Initial Application – Over 18, Under 25 and Spent Half Of Your Life In The UK

You can apply for leave to remain on the basis that you are over 18, under 25 and lived half of your life in the UK continuously. Only applicants who entered the UK when they were under the age of 12 and half years can qualify for leave to remain on the basis of spending half of life in the UK. An application under this category can only be made whilst the applicant is still under the age of 25. Once the applicant turns over 25, it will no longer be possible to meet the requirements of the ruels for an intial application. An application on the basis of 20 years long residence is considered under paragraph 276ADE of the Immigration Rules.

The application is made using application form FLR (FP) and if the application is successful, the applicant is granted leave to remain for 30 months under the 10 years route to settlement. There is no 5-year route to settlement for those who seek to apply for leave to remain under this category.

Eligibility Requirements For Initial Leave To Remain On The Basis Of Living Half Of Life In The UK

Paragraph 276ADE(1)(v) sets out the criteria to be applied, together with the other requirements of the rules, in assessing whether to grant leave to remain to an applicant on the basis of being over 18, under 25 and living half of life in the UK continuously.

To qualify for initial leave to remain for 30 months on this basis, the applicant must satisfy the following eligibility requirements:

• The applicant should meet the suitability requirement as evisaged under paragraph 276ADE(1)(i), and the application of the applicant must not fall for refusal under S-LTR: Suitability;
• The applicant must be aged between 18 and 24;
• The applicant must have spent half of his/her life in the UK continuously.

Aged 18 to 24

Paragraph 276ADE(1)(v) sets out the criteria to be applied, together with the other requirements of the rules, in assessing whether to grant leave to remain to an applicant who is aged between 18 and 24, on the basis of their private life. To meet these requirements, an applicant aged between 18 and 24 must have lived continuously in the UK for at least half their life at the date of application, discounting any period of imprisonment.

Re-Applying After The Refusal

If your application for leave to remain on the basis of spending half of your life in the UK has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for leave to remain on the basis of living half of your life in the UK. We can provide the required legal help and assistance with re-applying for leave to remain on the basis of living of the life in the UK.

How Can We Help?

As your legal representatives, our child visa solicitors can represent you in your application for leave to remain and carry out all the work on your leave to remain application until a decision is received from the Home Office UKVI. If instructed to represent you regarding your leave to remain application, the immigration casework to be carried out by our immigration solicitors will include the following:

• Assessing your eligibility for leave to remain by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your leave to remain application;
• Advising you on the relevant documents to be submitted in support of your leave to remain application;
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
• Completing and submitting the online application form to apply for leave to remain by gathering all the relevant information from you;
• Helping you with paying the application fee and the Immigration Health Surcharge (IHS) online;
• Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
• Where necessary, preparing detailed witness statement of the applicant explaining the private life of the applicant established in the UK and other relevant factors pertaining to the leave to remain application;
• Preparing a detailed cover letter to introduce and support your private life application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• Liaising with the Home Office UKVI for a timely decision on your application.

How Much We Charge?

Unless your matter is very complicated, our fixed fees for leave to remain on the basis of living half of your life in the UK are as given in the fee table below:

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in your application. In addition to our fixed fee for your application, the applicant will also have to pay the Home office UKVI fees for the application.