Our immigration solicitors in London received some wonderful news earlier this week that our client (“the Applicant”) had been granted leave to remain on the grounds of her Private Life in the United Kingdom. The Applicant was a returning client who we had initially assisted with a leave to remain visa 30 months ago. Our specialist immigration team specialises in all UK immigration applications and the team has a high success rate to show for their expertise.
Background to Leave to remain on grounds of Private Life
The Applicant was a national of South Africa and she had initially entered the United Kingdom as a Tier 4 Student and subsequently obtained a visitor visa. The Applicant overstayed on her visitor visa as her personal circumstances had changed. The Applicant’s health had deteriorated and she needed support from her family who were settled in the United Kingdom. The Applicant did not have any family to support her in South Africa. We assisted the Applicant with a leave to remain on the grounds of private life application and her application was granted. The Applicant was granted a further 30-month visa. Our immigration solicitors in London prepared a successful application by preparing comprehensive legal representations and by working with the Applicant in gathering the necessary documentary evidence in support of her application.
What is Leave to remain on grounds of Private Life?
You can apply for leave to remain on the grounds of your Private Life if you need a temporary visa or visa extension and do not meet the requirements of any of the applications under the Immigration Rules. You will need to demonstrate to the Home Office that there are compassionate and compelling circumstances preventing you from leaving the United Kingdom.
How much does a Leave to remain on grounds of Private Life cost?
The Home Office application fee is £1,033 and there is also a fee of £19.20 for biometrics. In addition to the Home Office fees, there is also an Immigration Health Surcharge (IHS) payment of £400 per year (likely to be increased to £634 in October 2020). It is possible to apply for a fee waiver if you need financial support with the Home Office visa application fees. The onus will be on you to demonstrate that you are in need of financial assistance. However, you should always take legal advice before requesting for financial support as it could have an adverse impact on your application.
What are the requirements for Leave to remain on grounds of Private Life?
A leave to remain application on the grounds of Private Life is unique as the onus is on the Applicants to provide evidence in relation to their personal circumstances. Unlike all the other visa routes for this visa route, there is no fixed set of requirements or mandatory documents. Paragraph 276ADE of the Immigration Rules governs discretionary leave applications. There are a number of different categories under the leave to remain on the grounds of Private Life route. Paragraph 276ADE as it states:
- (i) 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
- (ii) has made a valid application for leave to remain on the grounds of private life in the UK; and
- (iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
- (iv) 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
- (v) 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
- (vi) 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.
In January 2019, the Home Office updated its guidance and clarified what significant obstacles to integration actually meant. A ‘very significant obstacle to integration’ means something, which would prevent or seriously inhibit the applicant from integrating into the country of return. When considering the ‘significant obstacles to integration’ issue the Home Office has a duty to consider the following:
- Cultural background;
- Length of time spent in the country of return;
- Family, friends, and social network;
- Faith, political or sexual orientation or gender identity; or
- Common claims.
The key to submitting a successful application is providing strong evidence of your personal circumstances. Our Immigration Team has ample experience in submitting successful Private Life applications and is able to provide you with a bespoke documents list outlining what documents are required for your application giving your Private Life application the best chance of success.
How our immigration solicitors can help with Leave to remain on grounds of Private Life?
Our immigration solicitors in London specialise in leave to remain applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful applications, especially where there are complexities. The key to submitting successful applications is being aware of the relevant Immigration Rules and more importantly the latest case law. Our immigration solicitors in London guided the Applicant through the requirements and prepared detailed legal submissions. In addition to the legal representations, our team of solicitors also provided multiple substantial reviews of the Applicant’s documents to ensure that she submitted the correct documentary evidence. We also prepared and assisted the Applicant with booking a premium visa service appointment and the application form.
Using our immigration solicitors in London to submit to Leave to remain on grounds of Private Life applications
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a leave to remain on grounds of Private Life application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your leave to remain application succeeds, all necessary documents must be provided. Our immigration solicitors in London are able to assist you throughout the entire visa process.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative; our immigration solicitors in London can help ensure that your application meets the Immigration Rules.
Successful Leave to remain on grounds of Private Life application with our immigration solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. Our immigration solicitors in London offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. Our immigration solicitors in London can assist you with the preparation and submission of your settlement application and ensure that you meet all the requirements of the relevant rules.
We 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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful leave to remain application on the grounds of Private Life. 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.