Currently, the private life route is incorporated into the Immigration rules. The relevant sections of the Immigration Rules for the consideration of Article 8 claims include paragraph 276ADE, which addresses the private life component of an Article 8 claim, and Appendix FM, which addresses the family life component of an Article 8 claim.
ELIGIBILITY FOR LEAVE BASED ON PRIVATE LIFE
To bring a private life claim under the Immgiration rules, applicants must meet one of the requirements listed below.
- For the last two decades, I’ve lived in the United Kingdom (discounting any period of imprisonment)
- Under the age of 18 and have resided continuously in the United Kingdom for seven years, and it would be unreasonable to expect the individual to leave the country
- Between the ages of 18 and 24, and having lived in the United Kingdom continuously for at least half of that time (discounting any period of imprisonment)
- Aged 18 or over, have spent less than 20 years in the UK (excluding any period of imprisonment), and would face significant integration difficulties if they left the UK.
Additionally, applicants must meet the suitability requirements established to protect the public interest and legitimate objectives, which include criminal convictions, failure to pay litigation costs, and NHS debts. Anyone may apply for private life, regardless of whether they have valid leave to remain or are an overstayer. Additionally, there are no English language requirements or minimum income requirements. Each application is evaluated on its own merits, and the degree of integration into the UK will always be a deciding factor.
A family life application may also be made if the applicant has a parental relationship with a child who is settled in the UK or is British, or if the applicant has a genuine and continuing relationship with a UK partner and there are insurmountable obstacles to continuing family life with that partner outside the UK. To obtain settlement under the Private life route, the applicant must spend 120 months under that route. Additionally, a leave to remain application may be made for purposes not covered by any of the FLR application forms (HRO).
WHAT CAN WE DO?
We have a vast experience in assisting clients with human rights, family and private life visa applications. We can assess the applicant’s circumstances, determine if the refusal would violate any human rights, and prepare necessary legal submissions. We are approachable, innovative, and going the extra mile for our clients. Our Immigration team is dedicated to providing clients with clear, transparent, and reliable advice.
QUESTION AND ANSWER
Q:CAN ALL HUMAN RIGHTS APPLICATIONS BE APPEALED? A:
No appeal right unless the Home Office certifies the claim as clearly unfounded. A Judicial Review can be used to challenge this certification.
Q:HOW CAN I PROVE IT WILL BE DIFFICULT TO REINTEGRATE?
A: For example, if an individual does not speak the language and cannot learn it, it may be deemed difficult to integrate in the country of return.
Q:WHAT LEAVE DO I GET AFTER 20 YEARS?
A: The applicant will be granted 30 months of renewable leave. A grant of leave usually comes with a condition that no public funds be used. After 10 years of leave, applicants can apply for settlement.
Q: AFTER 14 YEARS IN THE UK, CAN I APPLY?
A: Since 2012, the 14-year rule has been replaced by a 20-year rule. Individuals may apply for leave after 14 years if other human rights reasons warrant it, but it is not automatic.
Q:CAN A CHILD’S FAMILY SEEK LEAVE AFTER 7 YEARS IN THE UK?
A: The Immigration rules allow single parents to apply under the parent route (Appendix FM). There is no specific provision in the Immigration Rules for granting leave to parents of a child who spent 7 years in the UK and who are still together. Depending on the situation, parents may need to apply for leave outside the rules. If the child qualifies for leave, the family is usually granted leave under the private life route.