The Appendix Private Life was brought into the immigration rules in March 2022. The new rules are replace paragraph 276 ADE of the Immigration Rules. Any application made based on private Life on or after June 20 2022, will be considered under the new Appendix Private Life.    

Private life route for leave to remain and indefinite leave to remain stands unchanged.  

The applications for Leave to remain, or permission to stay under the private life route are based on:  

1. children under 18;  

2. young adults aged 18 to under 25 who meet the half-life test;  

3. adults aged 18 or over, who do not qualify as young adults;  

4. Those are relying on Article 8 of the ECHR.  

Indefinite leave to remain or settlement in the UK under the private life route is for:  

1. children who were born in the UK;  

2. persons who have or were last granted leave as a child or as a young adult;  

3. adults who are over 18 and do not qualify under the above sub-category.  

New category  

A new category has been added for children born in the UK to parents who are in the UK on private life. This means that a child born in the UK but who has not spent at least seven years in the UK can now apply as a dependent for permission to stay or for indefinite leave to remain/settlement on the private life route if his/her parents are or have last been on the private life route.  

Residence requirement changes for a child for leave to remain on private life route  

At the time of application on the private route, those below the age of 18 must meet the following:  

• They must have lived in the UK for at least seven years continuously; and  
• They must satisfy the decision makers that it would not be reasonable to expect the applicant to leave the UK.   

Residence requirement changes for young adults for leave to remain on private life route  

At the time of application on the private route, applicants who are aged 18 or over and below 25 must meet the following:  

• Applicant arrived in the UK before he/she was aged 18.  
• The applicant has continuously lived half of his/her Life in the UK.  
• Once the young adult has completed 5 years they will be able to apply for Indefinite Leave to Remain. 

Residence requirements for adults who don’t fall in the above category for leave to remain on private life route  

If the applicant is aged 18 or over on the date of application but doesn’t fall in the young adult category must meet the following:  

• the applicant must have been continuously resident in the UK for more than 20 years; or  
• If the applicant has not been resident in the UK for more than 20 years, the decision maker must be satisfied that if the applicant is required to leave the UK, it would be highly difficult for the applicant to integrate into the country where they would have to live. The circumstances of the applicant should meet the high threshold of “unduly harsh” consequences to satisfy the requirement.    

If an applicant fails to meet the suitability and eligibility requirement, they can still be granted leave to remain or indefinite leave to remain in the UK if the decision makers find that the refusal of the application would be a breach of Article 8 of ECHR on the basis of private Life.  

 Requirements for indefinite leave to remain/settlement  

Children born in the UK requirements for settlement on the Private life route need to meet the following:  

• The applicant must have been born in the UK. 
• The applicant must provide a full UK birth certificate.  
• The applicant must have lived continuously in the UK since birth and for at least seven years at the date of application.  
• The decision maker must be satisfied that it is not reasonable to expect that the applicant would leave the UK.  

Young Adults – Indefinite Leave to Remain 

• The applicant must have had permission to stay in the UK under the old rules paragraph 276 ADE as they were between 18 to 25 years and spent half or more than half of their life in the UK; or 
• The applicant has been granted leave to remain under Appendix Private life because they were between 18 to 25 years and spent half or more than half of their life in the UK 

Can apply for indeionite leave to remain after they have completed 5 years with the permission as stated above.  

All other categories under the Appendix Private life route will lead to indefinite leave to remain once the applicant has completed 10 years under paragraph 276 ADE or Appendix Private life.  

Should you wish to apply for leave under Appendix Private Life of the Immigration Rules you can contact Visa and Migration Ltd and one of our advisers will be able to assist you. You can contact us by calling 02034111261.