Regularising your stay in the UK: options for Leave to Remain

Under UK immigration law, people without the right of abode need leave to reside in the UK. This is also known as permission to stay. 

Those without permission to stay in the UK will not have access to certain rights, such as the right to work, rent, study, access benefits or receive free secondary healthcare. They may be vulnerable to immigration enforcement which could in the worst-case scenario lead to removal from the UK.

People who are in the UK without permission to stay or are undocumented may still have options to apply for leave to remain/permission to stay. This is known as regularising your status. It can be difficult knowing what steps to take to regularise your status. 

There may be immigration applications available if you meet the eligibility requirements. Options always depend on your circumstances. If you have insecure or unclear immigration status and you are unsure of your rights and entitlements in the UK, you should get legal advice to consider the best options for you. 

The Private Life route allows you to apply for permission to stay based on your own residence rather than other factors such as having family members in the UK. You must show that you have developed a ‘private life’ in the UK. This route is open for people to apply if they do not have permission to stay in the UK. 

The Home Office has taken a standard approach to considering whether someone has developed private life in the UK. They require the person to have lived in the UK for a certain amount of time. 

There are different categories depending on your age at the time of application: 

• For adults, usually you must show 20 years’ residence. If you have lived in the UK for less than 20 years, you must meet the ‘very significant obstacles’ test, which is a very high standard and threshold. 
• For young adults (18-25), you must show you have lived at least half of your life in the UK. 
• Private life of children in the UK. This usually requires seven years’ residence and evidence that it would be unreasonable for the child to leave the UK. 

These are standard requirements. However, as the application is based on Article 8 of the European Convention on Human Rights (ECHR), it might be possible to make an application even if you do not meet the above requirements. These applications are exceptional and complex, and you should seek legal advice before applying. 

Read about the Private Life application here. 

You may be able to stay in the UK based on existing family relationships, such as with a partner or being a parent of a child. Unlike the Private Life route, there is no 20-year residence requirement for adults, so some people may be able to apply earlier under Family Life. 

However, the rules for applying inside the UK are more restricted. Many people are required to apply from outside the UK unless they meet specific exceptions. Permission to stay in-country will only be granted where exceptional circumstances apply. 

As this application is based on Article 8 ECHR, the Home Office has wider but still limited scope to grant permission to stay if the requirements are not met. This is only where it can be shown that a refusal would result in unjustifiably harsh consequences for you, your partner, or a relevant child (a child under 18 who would be affected by the decision). 

If permission is granted despite not all the requirements being met (including the requirements to hold valid immigration status), then it leads to a ten-year route to settlement.  

If you are unable to leave the UK due to fear of persecution based on your race, religion, nationality, political opinion or membership of a particular social group, then you may be able to claim Asylum. However, it is important to note that a delay in claiming asylum may be considered by the Home Office when they assess the credibility of your claim. 

Read about Asylum in the UK here. 

If your circumstances do not fit within the Immigration Rules and there are compelling or exceptional reasons to grant permission to stay, the Home Office may consider granting Leave Outside the Rules. This is a discretionary form of leave used only in rare situations where refusal would lead to unjustifiably harsh or unjust outcomes for you or your family.

As these applications are human rights or protection applications, they normally would carry the right to appeal the decision. An appeal is made to the independent First‑tier Tribunal (Immigration and Asylum Chamber), where an immigration judge will review the refusal.

However, if the Home Office ‘certifies’ the claim as clearly unfounded, then a refusal may not carry the right to appeal.

Read about Appeal and Challenges here.