Written by Mahfuz Ahmed.

 

Under paragraph 276ADE of the Immigration Rules, an applicant can make an application for leave to remain on the basis of their Private life established in the United Kingdom.

 

These applications are considered in accordance with Article 8 of the European Convention on Human Rights, which protects your right to respect for your private and family life.

 

Successful private life applications, will result in limited leave to remain in the UK which is usually for 30 months. The applicant must then apply for extensions until 10 years continuous leave has been accumulated in the UK, following which the applicant can apply for Indefinite leave to Remain.

 

The Home Office have now published guidance detailing new concessions permitting private life applicants (aged 18 – 24) to apply for indefinite leave to remain after 5 years continuous leave as opposed to 10 years.

 

The Home Office’s guidance titled ‘Concession for granting longer periods of leave and early indefinite leave to remain’

 

The Home Office guidance published recently on 21st October 2021, states that to be eligible under the concession, the applicant must meet the following

 

  • Be aged 18 years or above and under 25 years of age and has spent least half of his/her life living continuously in the UK (discounting any period of  imprisonment);
  • Have either been born in or entered the UK as a child;
  • Have held five years limited leave; and
  • Be eligible for further leave to remain under paragraph 276ADE(1) of the Immigration Rules and have made an application under those rules.

 

Should an applicant meet the above criteria, then they will be granted indefinite leave to remain under the new concession policy.

 

Our comments

 

It appears that the Home Office have recognised that those that fall within the above criteria are adults that have come as children to the UK and should not be treated similarly to applicants that arrived in the UK as adults.

 

This is a much welcomed change introduced by the Home Office which will save many private life applicants both time and significant expense.

 

Should you have any questions relating to the Home Office’s new concession, then do not hesitate to contact us.

 

 

Have questions? Get in touch today!

 

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