Leave Outside the Rules

When your circumstances fall outside the Immigration Rules

Not every case fits a defined route. The Home Office retains a discretion to grant leave outside the rules, and we advise on whether that discretion can realistically be engaged.

When the discretion applies

Leave outside the rules may be granted where there are compelling compassionate circumstances, or where refusal would result in unjustifiably harsh consequences or a breach of the applicant’s human rights. Typical cases involve serious illness, caring responsibilities, or family circumstances that the rules do not accommodate. Because there is no prescribed checklist, success depends on a well-evidenced application that makes the case persuasively.

• Compassionate and exceptional circumstances
• Article 8 family and private life
• Family members unable to meet the financial or other requirements
• Challenges to refusals

Depending on how the application was framed and decided, a refusal may carry a right of appeal as a human rights claim or may instead require judicial review. We advise on the correct route and act at each stage.

One barrister, from application to appeal

In many firms the application is prepared by one person, the refusal is passed to another, and counsel is instructed only once the matter reaches the tribunal. Here, a barrister is involved from the outset. Your application is prepared with the evidence and legal issues addressed at the start, which is the best protection against refusal. If the Home Office does refuse, the barrister who already knows your case can move directly to the next step, whether that is an administrative review, an appeal or judicial review. Where proceedings need to be issued, we can conduct the litigation on your behalf, so you are not left to deal with the court alone.