Private Life Applications - 10 Years Route

Private Life Applications – 10 years Route

Prior to 09 July 2012, the applicants were able to make an application on the basis of the fact they had established private and family life in the UK through the course of their residence, work and having strong connections with this country. The applications were usually made under Article 8 of the Human Rights Act 1998. From 09th of July 2012, the home office has categorized such cases and brought these matters to be considered under the immigration rules. Now, in order to make any such applications, the applicant must be able to fulfill the relevant requirements of the immigration rules and fall under one of the following categories:

The applicant has lived continuously in the UK for at least 20 years; or

The applicant is under the age of 18 years and has lived continuously in the UK for at least 7 years and it would not be reasonable to expect the applicant to leave the UK; or

The applicant is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK; or

The applicant is aged 18 years or above, has lived continuously in the UK for less than 20 years but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

1. Applicant having lived continuously for 20 years in the UK

Continuous residence is considered to be broken when the applicant is

has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or

has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or

left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or

has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or

has spent a total of more than 18 months absent from the United Kingdom during the period in question.

Has spent more than 6 months outside the UK in one go.

The applicant needs to provide evidences confirming that he has resided in the UK continuously for 20 years for him to be granted leave to remain under this category.

2. Child under 18 years of Age having lived in the UK for 7 years

This category is for children who have lived in the UK for 7 years, including those children who came to the UK and resided here for 7 years. Seven years of residence alone is not sufficient and it should also be explained that it is not reasonable to expect the child to leave the UK.

3. Applicant above 18 and less than 25 years having spent half of his life in the UK

In these cases, it is considered that a child having spent half of his life in the UK would have established strong bond and ties with this country and it would not be reasonable to require him to leave the UK. There have been several cases where the child accompanies parents as their dependent and later the parents’ immigration status becomes precarious and the child ending up in the same situation as his parents were in. This immigration category is to cater such cases where children (who become adults) who have spent half of their lives in the UK in recognition of their established private lives.

4. Applicant having lived in the UK for less than 20 years facing very significant obstacles in moving back to home country

SThis depends on the question of fact whether the applicant is able to establish that though he has lived in the UK for less than 20 years but he would face very significant obstacles in moving back to the home country. The applicant is expected to provide original, independent and verifiable documentary evidences to establish his case. “A very significant obstacle to integration” means something which would prevent or seriously inhibit the applicant from integrating into his home country. The fact that the applicant may find life difficult or challenging in the country of return does not mean that he has established that there are “very significant obstacles to integration”. Following factors are taken into consideration in assessing the applicant’s integration in his home country, the list is not exhaustive though:

Cultural background

Length of time spent in home country

Presence of family / friends in home country

Faith, political or sexual orientation or sexual identity

The courts are continuously in the process of defining “very significant obstacles” and have allowed several appeals where the applicants have been able to establish their cases.

Initial Application

The applicant needs to make sure that he fulfills all the requirements of this application and is able to provide the relevant documentary evidences confirming the same. Making an application even a single day before completing the required time period i.e. 20 years or half of life or seven years, whichever the case may be, may result in refusal of the application. If approved, the applicant will be given 30 months of leave on 10 years route, which means that he would need to apply for extension of his leave to remain for at least 3 more times in order to complete 10 years of legal and continuous residence in the UK. This is a complex part of immigration law and we strongly advise to seek professional help from.

Extension Applications

If initial application has been approved, the applicant will need to apply for extension of his visa for another 30 months which will be granted on the same basis. Such applications may also be made using UK Visa premium service.

Super Priority Service

Super Priority service is also available for initial and extension applications and the applicants generally receive the decisions within 24 hours. We have dome numerous applications successfully using super priority service and rightly placed to advise and represent our clients who are eligible for initial or extension application on such basis.

Once Judicial Review is lodged, the respondent i.e. the Secretary of State for Home Department has 21 days to file “Acknowledgment of Service” along with the grounds of defence. The Upper Tribunal taking account of arguments and documents presented by both parties, makes a decision.

The Upper Tribunal may take one of the following actions:

Grant permission for Judicial Review on all grounds

Grant permission for Judicial Review on one or more grounds

Refuse permission for Judicial Review

Whatever stage we come on board, we make sure to work in the best interests of our clients and have successfully represented many of our clients in such matters.

Why Chauhan Solicitors?

We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.

According to our clients, we are one of the Best Immigration Solicitors in London. We invite you to view our online reviews shown below that would allow you make an informed choice when instructing on of the best immigration solicitors of London to represent you.

How We Can Help You?

No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.

A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.

B) Immigration Advice: Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.

C) Engagement of Our Immigration Services: Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.

D) Review of Information and Documents: We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.

E) Representations: We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc in order to conclude your immigration matters successfully.

F) Follow-up: Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.

G) Outcome of your Immigration Matter: The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don'ts. Our team of best immigration solicitors take care of that diligently.

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.

info@chauhansolicitors.com

0203 514 2536