The Home Office has introduced an important new concession in their policy guidance which will allow those aged between 18 and 24 to be granted indefinite leave to remain after 5 years of limited leave in the UK.
Previously, unless there were exceptional reasons to grant indefinite leave to remain, applicants in this age group could only be granted indefinite leave to remain after 10-years of residence in the UK with limited leave.
The Private Life route
The Immigration Rules allow people aged 18-24 inclusive, who were born or entered the UK as children and who have spent at least half of their lives living continuously in the UK, to apply for permission to stay in the UK.
The reason for this change is the Home Office’s recognition that the 10-year settlement policy may not apply proportionately to everyone and that those who were born in the UK or entered the UK as children and who are fully integrated into UK society cannot always be considered responsible for any previous non-compliance with immigration laws.
In addition to checking that various eligibility requirements are satisfied, the Home Office will also consider the applicant’s personal circumstances such as the age at which they arrived in the UK, their length of residence in the UK, the strength of their connections and integration in the UK as well as their previous immigration history.
Although meeting the basic eligibility requirements does not guarantee the grant of indefinite leave to remain, this concession is a much-welcomed change as it creates the possibility of a shorter path to permanent status for young adults who have spent a significant portion of their lives in the UK and are integrated into society.
How Gherson can assist
Applications under the Private Life route can be complex and challenging. Gherson has extensive experience in all aspects of UK immigration law. If you have any queries relating to this route or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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