Private life para 276ADE and others

There are requirements to be met by an applicant for leave to remain on the grounds of private life

Private life para 276ADE and others


The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
(i) does not fall for refusal under any of the suitability grounds; and
(ii) has made a valid application for leave to remain on the grounds of private life in the UK; and
(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
(v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

Leave to remain on the grounds of private life in the UK

Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements are met or, were met in a previous application which led to a grant of limited leave to remain under this sub-paragraph. Such leave shall be given subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.

Where an applicant does not meet the requirements but the Secretary of State grants leave to remain outside the rules on Article 8 grounds, the applicant will normally be granted leave for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.

Where an applicant has extant leave at the date of application, the remaining period of that extant leave up to a maximum of 28 days will be added to the period of limited leave to remain granted.

The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
(a) the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months.
(b) the applicant met the requirements in a previous application which led to a grant of limited leave to remain;
(c) the applicant does not fall for refusal under any of the suitability grounds;
(d) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom; and
(e) there are no reasons why it would be undesirable to grant the applicant indefinite leave to remain based on the applicant’s conduct, character or associations or because the applicant represents a threat to national security.

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