Permission to Stay and Settlement on the Basis of Private Life

The Private Life Route

If you have lived in the UK for a significant period and have built your life here, you may be eligible to apply for permission to stay on the basis of your private life under Appendix Private Life of the Immigration Rules. This route is rooted in the right to respect for private life under Article 8 of the European Convention on Human Rights and provides a pathway to settlement for those who have established deep ties with the UK over time.

The private life route can only be applied for from within the UK. It is available to children, young adults who arrived in the UK as children, and adults, with different residence requirements applying to each category. The route is also available to children born in the UK to a person who has permission on the private life route.

Naila Kosar is a specialist immigration solicitor with extensive experience in private life applications, including cases involving complex residence histories and human rights arguments. She will assess your individual circumstances carefully and give you an honest view of whether this route is available to you.

Who Does This Route Cover?

The private life route recognises that different applicants have different relationships with the UK depending on when they arrived and how long they have lived here. There are three main categories.

Children under 18 who have been continuously resident in the UK for at least seven years may qualify for permission to stay where it would not be reasonable to expect them to leave. A child born in the UK who has been continuously resident for seven years may be eligible to apply directly for settlement rather than permission to stay, which is a more favourable outcome than is available to most other applicants on this route.

Young adults aged 18 to 24 who arrived in the UK as a child and have spent at least half their life continuously resident here may qualify under the young adult limb of the route. This category recognises that those who came to the UK as children did not make a conscious choice to move here and are likely to have established their education, relationships, and identity in the UK.

Adults aged 18 or over who do not qualify under the young adult limb must either have been continuously resident in the UK for more than 20 years or demonstrate that there would be very significant obstacles to their integration into the country they would have to go to if required to leave the UK. This second limb is a high threshold and requires careful assessment of the individual’s circumstances and the conditions in the proposed country of return.

Continuous Residence

An important feature of the private life route, which distinguishes it from the long residence route, is that the qualifying period of continuous residence can include time spent in the UK with or without immigration permission. This makes the route accessible to people who may have periods of unlawful residence in their history. However, the continuous residence rules are still detailed and must be met, and Naila will assess your residence history carefully as part of any initial advice.

The Route to Settlement

The private life route is a route to settlement. Children and young adults who qualify are on a five-year route to settlement, reflecting the UK’s duty to safeguard and promote the welfare of children and to recognise the particular position of those who came to the UK as children. Adults are on a ten-year route to settlement. Permission is granted in periods of 30 months for adults, with children and young adults able to choose between 30 and 60 months, and the English language and Knowledge of Life in the UK requirements must be met before settlement can be granted.

Where the Residence Requirements Are Not Met

Where an applicant does not meet the specific residence requirements of the private life route, the Home Office is still required to consider whether refusing the application would breach Article 8 of the European Convention on Human Rights on the basis of private life before refusing outright. This is an important provision that can apply in cases involving significant personal circumstances, long residence falling just short of the threshold, or other compelling factors. Naila has considerable experience in identifying and advancing Article 8 arguments in this context.

How Naila Kosar Can Help

Private life applications require a thorough assessment of your residence history, personal circumstances, and the strength of any Article 8 argument before any application is made. Naila provides a complete advisory and application service, from the initial assessment of whether you qualify through to the preparation and submission of a fully evidenced application and advice on any refusal or appeal.

Naila operates on a private fee basis and details of her fees are set out on the main immigration page.

Contact Naila Kosar

If you believe you may have established a private life in the UK and would like to understand your options, please contact us to arrange an initial consultation.

Our offices in Manchester (Burnage) and Stockport (Heaton Moor) are easily accessible, and Naila represents clients throughout the United Kingdom.