Appendix Private Life - Very Significant Obstacles To Integration

• Published date: 28 December 2022
• Subject Matter: Immigration, General Immigration
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Ms Alexandra Pease

On 15 March 2022 a 205-page Statement of Changes in Immigration Rules was published. Appendix Private Life was inserted into the rules and the new Appendix took effect on 20 June 2022. This Appendix replaced paragraphs 276ADE to 276DH of the Immigration Rules. We examined the changes and implications in an earlier post: Changes to the Private Life Route: Appendix Private Life (Leave to Remain)

Appendix Private Life (Leave to Remain)

Appendix Private Life retains the category for those aged 18 or over (who do not meet the half-life test, if under 25), who can either satisfy the decision-maker they have been continuously resident in the UK for more than 20 years, or satisfy the decision-maker that there would be very significant obstacles to their integration into the country where they would have to live if required to leave the UK.

There is a separate provision precluding applicants from meeting the very significant obstacles test if they have made a protection claim that was declared inadmissible under Part 11 of the Rules before 28 June 2022 or section 80B and 80C of the Nationality Immigration and Asylum Act 2002 .

What Does Very Significant Obstacles to Integration Mean?

Private Life, Version 1.0 casework guidance was published on 20 June 2022 to coincide with the implementation of the new Appendix. The guidance sets out how caseworkers will assess whether there are 'very significant obstacles to integration' into the country of return.

The starting principle for a caseworker will be that someone who has lived outside the UK as an adult will be able to integrate into their country of proposed return. The burden lies on the applicant and this is a high threshold to meet. The assessment will usually focus on the proposed country of return, unless there is information to suggest that the Applicant may have a choice as to the country they may go. The Applicant may for example have more than one nationality and therefore choice.

The guidance reads:

A 'very significant obstacle to integration' means something which would prevent or seriously inhibit the applicant from integrating into the country of return. You are looking for more than the usual obstacles which may arise on relocation (such as the need to learn a new language or obtain employment). You are looking to see whether there are 'very significant' obstacles, which is a high threshold. Very significant obstacles will exist where the applicant demonstrates that they would be unable to establish a...