In the past the Home Office often granted individuals Discretionary Leave to Remain outside of the rules if they made certain types of application, normally asylum based, and didn’t meet the rules, but there were other compelling or compassionate circumstances to their case.
Ordinarily Discretionary Leave was granted for a period of 3 years and individuals were required to then renew the leave for a further 3 years. Once someone has completed 6 years Discretionary Leave, then they become eligible to apply for Indefinite Leave.
In accordance with the UKVI policy in place prior to the introduction of Appendix FM on 9 July 2012, for those applying for Indefinite Leave to Remain, the Home Office have confirmed that for individuals on this particular route, it is not necessary to meet the KOLL requirements - Knowledge of Language and Life in the UK.
The Home Office have detailed this in their policy guidance and it means that individuals applying under this route do not need to take the Life in the UK test or the English language test. See Home Office guidance found at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/182545/statement-of-intent-koll.pdf.
If you need assistance with an application for Indefinite Leave after completing the requisite period of Discretionary Leave, then please do not hesitate to contact Andre Minnaar or Melissa Southall in our Immigration team on 0808 166 8831.
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