Private and Family Life Visa

  • If you have established private and family life in the UK and are able to give evidence of that, then you may seek leave to remain in the UK. The right to private and family life is broadly defined in Article 8 of ECHR and we will be able to advise and assist you if your circumstances are such that you would qualify for a grant of leave on this basis.
  • There is a wide range of situations whereby you may be able to apply under this route which provides for a grant of leave for a period of 30 months on a 10 year route to settlement.
  • Under the article 8, the relationships that establish Family and Private Life are Close Family Relations and Wider Family Relations.

Close Family Relations

  • Husband-Wife
  • Civil Partners
  • Same Sex Partners
  • Unmarried Partners
  • Parent(s)-Child
  • Adopted Child

Wider Family Relations

  • Grandparents
  • Grandchildren
  • Uncle-Aunt
  • Nephew-Niece
  • Sibling(s) (adults)
  • Parent(s)-adult children
  • Foster Families

Children Who Have Lived in the UK for 7 Years Continuously

A child who has lived in the UK for 7 years continuously can apply for leave to remain on the basis of private life. Paragraph 276ADE(1)(iv) requires that the applicant must be under the age of 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it should not be reasonable to expect the child to leave the UK. The Primary carers of such children are able to apply under this category alongside the child.

A Person Who is Over the Age of 18 and Under the Age of 25 and has Spent the Majority of their Life in the UK

A person who is over the age of 18 and under the age of 25 can apply for leave to remain on the basis of his private life if he can show that he has spent at least half of his life living continuously in the UK. The application is made using application form FLR (FP) and if the application is successful, the applicant is granted leave to remain for 30 months on a 10 year route to settlement.

A Person Who is Over the Age of 18 and Has Lived Less than 20 Years in the UK but there Would be Very Significant Obstacles to their Country of Origin

A person who is over the age of 18 and has lived continuously in the UK for less than 20 years can apply for leave to remain on the basis of his private life in the UK if he can show that there would be very significant obstacles to his integration into the country to which he would have to go if required to leave the UK. The threshold is very high for someone to satisfy the requirement of very significant obstacles to his integration into his country of origin. Only the applicant with exceptional circumstances are likely to succeed under this category. The application under this category is made by using application form FLR (FP) and if the application is successful, permission to stay will be granted for 30 months on a 10 year route to settlement.

Discretionary Leave to Remain Visa

  • Any Discretionary grant of visa is approved by the Secretary of State outside the Immigration Rules
  • Compassionate or exceptional circumstances of the applicant are given considerable importance while deciding about whether or not leave should be granted on human rights grounds.
  • If your claim for Asylum has been refused by the Home Office on grounds that the department couldn’t recognize you as a refugee and you also couldn’t quality for humanitarian protection, then you may be able to apply for Discretionary Leave to Remain
  • Once your initial period expires, you will have to apply to extend your stay and this decision will depend on your circumstances at the time of your application.

Leave to Remain in the UK Outside of the Immigration Rules

  • When an individual cannot meet the required criteria of any of the categories of the UK Immigration Rules, then the person may have the right to apply for leave to remain outside the immigration rules.
  • The SSHD has the discretion to grant leave outside of the immigration rules
  • This discretion will only be exercised in limited circumstances and to analyse whether the leave should be granted, other factors will be assessed such as if the person’s human rights have been breached.