The Appendix Private Life of the Immigration Rules is a section of the UK's immigration law that outlines the criteria under which individuals may seek leave to remain in the UK based on their private life. This appendix is part of the wider UK Immigration Rules, which govern how individuals can remain in the country. The applications under this route are not relevant for Entry Clearance.
The rules surrounding private life are particularly relevant to individuals who do not have family or humanitarian claims but seek to stay in the UK because they have established a private life in the United Kingdom.
It is generally for individuals who have lived in the UK for a long period and have formed strong personal ties (but not necessarily familial ones). The rules distinguish between those who have lived in the UK for 20 years or more (which may make it easier to qualify) versus those who have lived for a shorter period. For example, if an individual has lived in the UK for at least 20 years, they may be granted leave to remain unless there are serious reasons for refusal, such as criminality or other public interests.
You can make an application under this route for leave to remain in the UK for 2.5 years and once you have completed 10 years in the UK, you are granted Indefinite Leave to remain in the UK.
The rules also cover minors who may have been in the UK for a long time and developed a private life. The Immigration Rules provide a framework for considering the best interests of children, consistent with international obligations (e.g., the UN Convention on the Rights of the Child).
Children who are born in the UK and have spent 7 years continuously in the UK are eligible to apply for Indefinite Leave to remain, provided is it proved that it is not reasonable for the child to return to the country of origin. The evidence should be focused around the private life a child has built in the UK.
If a child is not born in the UK and has spent 7 years in the UK continuous, they can be eligible for leave to remain, however, they must prove that it is not reasonable for the child to return to the country of origin. Again, the evidence should be focused around the private life a child has built in the UK.
Young Adults who have spent more than half of their life in the UK and are aged between 18 and 24 years can apply for leave to remain and will be eligible for Indefinite leave to remain in the UK once they have completed 5 years under this route or at least have one period of leave under this route and had leave to remain under certain routes which can be combined to reach a period of 5 years.
Certain individuals may be excluded from applying under Appendix Private Life, such as those with any custodial sentence over 12 months criminal conviction or those who pose a threat to national security or public safety i.e. suitability requirement.
There are also provisions related to the deportation of individuals who have been involved in serious criminal behaviour, even if they have developed a private life in the UK.
The applicants over the age of 18 years who wish to apply for Indefinite Leave to Remain under this route generally need to complete 10 years holding a leave to remain except a young adult or children.
The applicants must pass the life in the UK test and also meet the English Language requirement to meet the eligibility requirement for Indefinite Leave to Remain.
In summary, Appendix Private Life is intended for individuals who have established a life in the UK and seek to stay for reasons related to their private life rather than family life, humanitarian need, or employment. The application of these rules is based on individual circumstances, including the length of time spent in the UK, the nature of the person’s private life.
Should you wish to apply for leave to remain or indefinite leave to remain under this category, please contact one of our experts on 02034111261.
.gif "visa and migration Ltd")
