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Private Life in the UK

Have you lived in the UK for the required number of years? The ‘private life’ route has replaced the old 14 year route, and allows people who have been in the UK for a considerable period of time to apply to regularise their stay. It offers some concessions that weren’t in the earlier Rules, but has taken away the immediate settlement that used to be granted after a successful application under the 14 year route. Now you only become eligible to apply for settlement 10 years after first being granted leave on the basis of your private life. There are four categories of eligibility under the private life route: 1. Children who have lived in the UK for at least seven years Children who have lived in the UK for at least 7 years can apply, though you need to show that it would not be ‘reasonable’ to expect the child to leave the UK. What will be considered reasonable is not defined, but it is important to show how integrated the child is to life in the UK. 2. Young people aged between 18 and 25 Young people aged between 18-25 can apply if they have lived in the UK for at least half their lives. 3. People who have lived in the UK for at least 20 years People who have lived in the UK for at least 20 years can also apply. These are very evidence-based applications, and so the more documents you have to show that you have lived in the UK for this length of time, and the more ties you can show to the UK, the greater the chance of your application being successful. 4. People who have lived in the UK for less than 20 years who can show that they have no ties at all with their home country In the words of the Rules, no ties including social, cultural or family. In other words, you have to prove that you have no friends from your own community and haven’t spoken to your family since you left. It is almost impossible to make a successful application on this basis.

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Rights of Access

If your child lives in the UK and is British or has Indefinite Leave to Remain, you can make an application to live in the UK based on your relationship with your child. This application is only for people who are not in a relationship with the child’s other parent, and if the child isn’t already living with you, you have to show that the person with whom your child lives is either British or has Indefinite Leave to Remain. Just having a child living in the UK isn’t enough – you need to show either that you have sole responsibility for your child, or that you have the right of access to the child (this can either be a formal arrangement, through the courts, or an informal arrangement, between you and the child’s other parent). You also need to be able to demonstrate that you take an active part in your child’s life. This application can be made from the UK or from overseas. You can apply for settlement after five years. MAINTENANCE & ACCOMMODATION You are free to take any employment you like on this visa, but not to access public funds. You must show that you are able to maintain yourself in the UK, and that you have suitable accommodation arranged, when you apply for your visa. ENGLISH LANGUAGE REQUIREMENT If you are not a national of an English speaking country, and don’t have a degree that was taught in English, you need to have passed the Speaking and Listening elements of an approved English test at level A1 CEFR.

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