Private Life

• 10 Years Lawful Residence applications
• Private Life / Long Residence applications
• Compassionate applications outside the Immigration Rules

“the Home Office seems to have no reliable mechanism for reaching a considered and consistent position on what its own Rules mean.)” — Hoque & Ors v The Secretary of State for the Home Department [2020] EWCA Civ 1357 at paragraph 59

Those who have been continuously and lawfully resident for ten years in the United Kingdom may apply for Indefinite Leave to Remain, if they have not been eligible to do so previously. Care needs to be taken on each application to ensure that continuous residence has not been broken either by way of invalid application, excessive absence or overstay.

The Rule was brought into existence in 1st May 2003 and before then was a long standing concession of several decades. Incremental additions by various changes to the Immigration Rules has rendered the Rule so convoluted that not even the Home Office can make up it's mind.

Appendix Private Life to the Immigration Rules, seeks to define all those whose long association with the United Kingdom combined with the paucity of such ties to their country of nationality, should be eligible to remain in the United Kingdom pursuant to their Right to Private Life under Article 8 of the ECHR.

There then exists a residual and undefinable category of persons , whose circumstances cannot be clearly anticipated in any rule, but whose factors. The focus relies of the Rule relies on the compassionate circumstances the applicants face.

As an illustration for our approach on Private Life Long Residence applications see here.

Just three months after you submitted my application, I received the best news ever that I have been given a limited leave to remain which will lead to indefinite leave to remain in three years time — P. Nakayima

What is more the personal care that he brought to his conduct of my case, inspired trust and alleviated the anxiety that is caused by immigration difficulties. It has been a long and hard journey for me, but this year, finally, I got my permission to remain. Thank God and Thank you Mr Magne — GS Jeoung, Dining Out Consultant