private life application

You may be able to apply for leave to remain in the UK based on your private and family life here in the United Kingdom.

You can submit a private life application if any of the following apply to you:

  1. You are applying as a partner of a British national or someone with settled status.
  2. You are applying as a parent of a British child or someone with settled status.
  3. You are applying as a child to join your parent in the UK.
  4. You are applying Outside of the Immigration Rules.

 

APPLY AS A PARTNER

In order to apply as a partner, the following must be demonstrated:

  1. You are both aged 18 or over.
  2. Your partner is a British or Irish Citizen, has settled status in the UK or is from the EU and have started living in the UK before 1st January 2021.
  3. You and your partner must intend to live together permanently in the UK.
  4. You are in a marriage or civil partnership that is recognised in the UK.
  5. You will need to prove you have a good knowledge of the English language.

 

APPLY AS A PARENT

You can apply to live in the UK to care for your child. In order to prove that you are eligible to apply as a parent, the following needs to be proved:

  1. Your child must either be under 18 on the date you apply; or have been under 18 when you first were granted leave and not live an independent life now.
  2. Your child must be living in the UK.
  3. Your child must either be a British Citizen, have settled status in the UK or be from the EU and have started living in the UK before 1st January 2021.
  4. If you are applying from inside the UK – your child must have lived in the UK for 7 years continuously and it would not be reasonable for them to leave.
  5. You need to show shared or sole parental responsibility for your child.
  6. You must prove you have a good knowledge of English.
  7. You must prove you can financially accommodate yourself without recourse to public funds.

APPLY AS A CHILD

You can apply for a visa to join your parent in the UK.

You may not need a visa if your parent has indefinite leave to remain or proof of permanent residence in the UK.
If your parent has settled status in the UK, you may be able to apply to the EU Settlement Scheme.

If you were born in the UK – it is possible for you to either be added to your parent’s next application as their dependent or you can choose to apply separately if you are under the age of 18. If you are over the age of 18 however, you can only be included in your parent’s application if you have leave to remain in the UK when you were under 18, you are applying from inside the UK or you do not live an independent life. You are living an independent life if for example, you no longer live at home, you are married and you have children.

If you were born outside of the UK – you must not be married or living an independent life for you to be eligible.

 

APPLY OUTSIDE OF THE IMMIGRATION RULES

You will only be able to apply on this basis if you are already living in the UK.

You must be able to demonstrate the following:

  1. You are under 18, have lived in the UK continuously for 7 years & it would be unreasonable to expect you to now leave.
  2. You are currently between 18 and 24 and have lived in the UK continuously for half your life.
  3. You are 18 or over, have lived in the UK less than 20 years but you would face significant obstacles if you were to live in another country.
  4. You are 25 or over and you have been in the UK continuously for 20 years.

DO

  • Make sure you complete the application carefully.
  • Ensure you have all the necessary evidence collated.
  • Make sure there is evidence to prove nationality.

DON’T

  • Do not underestimate the complexity of this application.
  • Do not forget to prepare the correct evidence you need.
  • Do not forget a detailed cover letter to accompany your application.

A human rights application can be slightly tricky due to the amount of evidence you have to show to prove that you have established a private and family life here in the UK. Sometimes the Home Office are looking for specific evidence and it is important this is demonstrated along with additional proofs. This is where our excellent team of experienced lawyers can assist you. Get in touch today to see if you are eligible to apply for this application. At Kalsi Solicitors we have no desire to provide dishonest advice – if we do not feel your application will be successful, we will tell you and help you find another route.

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