Discretionary applications cover cases where a decision-maker has power to decide based on factors beyond the formal criteria, such as humanitarian or compassionate grounds, exceptional circumstances, or discretionary leave. A solicitor practises by assessing eligibility, compiling and presenting evidence, drafting submissions, and advising on alternatives if refused. They liaise with the Home Office and UK Visas and Immigration, review policy and case law, and coordinate any follow-up steps, including possible appeals or further submissions, to safeguard the client’s immigration position.
What a solicitor handles in these matters
The solicitor explains the legal framework and the specific discretionary grounds, identifies potential gaps in evidence, gathers supporting documents, and prepares a robust, structured case for the decision-maker. They handle correspondence with the Home Office, organise timelines, and advise on strategic options within the discretionary scheme, recognising that outcomes hinge on merits, policy evolution, and evidential thresholds rather than fixed criteria.
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