Am I eligible for ILR under the new route under private life?

[bailfyr44]

My last visa (FLR FP - family and private life) was granted in 2020 when I was 24 years old. Prior to this I held the same, twice, since the age of 18.

This visa is now due to run out in April, instead of applying for the 4th and final extension can I instead apply for ILR under paragraph 14.1?

I spoke to a solicitor about it who said its at the discretion of the caseworker, he seemed genuine. He also mentioned that they would also apply using FLR FP (and ask for ILR) which I don't really understand.

[zimba]

The Appendix Private Life retains the four grounds on which permission can be granted based on private life. These are:

•be a child resident in the UK for at least seven years who can’t reasonably be expected to leave (‘seven-year children’), which will now be paragraph PL 3.1
•be aged 18 to 24 and resident here for at least half their life (‘young adults’), now PL 4.1
•be resident here for more than 20 years, PL 5.1(a)
•face very significant obstacles to integration in their country of return, PL 5.1(b)

Everyone else needs 10 years under the rules to qualify for ILR

[bailfyr44]

The Appendix Private Life retains the four grounds on which permission can be granted based on private life. These are:

•be a child resident in the UK for at least seven years who can’t reasonably be expected to leave (‘seven-year children’), which will now be paragraph PL 3.1
•be aged 18 to 24 and resident here for at least half their life (‘young adults’), now PL 4.1
•be resident here for more than 20 years, PL 5.1(a)
•face very significant obstacles to integration in their country of return, PL 5.1(b)

Everyone else needs 10 years under the rules to qualify for ILR

I am referring to settlement. Not permissions to stay.

Under the qualifying period for settlement section - 14.1 - it states;

PL 14.1. An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.

[zimba]

Yes, I get that. The question specifically is whether you meet the 'half life' test as per PL 4.1 above

PL 14.1. An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.

PL 14.2. An applicant who is aged 18 or over at the date of application and does not meet the requirement in PL 14.1 must have lived in the UK for a continuous qualifying period of 10 years with permission set out in PL 14.3. or 14.4.

[bailfyr44]

Yes, I get that. The question specifically is whether you meet the 'half life' test as per PL 4.1 above

PL 14.1. An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.

PL 14.2. An applicant who is aged 18 or over at the date of application and does not meet the requirement in PL 14.1 must have lived in the UK for a continuous qualifying period of 10 years with permission set out in PL 14.3. or 14.4.

Hm - so as long as I met the half life test at the time of the last permission grant - I'm all good?

[zimba]

That is the only way that you can qualify. Otherwise, you cannot apply sooner unless you have 10 years

[bailfyr44]

Yes that was my understanding too. Even though I am now 27 - being able to apply for ILR would save me another pointless LTR extension

[zimba]

Yes that was my understanding too. Even though I am now 27 - being able to apply for ILR would save me another pointless LTR extension

The question is how come you didn't get ILR under long residence if you meet that test ??

[bailfyr44]

Yes that was my understanding too. Even though I am now 27 - being able to apply for ILR would save me another pointless LTR extension

The question is how come you didn't get ILR under long residence if you meet that test ??

I renewed my visa under the Private life rules back in 2020 when I was 24 - this new 5 year route wasn't a thing back then - looks like there was a concession on it in 2021 and then it was brought into the rules mid last year. I only realised this now that my visa is coming to the end but glad that I can still apply for ILR on it.

The home office really should just acknowledge that you are eligible and just give you ILR by default..but of course they wont - its just a money making scheme at the end of the day.

[zimba]

If you have lived here continuously and lawfully for at least half of your life, you should have been eligible for long residence much earlier and you probably had no need to wait for the 2022 rules changes. Also no one is granted any residence visa or ILR automatically. You must apply for it.

[meself2]

I feel like there's confusion here, so let's go into more details. Not an expert on private life, but from my point of view "half your life" means spending at least 12 years in the UK when you were 24, if I understand it correctly
going by the information provided (you held private life visa twice before reaching 24), you only have 5 years of residence
how would you consider yourself as someone who passed half life test? and as noted by Zimba, if you were living there for 12 year by 24, you could've applied 2 years earlier via long residence (combination of any visas that sums up for 10 years).

[bailfyr44]

I feel like there's confusion here, so let's go into more details. Not an expert on private life, but from my point of view "half your life" means spending at least 12 years in the UK when you were 24, if I understand it correctly
going by the information provided (you held private life visa twice before reaching 24), you only have 5 years of residence
how would you consider yourself as someone who passed half life test? and as noted by Zimba, if you were living there for 12 year by 24, you could've applied 2 years earlier via long residence (combination of any visas that sums up for 10 years).

I dont know what my residency status was before 18 - pretty sure I held no visa and was most likely here undocumented as a child. Hence I've had to start again from the age of 18. If the rule changes didnt happen - I would have no choice but to apply for a 4th and final extension which would be another 2,5 years therefore bringing me to 10 but since the rule changes have been introduced - the requirement is now 5.

[mumakk]

Hey, I can’t answer your question but I’m in a similar situation except I’m 30 & I’ve lived here since I was 9. I’ve completed 7.5 years lawfully (almost 9 years if you include the time waiting between visas). I was first granted my visa as young adult under aged 18-24

I was due for my last renewal of 2.5years in nov 22 & I opted to apply for Ilr instead after reading about this new rule. As with all my applications I’ve not used a lawyer as I think it pretty straightforward & lawyers are too expensive. I say just apply for Ilr on if you don’t get Ilr they’ll give you the extension of 2.5years (read that on the Ukvi website) so apart from it being abit more expensive you can’t really lose.

I applied in October 22 & I'm still waiting for a decision but I’m optimistic… I mean I’ve lived here 21 years, I’m a nurse in the nhs & I have a child that’s a British citizen but who knows.

I say apply for that Ilr! & don’t use a lawyer the application is so straightforward & they’ll tell you what documents you need, you definitely don’t need a lawyer to do that x

[zimba]

To summarise, if all the below is true then your ILR should succeed:

• you were first given a visa on the basis of your private life when you were aged between 18 and 24 and you met the half-life test
• you initially arrived in the UK as a child
• you have lived in the UK for at least 5 continuous years

[bailfyr44]

Hey, I can’t answer your question but I’m in a similar situation except I’m 30 & I’ve lived here since I was 9. I’ve completed 7.5 years lawfully (almost 9 years if you include the time waiting between visas). I was first granted my visa as young adult under aged 18-24

I was due for my last renewal of 2.5years in nov 22 & I opted to apply for Ilr instead after reading about this new rule. As with all my applications I’ve not used a lawyer as I think it pretty straightforward & lawyers are too expensive. I say just apply for Ilr on if you don’t get Ilr they’ll give you the extension of 2.5years (read that on the Ukvi website) so apart from it being abit more expensive you can’t really lose.

I applied in October 22 & I'm still waiting for a decision but I’m optimistic… I mean I’ve lived here 21 years, I’m a nurse in the nhs & I have a child that’s a British citizen but who knows.

I say apply for that Ilr! & don’t use a lawyer the application is so straightforward & they’ll tell you what documents you need, you definitely don’t need a lawyer to do that x

Hey - what documents did you include with your application? Also thinking of just doing it myself, it doesnt seem too difficult if all I have to prove is 18-24, half life and living in the UK for 5 continuous years

[bailfyr44]

To summarise, if all the below is true then your ILR should succeed:

• you were first given a visa on the basis of your private life when you were aged between 18 and 24 and you met the half-life test
• you initially arrived in the UK as a child
• you have lived in the UK for at least 5 continuous years

Great - all of that is true for me. Will take a look at the application process

[mumakk]

So, the only documents they asked for were;
- my current passport
- proof of my parental responsibility of my child
- current biometric permit

But I also included:
- a cover letter
- my expired passport
- my child’s British passport & birth certificate
- copy of my degree
- council tax bill
- tenancy agreement
- a letter from my employer (showing job title, salary & type of employment)
- 3 months payslip & 3 months bank statements (I only added these because I already had them as I was originally going to apply for flr)

Tbh I think I should’ve included a copy of my original visa letter stating I was between 18-24 when I was granted leave (I think I’ll probably upload that today).

One tip I’d give you is do the Life in the UK test as soon as possible because you can’t progress pass a certain point of the application unless you put in the reference number showing you passed. & the test was HARD! I left it until 2 weeks before my renewal was due & ended up failing my first attempt so I had to rebook for the next day which was more expensive. I literally only passed because I spent the night memorising the questions & answers. Get the app - it’s the same questions that’s in the actual test.

Hope that helps x

[bailfyr44]

Thanks for the reply - let us know once you get a decision! Hope you get it soon

[bailfyr44]

So, the only documents they asked for were;
- my current passport
- proof of my parental responsibility of my child
- current biometric permit

But I also included:
- a cover letter
- my expired passport
- my child’s British passport & birth certificate
- copy of my degree
- council tax bill
- tenancy agreement
- a letter from my employer (showing job title, salary & type of employment)
- 3 months payslip & 3 months bank statements (I only added these because I already had them as I was originally going to apply for flr)

Tbh I think I should’ve included a copy of my original visa letter stating I was between 18-24 when I was granted leave (I think I’ll probably upload that today).

One tip I’d give you is do the Life in the UK test as soon as possible because you can’t progress pass a certain point of the application unless you put in the reference number showing you passed. & the test was HARD! I left it until 2 weeks before my renewal was due & ended up failing my first attempt so I had to rebook for the next day which was more expensive. I literally only passed because I spent the night memorising the questions & answers. Get the app - it’s the same questions that’s in the actual test.

Hope that helps x

Have you had any reply yet?

[mumakk]

Yh I did. I got indefinite a couple weeks ago - literally a couple days after I hit the 6month mark!


Sorry for the late reply, I didn’t get an email notification about your reply. What did you apply for btw? Not sure if the time came yet? How did you find the life in the uk test? & did you end up doing the application yourself?

[bailfyr44]

Yh I did. I got indefinite a couple weeks ago - literally a couple days after I hit the 6month mark!


Sorry for the late reply, I didn’t get an email notification about your reply. What did you apply for btw? Not sure if the time came yet? How did you find the life in the uk test? & did you end up doing the application yourself?

Thats okay! You have to enable email notifications in 'board preferences' in your profile.

Wooo! Congrats!! Make sure you apply for citizenship as soon as you're eligible - you never know what might happen or change in the future so dont sit on ILR like many do

I also just applied, tried to see if I could get a next day appointment but couldnt so settled for a standard one.

I applied for Settlement Private Life (I think thats what the online form said). Is that the one you did too? It even had questions asking if I had been granted private life etc. to make sure that this was the correct application form for me. Its basically the same as you - I'm 27 now and but seems like I'm also eligible (I conformed this with a solicitor, who surprisingly didnt even know this clause existed until I showed him).

I did it myself, literally took like 30 minutes!

I did the Life in the UK test a few weeks ago, I did a few practice tests here and there (maybe 3-5 a week) for two weeks I think then did some cramming a day or two before. I found a website which had exams with questions that people had reported - I basically memorised that and was done in the actual test after about 2 minutes haha.

[mumakk]

Yh, I’m definitely applying for citizenship next year! I plan to have dual citizenship tbh - you’re right, things are alway changing. The new thing is that all biometric cards are expiring end of 2024 because they’re all gonna change to digital! It’ll be interesting to see exactly how that works.

I also wanted to do next day but I don’t think it’s available for this type of application. Yep, that’s the same form I did. Isn’t is crazy how much solicitors are charging people to fill out such a basic form (provided the case isn’t complex), I think it’s so sad.

Anyway keep us updated. Hopefully it doesn’t take as long as mine did, I seen people on other topics on here saying they got Ilr within a month of applying, so fingers crossed you hear back really quickly too xx

[bailfyr44]

Oh didnt know they were going digital! Good to know.

It is crazy, the cheapest rate I got from a solicitor was £800. Most were like £1200.. its an absolute joke and robbery. Most of them didnt even know that I was eligible for ILR - its actually so worrying that these people are "solicitors". And when you speak to many of them, they really like to throw around big words and overcomplicate everything - basically making it very daunting to apply for yourself..

Ill update as soon as I get anything back, hopefully soon but I dont plan on going anywhere so I dont really mind

[ilovegrapes14]

Hi mumakk, congrats on your ILR!

Can I please ask if your grant of ILR letter says anything along the lines of 'satisfying the requirements of PL 14.1'? Also you mentioned in your post that you had completed 7.5 years and almost 9 including waiting - was that from when you posted or October 2022? Because if it was from October 2022 then you'd have completed over 9 years by the time they granted you ILR (they do include the time waiting between visas) and it's less of a stretch to give you ILR early.

I am in a similar position (almost 8 years on this route) and was going to apply for ILR early but an immigration advisor advised against it because he thinks that I wouldn't satisfy PL 14.1. I know that they will vary my leave to extension if ILR fails but the extra ~£1,500 for the IHS is really making me rethink this.

[mumakk]

Oh didnt know they were going digital! Good to know.

It is crazy, the cheapest rate I got from a solicitor was £800. Most were like £1200.. its an absolute joke and robbery. Most of them didnt even know that I was eligible for ILR - its actually so worrying that these people are "solicitors". And when you speak to many of them, they really like to throw around big words and overcomplicate everything - basically making it very daunting to apply for yourself..

Ill update as soon as I get anything back, hopefully soon but I dont plan on going anywhere so I dont really mind

Hey probably abit soon but I just thought about this thread & I thought I’d come and ask if you got a response yet? X