Private Life Application Under Paragraph 276ADE Of Immigration Rules
The private life applications on the basis of private life established in the UK by the applicants are made under paragraph 276ADE of the Immigration Rules. The private life applications are considered as human rights applications under Article 8 of the European Convention on Human Rights (EHR) and refusal of such applications will normally attract an in-country right of appeal against the refusal of human rights claim unless the human rights claim is certified by the Home Office UKVI as manifestly unfounded.
Applications based on private life under paragraph 276ADE can only be made from inside the UK and one cannot submit such application from outside the UK. Furthermore, the private life route is a 10-year route. There is no 5-year route to settlement for those who seek to rely on their private life to remain in the UK.
Following are the various applications which can be made by a person based on his/her private life in the UK under paragraph 276ADE of the Immigration Rules:
20 Years Long Residence Applications
The 20 years long residence applications are made on the basis of private life in the UK by virtue of paragraph 276ADE of the Immigration Rules. A person who has spent 20 years continuous residence in the UK whether can apply for limited leave to remain for 30 months under paragraph 276ADE of the Immigration Rules.
The 20 years long residence category replaced the old 14 years long residence category in 2012.
7 Years Child Residnece Route
The 7 years child residence route is for a child who has lived in the UK continuously for 7 years whilst the child is under the age of 18.
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 parents and siblings of the child can also apply for leave to remain along with the child who has lived in the UK for 7 years continuously. The child’s private life and the child’s best interests as envisaged under Section 55 of the Borders, Citizenship and Immigration Act 2009 are the main basis for such application.
Applications On The Basis Of Spending Half Of Life Continuously In The UK As A Person Aged 18 to 24
You can apply for leave to remain on the basis that you are over 18, under 25 and lived half of your life in the UK continuously. Only applicants who entered the UK when they were under the age of 12 and half years can qualify for leave to remain on the basis of spending half of life in the UK. An application under this category can only be made whilst the applicant is still under the age of 25. Once the applicant turns over 25, it will no longer be possible to meet the requirements of the ruels for an intial application.
Application On The Basis Of Very Signifant
You can apply for leave to remain in the UK if you are over the age of 18 and can show that there are very signifcant obstacles for your integration in the society of your own country. 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.
A ‘very significant obstacle to integration’ means something which would prevent or seriously inhibit the applicant from integrating into the country of return.
As specialist immigration solicitors dealing with private life applications, we can provide fast, friendly, reliable and fixed fee legal services for following applications on the basis of very significant obstacles to integration in the country of origin or nationality of the applicant:
