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Private life application
Already living in the UK? You may be able to make an application to stay in the UK on the basis of your private life. Our immigration lawyers are here to guide you through the process.
Eligibility for Private life application
You may be able to make an application to stay in the UK on the basis of your private life if you are already living in the UK. To be eligible to make a private life application, you will need to meet the requirements. You will need to provide evidence that you fall into one of the following categories:
- You are under 18 years old and you have lived in the UK continuously for at least 7 years and it would be unreasonable to expect you to leave the UK.
- You are between 18 and 24 years old, you arrived in the UK before the age of 18 and you have lived continuously in the UK for at least half your life.
- You are 18 years old or over and you have lived in the UK continuously for 20 years. This is called a private life (long residence) application.
- You are 18 years old or over and have spent less than 20 years in the UK and would have very significant problems living in the country you would have to return to.
- You were born in the UK to a person who has permission to stay in the UK on the basis of their private life or is applying for permission to stay on the basis of their private life.
Eligibility for Private life (long residence) application
If you have been living in the UK continuously for at least 20 years, you may be able to make an application to stay in the UK on the basis of the private life ties you have established during your time in the UK. Time spent in the UK without permission also counts towards this 20-year period. Time spent in prison does not count towards your period of continuous residence.
You will need to provide evidence of living in the UK throughout this 20-year period and evidence that your continuous residence has not been broken by absences from the UK. If you have spent more than 6 months outside the UK at one time or 550 days or more outside the UK during the 20-year period, this will be considered to break your continuous residence.
It can be difficult to find sufficient evidence for long residence applications to cover the full 20-year period. You should seek legal help if you are considering making a long residence application.
Application process
When you make an application on the basis of your private life in the UK, you will need to complete an online application form, and pay the application fee for your visa. Once you have submitted your application, you will need to arrange and attend a biometrics appointment to have your fingerprints and photograph taken.
You will need to upload evidence to support your application. It is very important to seek legal advice before making a private life application because it can be difficult to satisfy the requirements of this application and obtain the required supporting evidence.
Once you have attended your biometrics appointment, you will need to wait for further contact from the Home Office, who may request further documentary evidence to support your application.
Private life application duration
If your application for permission to stay in the UK on the basis of your private life is successful, you will be granted 2 years and 6 months stay. Before your permission to stay in the UK expires, you will need to apply to extend your private life visa. You will need to ensure you submit your application before the date your permission to stay expires. If you apply to extend your visa after this date, you may be considered to have overstayed your visa and risk being removed from the UK.
If you have successfully been granted visa extensions, you may be able to apply for Indefinite Leave to Remain in the UK after 10 years spent on a private life visa.
We’re here to help you
When it comes to obtaining reliable legal advice, Seraphus is your dedicated source of expert guidance.
We specialise in providing personalised support to help you navigate the complexities of the application process, ensuring a seamless and hassle-free experience.
Contact us today using the contact us form.
Private Life application FAQs
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How long does it take to receive a decision on a private life application?
It is difficult to assess exactly how long it will take to receive the outcome of an application for a private life visa. The Home Office currently estimates a private life visa application should be processed within 9 months. However, this may be longer depending on the complexity of your case.
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Can I make a private life application if I cannot afford the application fees?
If you are unable to afford the application fees, you may be able to apply for a fee waiver. You will need to be able to provide evidence of your financial circumstances which demonstrates that you cannot afford to pay the application fee. If your fee waiver application is unsuccessful, you will be required to pay the application fee within 10 working days of receiving the result of your fee waiver application. We advise you to seek legal representation to support you with making a fee waiver application.
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Can I work and study if I am granted a private life visa?
You can work and study in the UK without restrictions if you are granted a private life visa.
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Can I access benefits if I am granted a private life visa?
You are not able to claim benefits if you are granted a private life visa. However, when making an application, it is possible to request that the conditions of your private life visa are varied to allow you to claim benefits. A condition which allows for access to public funds will only be granted in exceptional circumstances.
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Am I subject to immigration enforcement?
If you have insecure or unclear immigration status and you are unsure of your rights and entitlements in the UK, you may be vulnerable to immigration enforcement which could in the worst scenario lead to removal from the UK. We advise you seek legal help on how to regularise your status in the UK.
