Young people in the 10 year private life route may now be able to apply for indefinite leave to remain (‘ILR’) after only five years of leave, according to the new Home Office concession.
In order to be eligible, the applicant must:
- Be aged 18 years or above and under 25 years of age and has spent least half
- of his/her life living continuously in the UK (discounting any period of
- imprisonment);
- Have either been born in or entered the UK as a child;
- Have held five years limited leave; and
- Be eligible for further leave to remain under paragraph 276ADE(1) of the
- Immigration Rules and have made an application under those rules
However, grants under the concession are not automatic. The Home Office will take the following factors into consideration when deciding whether to grant ILR:
- the person’s age when they arrived in the UK
- the length of their residence in the UK (including unlawful residence)
- the strength of their connections and integration to the UK
- whether unlawful residence in the past was the result of non-compliance on the
- part of the applicant or their parent/guardian whilst the applicant was under the
- age of 18
- efforts made to engage with the Home Office and regularise status
- any leave currently held and length of continuous lawful leave
- any period of any continuous leave held in the past
- whether (and the extent to which) limited leave to remain will have a detrimental
- impact on the person’s health or welfare
If you believe you might be eligible for early settlement under this concession, please contact our friendly, experienced team for advice and assistance with the application.