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
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.
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.
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.
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.
Super Priority service is also available for initial and extension applications and the applicants generally receive the decisions within 24 hours. We have dome numerous applications successfully using super priority service and rightly placed to advise and represent our clients who are eligible for initial or extension application on such basis.
Our Immigration Solicitors can expeditiously deal with your immigration matters by advising on the merits of visa applications, required documentation and relevant procedures.
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. Our Immigration Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your immigration matter 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:
- Our immigration solicitors will discuss the details about your immigration matter, assessing the merits and advise you on the law, procedure and other requirements for the whole process.
- Our immigration solicitors shall keep you updated on the progress of your immigration matters and advise on any procedures involved and give time estimates and merits throughout the pendency of your immigration matters.
- Our immigration solicitors shall also advise on alternative immigration options where you may be eligible to switch into which may be more beneficial.
- Our immigration solicitors are based in central London (EC2Y 9ST) and are therefore based in convenient access of clients from all over London and even from outside London.
- Our immigration solicitors are specialist immigration solicitors who are able to handle all types of immigration work including entry clearance applications, further leave to remain applications, Indefinite Leave to remain applications, Immigration Appeals, Judicial Reviews, EEA applications, Settled and Pre-settled applications, Immigration bail applications and other complex immigration matters.
- Our immigration solicitors are one of the best immigration solicitors in London as several of our clients have stated in their reviews of our services.
- Our immigration solicitors have teamed up with the best immigration barristers in and outside London who are immigration specialists and well equipped to represent our clients in any complex immigration matters.
- Our immigration solicitors charge on an agreed basis (except Judicial Review matters) which is competitive and never surprise you for any other hidden fees or costs involved.
Our Immigration Solicitors 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 will be in safe hands.