Private Life Applications for Adults Background
Article 8 of the European Convention on Human Rights (ECHR) declares that everyone has a right to respect for their “private and family” life however this right can be overruled by Government when it is in the public interest. To ensure that the Immigration Rules are in fact compliant with the Articles under the ECHR, the Home Office have set out several limited circumstances where it will allow an applicant to remain in the UK because of their private life. The Home Office also appreciates that there are certain persons within the United Kingdom who still may not be eligible for a visa consistent with the current Immigration Rules. In many instances, therefore, the Home Office has the power to grant Discretionary Leave to Remain (DLR) outside of these rules.
Private Life Applications
Private Life Applications are available for persons whose stay in the UK is no longer based on a lawful foundation. UK Immigration Rules therefore dictate that a person can make an application for leave to remain because of their private life and residency in the UK. This type of application is sought by persons who have no valid immigration status in the UK but wish to remain there. Most applicants are not habitual offenders but instead have found themselves a victim of intricacy of law. The onus therefore is on the applicant to prove to the Home Office that there are compelling circumstances preventing them from leaving the UK. It is evident however that the Immigration Rules cannot cover every situational possibility in respect of an applicant therefore the Home Office must consider cases uniquely outside of these rules.
Discretionary Leave to Remain in the UK (DLR)
Discretionary Leave to Remain is granted outside of the Immigration Rules but it is rare for these types of applications to be granted unless an applicant can evidence exceptional circumstances for their need to remain in the UK. The Home Office set a high threshold when considering DLR cases and only exercise their discretion to grant an applicant leave to remain when there is total confidence that there is no other reasonable option for the applicant but to remain in the UK.
Requirements for Leave to Remain in the UK
Applications for Leave to Remain in the UK because of Private Life are possible in various contexts. You may be eligible therefore:
- If you are aged under 18 and have lived in the UK for the last 7 years uninterrupted and it would in fact be unreasonable to ask you to leave.
- If you are aged between 18 and 24 and have lived in the UK for more than half of your life.
- If you are aged 18 or older and have spent less than 20 years in the UK and it would in fact be unreasonable to ask you to leave for another country where you do not know the language.
- If you are aged 25 and older and have lived in the UK uninterrupted for 20 years.
Continuous residence or living uninterrupted in the UK occurs when there is no broken period of dwelling. Even short periods outside of the UK for 6 months or less are not enough to break this uninterrupted residency.
Private Life Applications for Adults Background Eligibility
Private Life applications can be made by both those who are still in the UK as an overstayer (person illegally remaining within a country after permission has expired) or those with leave to remain whose circumstances may have changed. There are limited requirements in that there are no English Language or minimum income conditions placed upon applicants. However, public interest is a major consideration as well as an applicant’s integration to the UK economy and way of life. Other factors that the Home Office consider favourable are family in the UK (particularly British children), limited or no connection to your country of origin as well as overall time spent in the UK.
Private Life Applications for Adults Background Application Process
An applicant can only submit a Private Life Application if present in the UK and you must complete the relevant form online. There is no need to have valid immigration status prior to making your application although a Private Life Application should be considered a last resort when an application within the Immigration Rules is not possible. There is a greater need to ensure that you submit the correct documentary evidence therefore specialist legal advice would always be suggested in the first instance.
Private Life Applications for Adults Background Fees
There are fees associated with a Private Life Application including a health surcharge and these should not be overlooked. If an applicant is unable to pay the fees at the time, there is a fee-waiver option. However, it can be difficult to secure a fee-waiver because of the stringent conditions therefore specialist legal advice would be appropriate in this circumstance to avoid any adverse impact to your application.
10 Year Path to Settlement
Successful applicants are initially granted periods of 2 years and 6 months. Once an applicant has lived in the UK uninterrupted for 10 years on this route, the applicant will then be eligible for settlement.
Grounds for Refusal
There are no specific grounds for refusal in respect of a Private Life Application but there are factors that may go against an applicant such as poor immigration history or criminal convictions. The Home Office considers each application uniquely therefore it is necessary to provide strong evidence of your personal circumstances and need to remain in the UK. Life of a person established in the UK is not enough to warrant a successful application. Applicants, therefore, should detail all the significant obstacles faced if forced to return to another country where they have spent no formative years, have no family present, and do not speak the language.
Additional Advice
Private Life Applications for Adults require attention to detail in respect of the current Immigration Rules. The need to provide the correct supplementary evidence alongside your application is also fundamental to its success. Our specialist team of immigration solicitors are both knowledgeable and experienced in guiding applicants through the application process. If you require assistance in completing your Private Life Application, then please do not hesitate to contact us.
Our experienced immigration lawyers are on hand to offer you expert advice whatever your immigration case, contact us to book your consultation. Consultations are priced at £199 including VAT.
