Private and Family Life Visas
► New Rules were introduced in June 2022 which allow a faster route to settlement for children and young people. Our expert team of immigration solicitors and consultants will handle your case efficiently and swiftly.
The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) into domestic British law. Following Brexit these have been invoked into the Immigration Rules, in particular Article 8 ECHR- “Right to respect for private and family life”.
If an application satisfies all the eligibility requirements, you should expect to be granted on the 5-year route rather than the 10-year route. This is the period of time that will take for you to get settlement / indefinite leave to remain.
There are various routes under this category which are:
- Child born in the UK and has completed 7 years. This will lead to settlement.
- You entered the UK as a child and had completed 5 years of leave to remain. This will lead to settlement.
- Young adults between 18 and 25 years who arrived in the UK as children and spent half of their life in the UK. They will be on the 5-year route.
- You have been continuously resident in the UK for more than 20 years. You will be on the 10-year route.
If you do not fall into any of the categories above, you can apply under the family life route. This Route is usually for people who are overstayers or cannot meet the requirements of the 5-year partner/parent route.
If, for example, an applicant does not meet the financial threshold of £18,600 then he can still be granted a visa subject to meeting some of the exceptions relating to a ‘partner’ and/or a ‘parent’.
► You should bear in mind that if you meet the requirements of a Partner visa you cannot make an application under private or family life.
Common categories in which an application can be made:
- You have a child in the UK who is a British or Irish citizen or
- You have a child who has lived in the UK for 7 years and it would be unreasonable for them to leave the UK or
- You have a genuine and subsisting relationship with a partner but cannot meet all the requirements and there will be difficulties in continuing family life outside the UK.
► Section 55 of The Borders, Citizenship, And Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the United Kingdom.
The Home office UKVI fees and Immigration Health Surcharge can be very expensive for you. In particular, when you have dependents such as children or a spouse, this amount can be exorbitant!
► We can help you to apply for a FEE WAIVER if you are unemployed, destitute, or on a low income. What this means is you do not have to pay either the Home Office or Immigration Health Surcharge fees or both.
OTHER RELATED APPLICATIONS
- Victims of Domestic Violence– must prove you were on a partner visa and your relationship has broken down permanently as a result of domestic abuse.
- Adult Dependent Relative– have to demonstrate that due to age, illness or disability, your parent requires a level of long-term personal care that can only be provided in the UK by a relative in the UK and without recourse to public funds.
CK SOLICITORS will assist you with the following:
- Check which visa category you are eligible for and advice you appropriately
- Provide you with a tailored document list for your application
- Advice you on how you can become eligible for a specific route
- Take you through all the steps from start to finish
- Submit legal representations on your behalf
- Correspond with the Home Office on your behalf