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The rules about "Leave Outside The Rules" (LOTR)

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secret.simon
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The rules about "Leave Outside The Rules" (LOTR)

Post by secret.simon » Wed Apr 29, 2020 8:14 am

Most people would think that Leave Outside The Rules (LOTR) means that there are no rules to it. But there are. It simply means that this type of Leave is granted outside the Immigration Rules.

But to ensure that such leave does not render the Immigration Rules themselves otiose, there is a broad range of rules around LOTR. And Freemovement has just written an article about them.

Briefing: what is leave outside the Rules?
This (LOTR) is a general term that takes in all types of leave granted otherwise than in accordance with the Rules, instead being based on the Home Secretary’s residual discretion under the Immigration Act 1971.

“Residual discretion” does not mean that Home Office civil servants can grant leave outside the Rules in any case that takes their fancy. Although leave outside the Rules comes in different varieties, which we’ll outline in this post, they all come with strict policies on when they can be granted.

...Arguably, the main thing these applications have in common is high refusal rates. Attempting an application outside the Rules is rarely a good idea in circumstances where an applicant has a viable alternative under the Immigration Rules.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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