Changes To The Private Life Route: Appendix Private Life (Leave To Remain)
| Published date | 05 May 2022 |
| Subject Matter | Government, Public Sector, Immigration, Human Rights, General Immigration |
| Law Firm | Richmond Chambers Immigration Barristers |
| Author | Mr Alex Papasotiriou |
On 15 March 2022, the Home Office published a 205-page Statement of Changes in Immigration Rules. Amongst the various changes introduced was the insertion of a new Appendix Private Life. This will take effect on 20 June 2022 and will apply to all applications made on or after that date, replacing paragraphs 276ADE to 276DH. Applications made before 20 June 2022 will be considered under the Rules in force on 19 June 2022, even if they are decided after that date.
Private Life Route - Leave to Remain/Permission to Stay and ILR/Settlement
In a similar fashion to the existing paragraphs 276ADE(1) and 276DE, Appendix Private Life maintains the option to apply for leave to remain (permission to stay) and indefinite leave to remain (settlement) on the Private Life route. For ease of reference, those can be split into sub-categories as follows:
Leave to Remain/Permission to stay on the Private Life route:
- For children under 18;
- For young adults aged 18 to under 25, who meet the half-life test;
- For adults aged 18 or over, who do not qualify as young adults;
- Relying on Article 8 of the ECHR.
ILR/Settlement on the Private Life route:
- For children born in the UK;
- For persons who have or were last granted leave as a child or as a young adult;
- For adults aged over 18 who do not qualify under the above sub-category.
New Category for Dependent Children Born in the UK to a Person on the Private Life Route
A new category has been introduced: Permission to stay and Settlement as a dependent child born in the UK to a person on the Private Life route. This is for children born in the UK who are not eligible for permission to stay or for settlement on the Private Life route on their own right (for instance, because they have not lived in the UK for at least 7 years) and who apply as dependants of their parents, who themselves are or have last been on the Private Life route.
In Part 1 of this series, I will address the provisions of Appendix Private Life insofar as they relate to leave to remain (permission to stay) on the Private Life route. The next part(s) will concern the provisions for settlement on the Private Life route and for limited leave and settlement as a dependent child.
Permission to Stay/Limited Leave to Remain on the Private Life Route
The new Appendix introduces separate validity, suitability and eligibility requirements.
Validity Requirements under Appendix Private Life
The validity requirements for permission to stay on the Private Life route are the same for all the aforementioned sub-categories.
The use of the online specified form is one of the validity requirements.
The other validity requirements relate to the payment of the application fee and Immigration Heach Charge (where applicable and not waived), the provision of biometrics, the provision of a passport or a travel document, and being in the UK on the date of application.
The first and third of those requirements will be waived if a private life claim (for permission to stay, not for settlement) is made under Article 8 at the same time as a protection claim or further submissions following the refusal of a protection claim, when the applicant...
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