Immigration Corner | Obtaining independent leave to remain in private life | News

Dear Mr. Bassie,

Please explain what it means to obtain an indefinite leave to remain in private life.

BB

Dear BB,

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

ILR is how people can settle in the UK. Also called “settling”. Settlement gives people the right to live, work and study there for as long as they want and claim benefits if they are eligible. They can also use it to apply for British citizenship.

ELIGIBILITY

In terms of ILR, the eligibility criteria that individuals must meet are different and will depend on whether individuals apply as an adult or a child.

CHILDREN AND YOUNG PEOPLE

People who were born in the UK and lived there for seven continuous years after birth can immediately apply for ILR based on their private life.

Otherwise, they can claim ILR based on their private life if all of the following are true:

• They received a visa based on their private life when they were between 18 and 24 years old;

• They arrived in the UK as children; and

• Have lived in the UK for five continuous years on a visa.

Individuals may include time spent on any other visa that may have resulted in ILR. Please note that individuals must have held a private life visa for at least one year on the day they apply for ILR.

GROWN UPS

Individuals can apply to establish themselves as an adult on the private life route if they are over 18; have been granted a visa based on their private life in the UK; and have lived continuously in the UK for 10 years on a visa.

Individuals may include time spent on any other visas leading to ILR. They must have held a private life visa for at least one year on the day they applied.

People aged between 18 and 64 must have knowledge of the 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 that they meet the English language requirements when they apply to settle as an adult on the private life route.

Please note that for people who are not eligible based on their private life, there are other ways to apply for indefinite leave to remain. It is advisable to check if they can get ILR in another way.

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

Hope this helps.

John S. Bassie is an attorney/attorney practicing law in Jamaica. He is a Justice of the Peace, Supreme Court Appointed Mediator, Member of the Chartered Institute of Arbitrators, Chartered Arbitrator, Past Global President of the Chartered Institute of Arbitrators and Member of the Immigration Law Practitioners Association (UK). ). E-mail: [email protected]