The private life path is now incorporated into the immigration laws. The relevant sections of the Immigration Rules for the evaluation of Article 8 claims are paragraph 276ADE for determining the private life factor of an Article 8 claim and Appendix FM for determining the family life factor of an Article 8 claim.
Eligibility for leave on Private Life grounds
In order to make a private life claim within the Immgiration rules, the applicants must satisfy one of the below requirements.
- Lived in the UK continuously for 20 years (discounting any period of imprisonment)
- Under the age of 18 and have lived in the UK continuously for 7 years and it would be unreasonable to expect the person to leave the UK
- Aged between 18 and 24 and lived in the UK continuously for at least half of that life (discounting any period of imprisonment)
- Aged 18 or over, have spent less than 20 years (discounting any period of imprisonment) in the UK and would have very significant obstacles to integrate into the country required to go from the UK
In addition, candidates must meet the suitability requirements, which include criminal convictions, failure to pay legal fees, and NHS debts, and are aimed to meet the public interest and legitimate goals. Anyone, whether they have lawful authorization to remain or are an overstayer, can apply for a private life permit. It’s also worth mentioning that there are no English language requirements or income minimums. Each application is evaluated on its own merits, and the degree of integration with the UK will always be a factor. If the applicant has a parental relationship with a child who is settled in the UK or is British, or if the applicant has a genuine and ongoing relationship with a UK partner and there are insurmountable obstacles to family life with that partner continuing outside the UK, an application can be made on the basis of family life. Any leave given through the Private Life route must be used for a total of 120 months in order to be settled. It is also possible to apply for permission to remain for reasons not covered by any of the FLR application forms (HRO).