20 Year Route (Question regarding Suitability)

HI Forum,

I am new. I am enquiring this on behalf of a good friend of mine. He came to the UK for asylum but the application had been refused eventually. He managed to stay in the UK for just over 20 years now and considering apply for leave to remain through the private life route (the 20 years route). I am just doing the application for him and found one of the rule is saying: The applicant requires to met suitability 1.2-1.8 Appendix FM.

S-LTR.1.1. The applicant will be refused limited leave to remain on grounds of suitability if any of paragraphs S-LTR.1.2. to 1.8. apply.
S-LTR.1.2. The applicant is currently the subject of a deportation order.

He had previously been issued a deportation order about an years ago. Does this order expires? Or is there any route to apply for leave to remain.

Thank you for any input!

There is a great difference between a deportation order and an administrative removal. The media refers to both as deportation orders and they are very different pieces of legislation.

If your friend is a failed asylum seeker it is almost certain he was served a removal notice rather that a deportation order. For the purposes of the application your friend needs to confirm it was an administrative removal he was served.

Thank you Frontier Mole for your reply. My friend was served with an administrative removal. Is he still qualify for the 20 years leave to remain route to apply on the basis of private life? If so, he has been in the UK continuously for 19 years and 9 months. Does he had to wait the extra 3 months or he can apply now as I aware some visas can apply up to 6 months in advance. Thank you!

Applying for leave to remain under the 20 year illegal route is not the same as applying for a visa. Your friend should apply no earlier than 28 days prior to qualifying under the 20 year route.

If the Home Office intends to remove the individual then I suggest they get professional legal advice.

Thank you once again Frontier Mole. You have been extremely helpful. We had the opportunity to go through the questions on the application form online. Some background about him, he arrived at Heathrow almost 20 years ago and claimed asylum but the application was failed, he then since got arrested by immigration a few times and an administrative removal notice was served, he's last arrest was about a year ago and was released by immigration on health ground. He got a friend whom offer him free accommodation. I am not sure how complex this case is and should this be completed by an immigration advisor rather than me doing it. And just wanted to know what sort of chances of him getting the two and half years leave to remain granted. Thanks!

There are two things that are critical. A verified arrival date, so that will be the date they can absolutely prove their entry to the UK, passport stamp as an example. If there is no evidence of that nature then the date when asylum was claimed will be taken as the date of entry. The 20 years clock ticks from the first verifiable date they become formally aware to the Home Office.

The second critical issue, any prosecution for criminal activity. Being arrested by immigration is not in itself a criminal matter. Any time spent in prison is excluded as part of the 20 years.

If the above points are covered off then the application has crossed the initial threshold. The rest will all depend on the information / evidence that will be required to support their claim. That is an endless possibility of other information. Hence the need to seek professional help.

There is never any surety of success particularly with these claims. It will be a long haul and be prepared for setbacks.