Discretionary leave to remain is a type of immigration permission that is given to certain immigrants who cannot be processed under existing UK immigration rules.

This may apply in situations where there are exceptional or special compassionate grounds that justify the individual being allowed to stay in the UK.

Another reason for why discretionary leave to remain might be granted is if there would be “unjustifiably harsh” circumstances that arise from deporting a migrant from the UK.

Discretionary leave to remain is normally only granted when normal leave outside the rules guidelines under the European Convention on Human Rights (ECHR) Article 8 are not applicable. Article 8 covers humanitarian protection, asylum, private and family life reasons.

Instead, circumstances where the Home Office may grant discretionary leave to remain may include medical grounds, human trafficking, and others.