Our specialist immigration team has been successful in assisting our client (the “Applicant”) in an application for further leave to remain on the basis of her private and family life in the UK. The Applicant previously entered the UK back in 2016 on a Tier 4 Student visa. We had previously assisted the Applicant in obtaining leave to remain. As a result of our expertise and previous success, the Applicant returned to LEXVISA before her current Biometrics Residence Permit (“BRP”) expired in order to extend her existing leave to remain.
We proved on the Applicant’s behalf that she had maintained the life she established in the UK in order to qualify for the extension. The Applicant suffers from multiple medical conditions for which she is receiving regular, essential treatment in the UK to aid in her recovery. We further had to prove the Applicant held little to no ties left to her home country. Due to the political and economic predicament in her country of birth, it would have been detrimental for her to move back. Even more so due to her having a female partner with whom she could not live openly with, as same-sex relationships are not considered as acceptable there.
Due to our diligent efforts, the Applicant was successful in being granted further leave to remain within just 1 hour of her attending her biometrics appointment. Our expert immigration solicitors outlined and emphasised the Applicant had met all applicable requirements pursuant to Article 8 of the European Convention of Human Rights and the relevant immigration rules.
Our team made strong legal representations and worked diligently to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allows us to deliver outstanding results for our clients.
This successful result proves the benefits of having reputable solicitors such as ours at LEXVISA who will make high quality applications which ensures in faster processing times.
What Is Private And Family Life?
You may be able to apply for leave to remain or Indefinite Leave to Remain (“ILR) on the basis of your private and family life you may have established in the UK. This is one of the available routes for which Article 8 of the European Convention on Human Rights (“ECHR”) awards the right to respect for one’s private and family life.
Family life is usually categorised as relationships with spouses, civil partners, long-term partners, or children under 18. However, not all relationships with other family members are included within this.
In terms of private life, this usually includes, work, studies, social life, community involvement, and long-term medical treatment under the NHS.
While these are examples of what can be classified as private and family life, it is important to note that these are not definitive nor exhaustive and what is actually recognised as private and family life varies depending on the situation and is often shaped by case law. While the Home Office limits family life to relationships with spouses and children under 18, the courts prefer a case-by-case approach. The 2014 Immigration Act states that little weight should be given to private life or relationships formed while in the UK illegally or with precarious immigration status. However, in exceptional cases, your visa may still be granted despite these limitations. It is, therefore, crucial to be able to prove your exceptional circumstances with, for instance, specific documentation. LEXVISA can help you determine your circumstances and the relevant evidence that would be required.
Eligibility Requirements For The Private And Family Life Route
Under the private and family life route, individuals who have lived and built a private life in the UK over several years may be eligible to stay. This category is part of the UK’s family immigration scheme and, as mentioned above, applications are made under Article 8 of the ECHR.
Simply having a private and family life in the UK would not deem you eligible. Eligibility is also heavily dependent on your duration of stay in the UK. The duration of stay required for obtaining a private life visa depends on various factors, such as the person’s age at the time of arrival in the UK and their specific circumstances. To be eligible for a visa on this route, you must already be residing in the UK. In order to prove your eligibility, you must meet one of the following criteria:
- You are under 18 years old and have lived in the UK continuously for at least 7 years. It would be unreasonable to expect you to leave the UK.
- You are between 18 and 24 years old and have lived continuously in the UK for more than half of your life.
- You are 18 years old or older and have lived in the UK for less than 20 years, but would face significant difficulties if you had to live in the country to which you would be required to go.
- You have been living in the UK continuously for 20 years.
- You were born in the UK to a parent who has permission to stay in the UK on the basis of their private life, or who is applying for it.
If you are applying as a family, your family members can be included on the same application however, they will be considered separately.
In essence, the Immigration Rules provides few circumstances under which an individual can succeed in their application to stay in the UK based on their private and family life. If an application does not meet these specific requirements, it may be possible to make an application outside the Immigration Rules, but such applications are only granted in extremely rare circumstances.
Contact LEXVISA to gain advice on whether your circumstances pertain to you qualifying for a visa under this route.
How Long Can You Stay In UK If Your Visa Is Successful On This Basis?
Depending on age and individual circumstances, the duration of stay on a private life visa in the UK varies. You may be able to stay in the UK for 2 years and 6 months on this visa after which you may be able to extend it for a further 2 years and 6 months.
Alternatively, you may be able to stay in the UK for 5 years if you are under 18 and have lived in the UK continuously for at least 7 years or if you are between the ages of 18 and 24 and have spent half of your life in the UK.
Applying for Indefinite Leave To Remain Via The Private And Family Life Route
You may be able to apply for ILR on the basis of your private and family life. The requirements for this route vary depending on age.
With reference to children and young adults, if you were born in the UK and have lived here for 7 continuous years since your birth, you may apply immediately for ILR on the basis of your private life. Alternatively, you may be able to apply for ILR via this route if you can prove all of the following:
- you were first given a visa on the basis of your private and family life when you were between the ages of 18 and 24,
- you arrived in the UK as a child and,
- you have lived in the UK for 5 continuous years with a valid visa.
With reference to adults, you can apply to settle on the private life route if you:
- are aged over 18,
- were given a visa on the basis of your private life in the UK,
- have lived continuously in the UK for 10 years with a visa.
In terms of applications made by either children, young adults or adults, you can include the time you have stayed in the UK on different visas which lead to ILR, as long as you have had one visa granted based on your private and family life for at least one year on the day you apply.
Why Instruct Our Immigration Team?
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a spouse visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a spouse visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.
Authored by Shayyan Haque, Paralegal at Lexvisa / Lexvisa