- Civil Society
Private life application
Eligibility and requirements for permission to stay in the UK on the basis of private life, including residence thresholds and legal criteria.
What are the requirements for a Private Life application?
You may be able to make an application to stay in the UK on the basis of your private life if you are already living in the UK. To be eligible to make a private life application, you will need to meet the requirements. You will need to provide evidence that you fall into one of the following categories:
- You are under 18 years old and you have lived in the UK continuously for at least 7 years and it would be unreasonable to expect you to leave the UK.
- You are between 18 and 24 years old, you arrived in the UK before the age of 18 and you have lived continuously in the UK for at least half your life.
- You are 18 years old or over and you have lived in the UK continuously for 20 years. This is called a private life (long residence) application.
- You are 18 years old or over and have spent less than 20 years in the UK and would have very significant problems living in the country you would have to return to.
- You were born in the UK to a person who has permission to stay in the UK on the basis of their private life or is applying for permission to stay on the basis of their private life.
What are the requirements for a 20‑year long residence Private Life application?
If you have been living in the UK continuously for at least 20 years, you may be able to make an application to stay in the UK on the basis of the private life ties you have established during your time in the UK. Time spent in the UK without permission also counts towards this 20-year period. Time spent in prison does not count towards your period of continuous residence.
What documents do I need for a 20‑year long residence Private Life application?
You will need to provide evidence of living in the UK throughout this 20-year period and evidence that your continuous residence has not been broken by absences from the UK. If you have spent more than 6 months outside the UK at one time or 550 days or more outside the UK during the 20-year period, this will be considered to break your continuous residence.
It can be difficult to gather sufficient evidence to cover the entire 20‑year period. The Home Office expects evidence for each year you have lived in the UK. You should seek legal help if you are considering making a long residence application.
What are the rules for Private Life applications for children?
For children under 18, there are usually fewer difficulties in documenting their residence in the UK, but they face a different test in order to be granted leave under the private life route. It is important to recognise that the application is not based solely on 7 years of residence; a child must also show that it would be unreasonable to expect them to leave the UK. If a child has 7 years of residence in the UK but cannot show that it would be unreasonable for them to leave, their application may be refused under this assessment.
When is it unreasonable for a child to leave the UK?
Whether it is unreasonable for a child to leave the UK depends on multiple factors. These include the child’s age, the nationalities and immigration status of the parents, the level of the child’s integration in the UK, and the conditions in the country they would be expected to live in. The child’s best interests must be a primary consideration in every case. Each application is assessed on its individual facts, and applications involving children are complex. Legal advice is strongly recommended.
How long is permission granted for under the Private Life route?
If your application for permission to stay in the UK on the basis of your private life is successful, you will be granted 2 years and 6 months stay. Before your permission to stay in the UK expires, you will need to apply to extend your private life visa. You will need to ensure you submit your application before the date your permission to stay expires. If you apply to extend your visa after this date, you may be considered to have overstayed your visa and risk being removed from the UK.
If you have successfully been granted visa extensions, you may be able to apply for Indefinite Leave to Remain in the UK after 10 years spent on a private life visa.
For children, the route is different. They can choose between a 2‑year‑and‑6‑month grant of leave or a 5‑year grant, and they may qualify for settlement after 5 years. For children born in the UK, if they have lived in the UK for the first 7 years of their life, have not spent more than 6 months outside the UK at any one time, and can show that it would be unreasonable to expect them to leave the UK, they may be able to apply directly for settlement. The unreasonableness test must still be met, even where the 7‑year residence requirement is satisfied.We’re here to help you
When it comes to obtaining reliable legal advice, Seraphus is your dedicated source of expert guidance.
We specialise in providing personalised support to help you navigate the complexities of the application process, ensuring a seamless and hassle-free experience.
Contact us today using the contact us form.
Private Life application FAQs
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How long does it take to receive a decision on a private life application?
It is difficult to confirm how long it will take to receive a decision on a private life application , as unlike other categories there is no set service standard for processing times for these applications in the UK. It is not uncommon for a decision to take 12 months or more, depending on the complexity of your case.
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Can I make a private life application if I cannot afford the application fees?
If you are unable to afford the application fees, you may be able to apply for a fee waiver. You will need to be able to provide evidence of your financial circumstances which demonstrates that you cannot afford to pay the application fee. If your fee waiver application is unsuccessful, you will be required to pay the application fee within 10 working days of receiving the result of your fee waiver application. We advise you to seek legal representation to support you with making a fee waiver application.
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Can I work and study if I am granted a private life visa?
You can work and study in the UK without restrictions if you are granted a private life visa.
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Can I access benefits if I am granted a private life visa?
You are not able to claim benefits if you are granted a private life visa. However, when making an application, it is possible to request that the conditions of your private life visa are varied to allow you to claim benefits. A condition which allows for access to public funds will only be granted in exceptional circumstances.
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Am I subject to immigration enforcement?
If you have insecure or unclear immigration status and you are unsure of your rights and entitlements in the UK, you may be vulnerable to immigration enforcement which could in the worst scenario lead to removal from the UK. We advise you seek legal help on how to regularise your status in the UK.
