Leave outside the Rules—the Secretary of State’s powers and policies
Produced in partnership with Ed Mynott

The following Immigration practice note produced in partnership with Ed Mynott provides comprehensive and up to date legal information covering:

  • Leave outside the Rules—the Secretary of State’s powers and policies
  • The Immigration Rules and the exercise of discretion
  • Exercising discretion outside the Immigration Rules
  • The Leave Outside the Rules policy
  • The Discretionary Leave policy
  • Section 3.2—Medical cases
  • Section 3.3—Other breaches of ECHR
  • Section 3.4—Exceptional circumstances
  • Section 3.5—Modern slavery cases (including trafficking)
  • Section 3.6—Exclusion and criminality
  • More...

Leave outside the Rules—the Secretary of State’s powers and policies

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

This Practice Note considers the power which Home Office caseworkers enjoy to grant leave outside the Immigration Rules, and what policies govern the exercise of that power.

The Practice Note: Making an outside the Rules application covers the factors which will need to be considered when advising clients who may not meet all of the requirements of any category of the Immigration Rules, as well as the main methods of application and whether any remedy is available in the event of a decision to refuse leave or to remove from the UK.

This Practice Note should also be read in conjunction with the Practice Notes on art 8 claims which deal, in more detail, with the Secretary of State’s incorporation of art 8 assessments into the Immigration Rules and the continued need to make

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