Private Life Applications – 10 years Route

Private Life Applications – 10 years Route
 

Applications for leave to remain on the basis of private life in the UK are made under paragraph 276ADE of the Immigration Rules. Private life applications include application on the basis of 20 years long residence, application on the basis of 7 years child residence, application on the basis of being over the age 18 and under the age of 25 and living half of the life in the UK continuously and application on the basis of significant obstacles to integration in your country of origin. Such applications are usually made using the application form FLR (FP) and leave is granted under 10 years route to settlement.

 

Requirements To Be Met By An Applicant For Leave To Remain On The Grounds Of Private Life

276ADE (1). The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:


1.    does not fall for refusal under any of the grounds in Section S-LTR 1.1 to S-LTR 2.2. and S-LTR.3.1. to S-LTR.4.5. in Appendix FM; and
2.     has made a valid application for leave to remain on the grounds of private life in the UK; and
3.    has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
4.    is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
5.    is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
6.    subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

 

Applicant having lived continuously for 20 years in the UK

Continuous residence is considered to be broken when the applicant is:


1.    has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
2.    has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
3.    left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
4.    has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
5.    has spent a total of more than 18 months absent from the United Kingdom during the period in question.
6.    has spent more than 6 months outside the UK in one go
The applicant needs to provide evidences confirming that he has resided in the UK continuously for 20 years for him to be granted leave to remain under this category.

 


Initial Application Under 7 Years Child Residence Route

A child who has lived in the UK for 7 years continuously can apply for leave to remain on the basis of private life. Paragraph 276ADE(1)(iv) requires that the applicant must be under the age of 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it should not be reasonable to expect the child to leave the UK. The application on the basis of 7 years residence of the child is made using application form FLR (FP).


The outcome of such application is a dependent on many factors including:


1.    the best interests of the child;
2.    the immigration status of the parents of the child;
3.    the financial circumstances of the parents of the child which would affect the well-being of the child in their country of origin;
4.    the circumstances in the country to which the child and the child's parents can be required to go and live in;
5.    any medical conditions of the child or of the parents of the child;
6.    any special needs of the child including any medical and educational needs of the child; 
7.    any special circumstances showing exceptionally strong private life established by the child in the UK which will be completely lost resulting in compromising the well-being of the child;
8.    any psychological effect on the life of the child, etc.
The successful applicant will be granted leave to remain for 30 months under the 10 years route to settlement whereby an application for Indefinite Leave to Remain (ILR) can be made after 10 years of continuous residence in the UK under this visa category.

 

Applicant above 18 and less than 25 years having spent half of his life in the UK

A person who is over the age of 18 and under the age of 25 can apply for leave to remain on the basis of his private life if he can show that he has spent at least half of his life living continuously in the UK. The application is made using application form FLR (FP) and if the application is successful, the applicant is granted leave to remain for 30 months under the 10 years route to settlement.

 

Child under 18 years of Age having lived in the UK for 7 years

This category is for children who have lived in the UK for 7 years, including those children who were born in the UK and the ones who came to the UK and resided here for 7 years. Seven years of residence alone is not sufficient and it should also be explained that it is not reasonable to expect the child to leave the UK.


Applicant having lived in the UK for less than 20 years facing very significant obstacles in moving back to home country

This depends on the question of fact whether the applicant is able to establish that though he has lived in the UK for less than 20 years but he would face very significant obstacles in moving back to the home country. The applicant is expected to provide original, independent and verifiable documentary evidences to establish his case. “A very significant obstacle to integration” means something which would prevent or seriously inhibit the applicant from integrating into his home country. The fact that the applicant may find life difficult or challenging in the country of return does not mean that he has established that there are “very significant obstacles to integration”. Following factors are taken into consideration in assessing the applicant’s integration in his home country, the list is not exhaustive though:


1.    Cultural background
2.    Length of time spent in home country
3.    Presence of family / friends in home country
4.    Faith, political or sexual orientation or sexual identity


The courts are continuously in the process of defining “very significant obstacles” and have allowed several appeals where the applicants have been able to establish their cases.


Why You Should Contact International Immigration Regarding This Case?
 

Ms Maeda Mobayyen, Principal Solicitor at International Immigration, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws.

Whether you are a small to medium sized business in need of skilled workers in your UK office, or a global corporation that need to transfer staff from one country to another, our specialist team of immigration solicitors can help.

We have the benefit of regulation with the Office of Immigration Services Commissioner (OISC).


Our solicitors combine an in-depth knowledge of the law and its practical application to your case, with a firm belief in your right to legal assistance and to committed representation throughout your matter. Our solicitors place service to the public above all else and are able to advise on the best possible course of funding in the event you do not qualify for legal aid. Our rates are competitive and we can also explore the opportunity to fund your case on a fixed fee basis.

Our Immigration Solicitors will provide the best possible Immigration advice / consultation under direct supervision of Maeda Mobayyen. 

After consultation, if you wish us to start preparing your case, you can expect the followings from our us:


•    Our immigration solicitors will discuss the details about your immigration case, assess and advise you on the law, procedure and other requirements for the process.

•    Our immigration solicitors will liaise with the immigration officer for expeditious decision on the application;

•    Our immigration solicitors shall keep you updated on the progress of your immigration matters.

•    Our immigration solicitors will advise you about the implications of the Home Office decision on your application.

•    Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;


Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including


•    Immigration bail applications 
•    Immigration Appeals
•    Judicial Reviews
•    Indefinite Leave to remain applications, 
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•    EEA applications 
•    Settled and Pre-settled applications 
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•    Our immigration solicitors are some of the best solicitors in London.

•    Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for retaining your right of residence;

•    In International Immigration we have been teamed up with the some of the best immigration barristers in and outside London who are specialist in immigration matters. 

•    We will help you pay the spouse visa application fee and the Immigration Health Surcharge (IHS) for the spouse visa application;


You can reach International Immigration on 07587691074 or info@internationalimmigration.co.uk


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