UK immigration law recognises that, in some circumstances, a person’s established private or family life in the UK may mean that requiring them to leave would be incompatible with their human rights.
These cases are principally concerned with Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. The Immigration Rules contain specific routes for private life and family life applications, while some cases also require consideration of whether refusal would result in consequences that are disproportionate under Article 8.
Private and family life cases can arise in many different circumstances. They may involve a child who has spent a significant part of their life in the UK, a young adult who arrived here as a child, a parent with a genuine relationship with a British or long-resident child, or a person who has established particularly strong ties to the UK over many years.
These applications are highly fact-sensitive. A successful case often depends not simply on completing the correct application form, but on presenting clear and persuasive evidence of the applicant’s circumstances, relationships, residence and the consequences that refusal would have for them and their family.
The appropriate route depends on the applicant’s individual circumstances.
Under the Private Life route, an application may potentially be made by:
Time spent in the UK without immigration permission can, in certain circumstances, count towards the residence requirements of the Private Life route.
Family life applications may also arise where a person has a qualifying partner or child in the UK. This can include cases involving parents of British or qualifying children and partners who cannot meet all of the usual requirements of the standard family route but whose circumstances require further consideration under the Immigration Rules and Article 8.
Every case must be assessed individually.
The evidence required will depend on the basis of the application, but may include:
Suitability matters, including immigration history and certain criminal or other conduct, may also affect the application.
Where a child is affected by an immigration decision, their best interests must be treated as a primary consideration.
This does not mean that the presence of a child will automatically result in an application being granted. The Home Office will consider the child’s individual circumstances, including matters such as their nationality, length of residence in the UK, education, relationships, health and the practical consequences of the family being required to leave or separate.
For that reason, applications involving children should contain evidence addressing the child’s actual circumstances rather than relying solely on evidence of their nationality or a birth certificate.
Our immigration team can assess your circumstances, identify the most appropriate route and advise you on the evidence needed to support your application.
If you believe your private or family life in the UK may provide a basis for you to remain, we can provide clear and practical advice tailored to your individual circumstances and guide you through each stage of the application process.
This article provides general information only and does not constitute legal advice. Immigration law and policy are subject to change, and individual advice should be obtained before making an application.
Potentially, yes.
The Private Life rules expressly allow certain periods of residence in the UK with or without immigration permission to count towards the relevant residence requirements.
Family life applications can also arise where an applicant has overstayed or does not currently have permission to remain.
However, a person’s immigration history remains relevant and the correct legal route should be identified carefully before an application is made.
There is no single residence period that applies to every private or family life case.
For example, the Private Life rules contain different requirements for children, young adults and other adults.
A child may potentially qualify after seven years of continuous residence where it would not be reasonable to expect them to leave the UK. Certain young adults who arrived before the age of 18 may qualify where they have spent at least half of their life continuously in the UK.
For other adults, the rules consider more than 20 years’ continuous residence or, where that period has not been reached, whether there would be very significant obstacles to integration in the country of return.
The correct test therefore depends on the applicant’s age, history and individual circumstances.
It can be highly significant, but it does not automatically guarantee that an application will succeed.
A genuine and subsisting parental relationship with a British child is an important consideration under the family Immigration Rules and Article 8.
The evidence should demonstrate the reality of the parental relationship, including the parent’s involvement in the child’s care, upbringing and everyday life.
The child’s best interests must also be considered as a primary consideration.
A child who has lived continuously in the UK for at least seven years may have important rights under the Immigration Rules.
Under the Private Life route, a child under 18 may qualify where they have completed seven years of continuous residence and it would not be reasonable to expect them to leave the UK.
Seven years’ residence can also be relevant in certain family life applications involving a parent.
The individual circumstances of the child and family must still be considered carefully.
A fee waiver may be available for certain family and private life applications where the applicant cannot afford the relevant application fee and/or Immigration Health Surcharge.
An applicant does not necessarily have to be destitute.
The Home Office considers whether the applicant and those supporting them have sufficient funds available after meeting essential living needs and the needs of any children.
A fee waiver request normally requires detailed evidence of income, expenditure, savings, accommodation and financial support.
A refusal of a human rights claim will generally carry a right of appeal to the First-tier Tribunal, although this depends on the nature of the decision and the individual circumstances.
Appeal deadlines can be short.
It is therefore important to obtain advice promptly following a refusal so that the decision, the evidence and the available options can be assessed.
