LOTR is not granted often. Only under certain, special circumstances is it imparted. There are a few scenarios where LOTR could apply:
In Case of Emergency or Unexpected Events:
This could be an accident or illness, or where ejecting someone from the UK threatens their life.
Unexpected Situations:
such as in cases of natural disasters, or unforeseen circumstances for which no approval would endanger one’s life or family.
Domestic Violence:
If a visa applicant is a victim of domestic violence and holds a visa from another category (such as a visitor or worker), UKVI may allow them to remain in the UK under LOTR.
Adult Dependent Relative:
If a relative (for example, an elderly parent or brother) arrives in the UK as a visitor but must remain in the UK because they rely on a sponsor who is based in the UK (ie, a doctor or government employee), the Home Office can award LOTR if the refusal of the application would force the sponsor to move out of the UK to care for them.
Visitors Who Need Life-saving Treatment:
If a visitor to the UK gets very ill and needs immediate medical attention, they can continue under LOTR until they get well if they fall below the visa criteria.
Still-Unfinished Applications:
If a person is requesting Indefinite Leave to Remain (ILR) and doesn’t have all the documentation required (eg, a birth certificate, or evidence of having a relationship with a British child), the Home Office may grant interim leave to allow the applicant time to gather the evidence.
UKVI may invoke LOTR in other extreme cases, such as if you’re a victim of a major disaster (like the survivors of the Grenfell Tower fire) or a long-term resident who would face unfair harm if asked to leave the UK after living here for many years.
How Long Can Someone Stay on Leave Outside the Rules?
The length of LOTR granted depends on the individual’s situation. In most cases, UKVI grants leave for 3 to 30 months. In rare situations, they may grant Indefinite Leave Outside the Rules if the case is particularly exceptional.
What Are the Costs for Applying?
If you want to apply for Leave Outside the Rules, there are certain fees to consider:
- Home Office Application Fee: £1,052.20 (this includes a £19.20 fee for biometric enrolment).
- You must pay the Immigration Health Surcharge (IHS) of £624 per year upfront. If UKVI grants leave for a shorter period, it will refund the IHS proportionately.
Leave Outside the Rules (LOTR) in UK immigration refers to the discretionary permission granted to individuals who do not meet the standard requirements of the UK’s Immigration Rules but have compelling reasons that warrant their stay. This provision is particularly important for those facing exceptional circumstances that are not adequately addressed by existing immigration laws.
Purpose and Eligibility
The primary purpose of LOTR is to provide a pathway for individuals who find themselves in unique situations that necessitate immigration permission despite failing to meet conventional criteria. This can include:
- Compelling Compassionate Grounds:
- Applicants may qualify if refusing their entry or stay would lead to unjustifiably harsh consequences, which are not related to family or private life, medical needs, or asylum claims. This includes situations such as emergencies, crises, or unforeseen disasters that necessitate their presence in the UK.
- Family and Personal Circumstances:
- Individuals with close family ties to UK nationals or permanent residents may apply. This includes spouses, children, and parents who would face significant hardship if separated. Educational disruptions for students may also be considered.
- Medical Needs:
- Applicants requiring urgent medical treatment unavailable in their home country can seek LOTR. This includes those needing ongoing care for serious health conditions or those caring for relatives with significant health issues.
- Victims of Modern Slavery:
- UKVI may grant LOTR to individuals who have been victims of trafficking or exploitation to ensure their safety and access to necessary support services.
- Exceptional Circumstances:
- Cases involving unique situations that do not fit standard immigration categories may also qualify. UKVI may consider a person facing domestic violence under LOTR if they can demonstrate compelling reasons for their stay, even without proper leave status.
Application Process
The application process for LOTR typically involves several steps:
- Gathering Evidence: Applicants must compile documentation supporting their claims, including personal statements and relevant records.
- The applicant submits the completed application and supporting documents to the appropriate immigration authorities.
- Assessment: Immigration officials review the application, considering all evidence presented.
- Decision: The authorities will notify the applicant of their decision, which may include conditions on their stay.
Duration and Outcomes
UK Visas and Immigration (UKVI) grants LOTR for a limited period, typically up to 30 months, due to the temporary nature of the circumstances. In exceptional cases, UKVI may extend LOTR or grant Indefinite Leave to Remain (ILR) if the applicant demonstrates that their situation justifies permanent residency. However, it is crucial to note that LOTR does not guarantee future immigration benefits; applicants must still comply with any conditions attached to their leave and may need to apply under standard immigration routes as circumstances change.
How does LOTR impact the applicant’s ability to work or study in the UK
Leave Outside the Rules (LOTR) can significantly impact an applicant’s ability to work or study in the UK, depending on the specific conditions attached to the grant of leave. Here are the key considerations:
Conditions of Leave Outside the Rules
- Work and Study Restrictions:
- In many cases, LOTR comes with restrictions that may prohibit the holder from working or studying in the UK. This means that individuals granted LOTR might not have the right to engage in employment or enroll in educational programs during their stay.
- Discretionary Permissions:
- UKVI decides on a case-by-case basis whether to grant permission to work or study under LOTR, exercising discretion based on the unique circumstances of each application.
- Public Funds:
- UKVI often restricts access to public funds (state benefits) for individuals granted LOTR, similar to work and study permissions. However, some applicants may gain access to public funds, depending on their individual circumstances and the nature of their leave.
Can LOTR holders work in the UK?
Holders of Leave Outside the Rules (LOTR) in the UK may face restrictions regarding their ability to work. The specifics depend on the conditions attached to their grant of leave, which are determined by UK Visas and Immigration (UKVI) at their discretion.
Key Points Regarding Work Eligibility for LOTR Holders
- General Prohibition on Work:
- In most cases, LOTR does not automatically grant the right to work. Many applicants will find that their leave includes a condition prohibiting them from undertaking employment during their stay in the UK.
- Discretionary Permissions:
- While the standard condition is a prohibition on work, there are instances where individuals may be granted permission to work. This is rare and typically requires compelling evidence justifying why such a condition should not apply to their case.
- Conditions of Leave:
- UKVI typically grants LOTR for a limited period, usually up to 30 months, and may impose additional conditions, such as no recourse to public funds. UKVI will outline the exact terms in their decision.
- Impact on Future Applications:
- Holders of LOTR should be aware that this status does not lead directly to settlement or indefinite leave to remain (ILR) unless exceptional circumstances justify it. Therefore, maintaining compliance with any work restrictions is crucial for future immigration applications.
Can LOTR holders bring family members to the UK?
Holders of Leave Outside the Rules (LOTR) may have the ability to bring family members to the UK, but this is subject to specific conditions and circumstances. Here are the key points regarding family reunification for LOTR holders:
Family Reunification Under LOTR
- Discretionary Nature of LOTR:
- LOTR is granted on a discretionary basis, meaning that each case is assessed individually. If an applicant has compelling reasons related to family circumstances, they may be able to request that their family members join them in the UK.
- Eligibility of Family Members:
- Family members that can potentially join a LOTR holder typically include spouses, children, and sometimes other close relatives. The applicant must provide evidence of their relationship and demonstrate why their family must be together in the UK.
- Application Process:
- Family members seeking to join a LOTR holder will generally need to apply for entry clearance or leave to remain separately. This process may involve demonstrating that they meet certain eligibility criteria, including proving their relationship and any relevant financial or accommodation requirements.
- Impact of LOTR Conditions:
- The conditions attached to LOTR may affect the ability of family members to join the applicant. For instance, if the LOTR holder has restrictions on access to public funds or work, this could influence the assessment of their family’s application.
- Recent Developments:
- Specific provisions have been made for certain groups, such as British National Overseas (BNO) passport holders from Hong Kong, allowing them and their families to enter the UK under LOTR arrangements. This reflects a broader trend where special immigration routes are created for individuals from particular backgrounds.
What Happens If the Application Is Refused?
If the application for Leave Outside the Rules is refused, there may still be options to challenge the decision:
- If the authorities refuse your application on human rights grounds, you may have the right to appeal while staying in the UK.
- Judicial Review: If there is no appeal, or if you are outside the UK, you might be able to challenge the refusal through a Judicial Review.
Leave Outside the Rules (LOTR) offers a way for people in the UK to stay legally when their situation doesn’t fit into any other immigration category. LOTR is typically granted for serious or urgent situations, like medical emergencies or family dependency, with decisions made on a case-by-case basis. The process can be complex and involves fees, so it’s crucial to seek legal advice if you believe you may qualify.
At Law and Visas, we can help guide you through the process of applying for Leave Outside the Rules, as well as appeals and Judicial Reviews. If you find yourself in an exceptional situation, get in touch to discuss your options.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to Ireland for business straightforward and successful. Whether you’re applying for a Business Visa or an Immigrant Investor Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas and permits they need for international travel. Call us today at +234 812 5505 986 to learn how we can assist you.
