Those aged between 18 to 25 years old may apply for permission to stay in the UK based on their private life. Such applications are made under paragraph 276ADE of the Immigration Rules and have a significant human rights element, particularly under Article 8 of ECHR.
Paragraph 276 ADE of the Immigration Rules provides the following with respect to applicants who are over the age of 18 but under the age of 25:
(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)
Accordingly, an applicant over the age of 18 but under the age of 25 may apply for permission to stay in the UK where the applicant can show that he has spent at least half of his life living continuously in the UK.
An applicant under this category may show that he has continuously lived in the UK for half of his life by submitting documents that demonstrate this. These may include:
- Birth certificate
- Entry clearance vignette
- Educational and medical documents
- Evidence of previous visas held
- Proof of residence in the UK
“Continuously” does not mean that the applicant can never have left the UK. The Home Office will disregard short absences from the UK. The idea is simply to demonstrate that the UK has been the home of the applicant for a significant period of his life.
Applicants who are over the age of 18 but under the age of 25 may still apply for permission to stay in the UK where they have not lived in the UK for at least half of their lives. Such an application would need to demonstrate that there are exceptional circumstances which prevent the applicant from leaving the UK, or exceptional circumstances which would make requiring the applicant to leave the UK disproportionate.
An application under paragraph 276ADE can only be made from inside the UK. Where successful, the applicant will be placed on a 10-year route to settlement and granted permission to stay in the UK for 30 months. Extensions can be sought until the applicant is eligible to apply for settlement. The same applies to those who make an application outside of the Immigration Rules based on their exceptional circumstances.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.