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Navigating UK Residency: Understanding Family and Private Life Rights

News & Articles

Navigating UK Residency: Understanding Family and Private Life Rights

News & Articles Chester Manchester UK
Family Private Life Leave to Remain

When it comes to UK immigration rules and regulations, a Private Life Visa is the most common application inquired after. Private Life Visa application is a way to give UK individuals all the rights to live in this country and create a personal life for many years. In this blog, we are going to discuss family and private life immigration, including the eligibility criteria to apply for a Private Life Visa and Leave to Remain. 

Evaluating the Eligibility Criteria and Options for Private Life Visa Application

According to the UK family immigration scheme, in Article 8 of the ECHR1, family and private life routes are considered long-term partners, civil partners, relationships with wife, and even children under 18. In fact, an individual’s private life can include friends and neighbours, as well as their study and work lives. 

Moreover, your involvement in long-term medical treatment in the NHS, charity activities, or local community falls under UK Human Rights immigration schemes, leading to a private life too. Besides, Human Rights under Article 8 says that no public authority can interfere with these rights except for national safety and security to prevent crime and ensure others’ well-being and the independence of the country. 

Now, it is imperative to ensure whether you are eligible to apply for a Private Life Visa in the UK. Here are the eligibility criteria you need to keep in mind:

  • If you are under 18, you can apply for this Private Life Visa when you have been living in the UK for 7 consecutive years. 
  • When you are between 18 to 24 years old, you should have lived in this country for at least more than half of your age. 
  • If you are an adult and have lived in this country for less than 20 years but are struggling to return to your home country, you can apply for a UK Private Life Visa.
  • The Home Office permits your parents to stay in the UK based on your Private Life visa.

Note: You are not eligible to apply for this visa even if falling under these categories when making an asylum or protection claim.

Private Life Visa Application Options, Leading to ILR

The UK Home Office grants individuals living in this country Leave to Remain (ILR) after applying for a Route to Settlement on a Private Life visa. Along with family and private life rights under Article 8 of the European Convention on Human Rights (ECHR1), you receive leave for 30 months in the UK that you need to renew for the period of Route to Settlement. After that, you can apply for an Indefinite Leave to Remain (ILR).

For instance, when you apply for a family and private life visa and you have children under 18, there’s a 7-year private life route for them with 5 years of validity. After that, they are eligible to make an ILR application. 

For a young adult, the Home Office allows early ILR concession with this visa application (5-year validation). After this period, an individual of this age range can get a permanent settlement by applying for an Indefinite Leave to Remain. 

A 20-year private life route for adults (over 18) is available in the UK, allowing a stay if you have lived here for over 20 years. The Home Office grants a 30-month stay after a successful application. You can extend it further for another 30 months. 

In Conclusion

We hope you have a clear idea of the rights to family life and private life immigration in the UK. But, taking care of every detail related to the Private Life Visa application alone is complex. We recommend taking expert help from our top UK family immigration solicitors. At Intime Immigration Solicitors, we ensure error-free applications and reduce the risks of refusals over basic procedural grounds. Reach out to us today for an assessment!

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