The Private Life visa potentially enables an individual with no lawful permission or those with a visa to apply to remain in the UK and provide them with a route to settlement.
For those who do currently hold a visa, the Private Life visa is an alternative immigration route to get settled status.
An applicant will need to satisfy not only a suitability test but will also need to meet a minimum residency requirement to be eligible for a Private Life visa.
The length of time a person will need to demonstrate they have been resident in the UK will depend on their age and circumstances.
The general criteria
- 7 years continuous residence if the applicant is under the age of 18
- has spent more than half their life in the UK if the applicant is aged between 18 and 25 (young adults)
- 20 years continuous residence
- for those with less than 20 years continuous residence, they will need to show there are very 'significant obstacles' for their return to their home country
- those who meet none of the above can apply through Article 8 of the ECHR
- children born to someone who holds a Private Life visa.
Successful applicants for the Private Life visa will be placed on a path that will lead to indefinite leave to remain after 10 years further residency, bar two exceptions.
Early ILR for children and young adults through the private life route
On 20 June 2022 the Home Office changed the immigration rules to enable children and young adults to apply for ILR early in the following two categories:
(i) those who have spent a continuous period of 7 years in the UK as a child and
(ii) those who entered the UK as children and have spent at least half their lives in the UK up to the age of 25.
In both cases, the individual must have spent 5 years continuous residence in the UK.
Otherwise Initial permission will be issued for 30 months and an applicant will expected to renew their permission every two and half years until they have reached 10 years.
The change in the immigration rules replaced a concession the Home Office had introduced for individuals in October 2021 who had come to the UK as children and spent at least 5 years of continuous residence in the UK.
Knowledge of Life in the UK
Individuals applying for ILR through the private life route will need to pass both:
- a Life in the UK test and
- English language test at level B1*.
*individuals in the Private Life visa route can meet the English language requirement through obtaining a GCSE in English or English literature or NVQ level above level 4 or higher which they started in a school in the UK before the age of 18.
Those under 18 do not have to undertake these tests. Those who are from a majority English speaking country do not have to under the English language test.
We strongly recommend that an individual wishing to apply to regularise their stay in the Private Life visa route take legal advice before doing so.
Alternatively click on the links below for frequently asked questions.
