Immigration Corner | Obtaining independent leave to remain by your private life

Dear Mr Bassie,

Would you please explain what it means to obtain indefinite leave to remain by way of your private life.

BB

Dear BB,

Persons may be eligible for indefinite leave to remain (ILR) if they either have a visa on the basis of their private life, or if they were born in the United Kingdom (UK) and have lived there continuously up to the age of at least seven years old.

ILR is how persons are able to settle in the UK. It is also called ‘settlement’. Settlement gives persons the right to live, work and study there for as long as they like, and apply for benefits if they are eligible. They can also use it to apply for British citizenship.

ELIGIBILITY

With respect to ILR, the eligibility criteria persons would need to meet are different and will depend on whether persons are applying as an adult or a child.

CHILDREN AND YOUNG ADULTS

Persons who were born in the UK and have lived there for seven continuous years since their birth can apply immediately for ILR on the basis of their private life.

Otherwise, they can apply for ILR on the basis of their private life if all of the following are true:

• They were given a visa on the basis of their private life when they were between the ages of 18 and 24;

• They arrived in the UK as a child; and

• They have lived in the UK for five continuous years with a visa.

Persons can include time they have spent on any other visa which may have led to ILR. Please note that persons must have been in possession of a visa based on their private life for at least one year on the day they made the application for ILR.

ADULTS

Persons can apply to settle as an adult on the private life route if they are over 18 years old; were given a visa on the basis of their private life in the UK; and have lived continuously in the UK for 10 years with a visa.

Persons can include time that they have spent on any other visas which lead to ILR. They must have had a visa based on their private life for at least one year on the day they made the application.

Persons who are 18 to 64 years old must have a knowledge of language and life in the UK. They should book and pass the Life in the UK Test. Please note that they do not need to prove they meet the English language requirements at the time when they apply to settle as an adult on the private life route.

Please be aware that for persons who are not eligible on the basis of their private life, there are other ways to apply for indefinite leave to remain. It is advisable that they check if they can get ILR another way.

The cost is £2,885 for each person applying. It should be noted that persons must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until they receive a decision. If they do, the application will be withdrawn.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com