Prior to 09 July 2012, the applicants were able to make an application on the basis of the fact they had established private and family life in the UK through the course of their residence, work and having strong connections with this country. The applications were usually made under Article 8 of the Human Rights Act 1998.
From 09th of July 2012, the home office has categorized such cases and brought these matters to be considered under the immigration rules. Now, in order to make any such applications, the applicant must be able to fulfill the relevant requirements of the immigration rules and fall under one of the following categories:
- The applicant has lived continuously in the UK for at least 20 years; or
- The applicant is under the age of 18 years and has lived continuously in the UK for at least 7 years and it would not be reasonable to expect the applicant to leave the UK; or
- The applicant is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK; or
- The applicant is aged 18 years or above, has lived continuously in the UK for less than 20 years 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
- 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
- has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
- 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
- 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
- has spent a total of more than 18 months absent from the United Kingdom during the period in question.
- 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.
- 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 above 18 and less than 25 years having spent half of his life in the UK
In these cases, it is considered that a child having spent half of his life in the UK would have established strong bond and ties with this country and it would not be reasonable to require him to leave the UK. There have been several cases where the child accompanies parents as their dependent and later the parents’ immigration status becomes precarious and the child ending up in the same situation as his parents were in. This immigration category is to cater such cases where children (who become adults) who have spent half of their lives in the UK in recognition of their established private lives.
- 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:
- Cultural background
- Length of time spent in home country
- Presence of family / friends in home country
- 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.
The applicant needs to make sure that he fulfills all the requirements of this application and is able to provide the relevant documentary evidences confirming the same. Making an application even a single day before completing the required time period i.e. 20 years or half of life or seven years, whichever the case may be, may result in refusal of the application.
If approved, the applicant will be given 30 months of leave on 10 years route, which means that he would need to apply for extension of his leave to remain for at least 3 more times in order to complete 10 years of legal and continuous residence in the UK.
This is a complex part of immigration law and we strongly advise to seek professional help from.
If initial application has been approved, the applicant will need to apply for extension of his visa for another 30 months which will be granted on the same basis. Such applications may also be made using UK Visa premium service.
How our Immigration Solicitors can help you in your Private life application?
Our team of UK Immigration Lawyers can expeditiously deal with the applications for Private life visa application.
Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your Private life visa application under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
- Our Immigration Lawyers shall discuss your Application for Private life Visa and advise you on the required documents and procedure .
- It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
- We shall never surprise you with hidden charges/fees.
At Chauhan Solicitors, we offer our expertise of advising and representing our clients in making their applications for Private life Visa. We are just a phone call or an email away and are available at 0203 514 2536 or firstname.lastname@example.org and once in contact, be assured that you are in safe hands.