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Leave to Remain (LTR) on private life grounds

Leave to Remain (LTR) on private life grounds

In June 2022, a new appendix to the Immigration Act 1971, the Appendix Private Life, was introduced by the government. The rules deal with eligibility for indefinite leave to remain for those with a visa that was granted on the basis of their private life.

At Saxon Solicitors, we are immigration specialists. We deal with a full range of immigration issues, including applications for leave to remain. Ensuring that all of the necessary evidence is included with an application is not always straightforward. We can advise you on the paperwork that needs to be provided and prepare your application to ensure it is as strong as possible.

Our solicitors have worked in immigration for many years and have a high level of experience. As well as legal expertise, we have a thorough understanding of the Home Office application process and how best to secure leave to remain.

We provide our services in Urdu, Arabic, Kurdish, German and Dutch as well as English.

Applying to stay in the UK on the basis of private life

To demonstrate that you have an established private life, you will normally need to have lived in the country for a lengthy period, with most of your important relationships established there.

For an adult, unless you have lived more than half of your life in the UK, you must usually have lived in the UK continuously for at least 20 years as at the date you apply for permission to stay on the grounds of your private life.

If you have not lived in the UK for 20 years, you would need to demonstrate to the authorities that there would be very significant obstacles to integrating into the country to which you would be returned in order to secure permission. The threshold for this is high and not simply the difficulty of learning a new language or finding a job. Potential examples include a risk of prosecution or significant harassment on the basis of sexual or political orientation or faith or gender or severe restriction of freedoms.

We can advise you as to whether any difficulties that you could face would be sufficient to make a claim for permission to stay where you do not have the requisite 20 years residence.

Securing indefinite leave to remain as an adult with permission to stay on the basis of your private life

Once you are on the private life route, you may be eligible to apply for indefinite leave to remain if:

  • You are aged over 18
  • You hold a visa that was granted on the basis of having a private life in the UK
  • You have lived in the UK continuously with a valid visa for 10 years or more

If you have held other visas, the time spent in the UK under these can be included, provided that you have had a visa that was granted on the basis of your private life for one year or more as at the date of your application.

Evidence to be provided with your application

When you complete your application, you will need to provide a range of evidence. This includes:

  • Your valid passport or other identity document that includes your nationality on it
  • Your biometric residence permit, if you have one
  • Any passport you have held while you have been living in the UK
  • Evidence that you have passed the ‘Life in the UK’ test. This is only a requirement if you are aged between 18 and 65.

Contact our expert leave to remain solicitors

If you believe you are eligible for permission to stay in the UK on the basis of your private life, we will be happy to help you with your application. We have a proven track record of success in securing leave to remain and we can ensure your application includes all necessary information.

To speak to our leave to remain solicitors in Manchester, ring us on 0161 795 9955 or fill in our contact form below and we will call you back.

We deal with indefinite leave to remain applications for clients throughout England and Wales.

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