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Private life, as enshrined in Article 8 of the European Convention on Human Rights (ECHR), is a general right that is applied to cases in an individual way. It states:
Overview. You may be eligible for indefinite leave to remain if either: you have a visa on the basis of your private life. you were born in the UK and have lived here continuously up to the age...
- You may be eligible for indefinite leave to remain if either: you have a visa on the basis of your private life you were born in the UK and have li...
- The eligibility criteria you have to meet are different depending on whether you’re applying as an adult or a child. Children and young adults If y...
- Your partner and children may also be able to get indefinite leave to remain. Check if they meet the eligibility criteria in their own right. If th...
- You’ll need to provide: a current passport or other document that shows your identity and nationality your biometric residence permit if you have o...
- You must apply online for indefinite leave to remain on the basis of your private life. There is a different way to apply if you’re: under 18 betwe...
- Validity requirements for the Private Life route
- Suitability requirements on the Private Life route
- Eligibility requirements on the Private Life route
- Residence requirements for a young adult on the Private Life route (where the applicant arrived in the UK as a child)
- Residence requirements for an adult on the Private Life route (including a young adult who does not qualify under PL 4.1.)
- Exclusion of certain asylum seekers
- Continuous Residence requirements on the Private Life route
- Eligibility requirement for Private Life route relying on Article 8 of the Human Rights Convention
- Decision on an application on the Private Life route
PL 1.1. A person applying for permission to stay on the Private Life route must apply online on the gov.uk website on the specified form: “Application to remain in the UK on the basis of family life or private life”.
1.PL 1.2. An application for permission to stay on the Private Life route must meet all the following validity requirements:
2.(a) any fee and Immigration Health Charge must have been paid (unless the applicant has been granted a fee waiver in whole or in part); and
3.(b) the applicant must have provided any required biometrics; and
4.(c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality; and
5.(d) the applicant must be in the UK on the date of application.
PL 2.1. The application must not fall for refusal under the suitability grounds for refusal for leave to remain as set out in S-LTR.1.2. to S-LTR.2.2. and S-LTR.3.1. to S-LTR.4.5. of Appendix FM of these rules.
PL 2.2. The application must not fall for refusal under paragraph 9.6.1. (sham marriage or civil partnership) of Part 9: grounds for refusal.
Residence requirements for a child on the Private Life route
PL 3.1. Where the applicant is aged under 18 at the date of application the following requirements must be met: (a) the applicant must have been continuously resident in the UK for at least 7 years; and (b) the decision maker must be satisfied that it would not be reasonable to expect the applicant to leave the UK.
PL 4.1. Where the applicant is aged 18 or over and aged under 25 at the date of application and arrived in the UK before the age of 18, the applicant must have spent at least half their life continuously resident in the UK.
1.PL 5.1. Where the applicant is aged 18 or over on the date of application:
2.(a) the applicant must have been continuously resident in the UK for more than 20 years; or
PL 6.1. An applicant who has made a protection or asylum claim which has been declared inadmissible under Part 11 of these rules before 28 June 2022, or under section 80B and 80C of the Nationality, Immigration and Asylum Act 2002, and which continues to be treated as inadmissible, cannot meet the requirement at PL 5.1(b).
PL 7.1. The period of continuous residence at PL 3.1, PL 4.1. or PL 5.1. may include time spent in the UK with or without permission.
PL 7.2. The period of continuous residence at PL 3.1, PL 4.1. or PL 5.1. does not include any period during which the applicant was serving a sentence of imprisonment or was detained in an institution other than a prison.
1.PL 7.3. The period of continuous residence at PL 3.1, PL 4.1. or PL 5.1 is broken (i.e. is no longer continuous) if any of the following apply:
2.(a) the applicant has been absent from the UK for more than 6 months at any one time; or
3.(b) the applicant has spent a total of 550 days or more absent from the UK during the period of continuous residence at PL 3.1, PL 4.1 or PL 5.1; or
4.(c) the applicant has been removed, deported or has left the UK having had an application for permission to enter or stay in the UK refused; or
PL 8.1. If the applicant does not meet the suitability requirements (subject to PL 8.2), or does not meet any of the eligibility requirements in PL 3.1., PL 4.1. or PL 5.1. the decision maker must be satisfied that refusal of permission to stay would not breach Article 8 of the Human Rights Convention on the basis of private life.
PL 8.2. Where PL 8.1. applies and the applicant falls for refusal under suitability paragraphs S-LTR.1.2., S-LTR.1.3., S-LTR.1.4., S-LTR.1.5., S-LTR.1.6 or S-LTR 1.8. of Appendix FM of these rules the application on the Private Life route will be refused.
PL 9.1. If the decision maker is satisfied that all the suitability requirements are met and the eligibility requirements at PL 3.1, PL 4.1, PL 5.1 or PL.8.1. are met then, unless paragraph PL 8.2. applies, the applicant will be granted permission to stay on the Private Life route, otherwise the application will be refused.
Jun 24, 2021 · What 'private life' means. You have the right to live your life privately without government interference. The courts have interpreted the concept of ‘private life’ very broadly. It covers things like your right to determine your sexual orientation, your lifestyle, and the way you look and dress.
Explains how the right to respect for your family and private life is protected by article 8 of the Human Rights Act 1998 and when a public authority may be breach the article.
Overview. Apply as a partner or spouse. Financial requirements if you’re applying as a partner or spouse. Apply as a parent. Apply as a child. Apply as an adult coming to be cared for by a...
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Our Private Life. Pedro Miguel Rozo, translated by Simon Scardifield. Royal Court Theatre Upstairs. (2011) Share: Our Private Life production photo. The standard British view of Colombia imagines a country that does nothing but export drugs and breed murderous gangsters plus the odd footballer.
