When to apply for Discretionary Leave and Indefinite Leave to Remain on compassionate grounds. In my previous article, I explained that how not to be caught by any general grounds for refusal is one of the keys to a successful visa application. Any help will be really appreciated. Discretionary leave to remain (DLR) provides the Home Office with the power to grant a person leave to remain in the UK if their application falls outside the Immigration Rules but there are exceptional compassionate circumstances or there are other compelling reasons to grant leave.. When applying for DLR it is often best to instruct an Immigration lawyer to help you make the application. ... medical problems where the person’s life will be at peril if returned home because only the UK can offer suitable medical treatment. Human rights cases: medical grounds. The application will definitely be refused if you are caught by one of the mandatory grounds for refusal. Most of my doctors' friends in Pakistan suggested to stay in UK till my son gets well. Article 8 of the Human Rights Act 1998. The application may be refused if you are caught by one of the discretionary grounds for refusal. 9.10: Applications for discretionary leave by an individual with a positive conclusive grounds decision 9.10.1: No fee is payable in respect of an application or request for the first grant of limited discretionary leave for a Trafficking Convention reason, where the individual has received a positive conclusive grounds decision. Prior to 9 July 2012 the Home Office would often grant discretionary leave to remain when leave was being granted outside of the Immigration Rules. Thank you This is known as discretionary leave on ‘compassionate grounds’, and means that you could be able to bypass the standard immigration rules that would otherwise stop you being able to apply for a right to remain. trasar wrote:Is it possible to apply for indefinate leave to remain on medical grounds?My friend has been in the UK for over 5 years on a student visa. There are two types of grounds for refusal: mandatory and discretionary. My son's consultant offered to give me a letter that will help to apply for the visa on medical ground. He makes an application for discretionary leave to remain in the UK after 11 years of being in the UK and he is granted discretionary leave to remain. Mandatory and Discretionary . Legal Updates. I am wondering if this make a good case to apply for discretionary leave on medical grounds. Many claims of discretionary leave may centre or rely predominantly around Article 8 of the Human Rights Act 1998. What is a ‘medical’ case? Discretionary Leave to Remain on Medical Grounds Discretionary go away to remain may be granted if a person requires medical treatment which is not to be had in their domestic united states. He has sickle cell and gets quite poorly, which in turn effects his ability to study full time and work to support himself. The Immigration Rules changed drastically on 9 July 2012, but the Home Office has in place transitional provisions. Mandatory and Discretionary Grounds Mandatory Grounds for Refusal for Leave to Remain Applications. In this context, we are talking about someone seeking the right to stay in the UK because they need medical treatment that is not available to them in their country of origin.. Discretionary leave to remain exists to cover cases where it would be unjustifiably severe to remove someone from the UK. Discretionary leave. Discretionary General Grounds for Refusal for Entry Clearance Applications. February 10, 2019 . 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