Immigration Law

Private Life Applications

This is the most common ground for leave to remain in the UK. This route allows, even for over-stayers, to regularise their immigration status.

There is no English Language requirement to be met for an application under private life and most importantly no minimum income requirement.

The main requirement to be met for this route is that you are at least 18 years old and have lived in the UK continuously for less than 20 years and there would be very significant obstacles to your integration into the country to which you would be returned to if you had to live the UK.

Although the threshold is high, it is not impossible to satisfy. This is a two stage process which:

Very significant obstacles to integration

‘Very significant obstacles to Integration is defined as “something which would prevent or seriously inhibit the applicant from integrating into their country of return.’ This could be due to number of factors some of which could include:

  • You have lived in the UK for a long time and have no ties to your country of return
  • You have children in the UK who have resided here for seven years or more
  • You have parental responsibility for a child that is settled in the UK or it British
  • You are in a relationship with a British partner and it would be unjustifiably harsh to expect them to relocate to your country of return.
  • Language barrier and inability to obtain employment
  • Medical reasons etc.

You must demonstrate that they would be unable to establish a private life in the country of return and doing do would entail very serious hardship for the applicant.

Continuous residence

To satisfy this condition, you must show that you have not been outside of the UK for a period of six months or more at any one time. It is your obligation to show that you have not or could not have left the UK for six months or more or your residence will not be continuous.