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Am i eligible to apply for ILR now?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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significantb00129
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Am i eligible to apply for ILR now?

Post by significantb00129 » Mon Dec 25, 2023 12:04 am

Hi, me and my family are on a family visa on basis of private life. I came to the UK on asylum with my family at the age of 7 and am now 20 years old and we got the family visa on basis of private life in 2018.

On the gov website here: https://www.gov.uk/apply-indefinite-lea ... ligibility

Everything written in bulletpoints under “children and young adults” is true for me.
Our current visa expires in September 2024. Am I eligible to apply for ILR by myself right now considering all that criteria applies to me or do I need to wait and apply together with the rest of my family when our current visa is about to expire and needs renewed? My parents are on the 10 year route so they won’t be able to apply for ILR with me.

My dad’s lawyer said that we need to apply together as a family when the current visa is coming to an end and they will be applied for an extension and I will be applied for ILR but was just wondering if I could just apply now as it seems like I should be able to. Thanks

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zimba
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Re: Am i eligible to apply for ILR now?

Post by zimba » Tue Dec 26, 2023 8:55 pm

Under Appendix Private Life rules, as a young adult born outside the UK, you must meet the 'half life' test in order to qualify for ILR. As you have been in the UK since you were 7 years old, you meet the criteria, so you are eligible for ILR under the private life route and you can apply on your own now.
PL 4.1. Where the applicant is aged 18 or over and aged under 25 at the date of application and arrived in the UK before the age of 18, the applicant must have spent at least half their life continuously resident in the UK.
PL 14.1. An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.
PL 14.2. An applicant who is aged 18 or over at the date of application and does not meet the requirement in PL 14.1 must have lived in the UK for a continuous qualifying period of 10 years with permission set out in PL 14.3. or 14.4.
Immigration rules, Appendix Private Life: https://www.gov.uk/guidance/immigration ... ivate-life

You should apply using form SET(PL): https://visas-immigration.service.gov.u ... -and-other
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

significantb00129
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Scotland

Re: Am i eligible to apply for ILR now?

Post by significantb00129 » Wed Dec 27, 2023 2:41 am

zimba wrote:
Tue Dec 26, 2023 8:55 pm
Under Appendix Private Life rules, as a young adult born outside the UK, you must meet the 'half life' test in order to qualify for ILR. As you have been in the UK since you were 7 years old, you meet the criteria, so you are eligible for ILR under the private life route and you can apply on your own now.
PL 4.1. Where the applicant is aged 18 or over and aged under 25 at the date of application and arrived in the UK before the age of 18, the applicant must have spent at least half their life continuously resident in the UK.
PL 14.1. An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.
PL 14.2. An applicant who is aged 18 or over at the date of application and does not meet the requirement in PL 14.1 must have lived in the UK for a continuous qualifying period of 10 years with permission set out in PL 14.3. or 14.4.
Immigration rules, Appendix Private Life: https://www.gov.uk/guidance/immigration ... ivate-life

You should apply using form SET(PL): https://visas-immigration.service.gov.u ... -and-other
Thank you for the clarification. Just another question, me applying for ILR on my own won’t interfere in any way with my parents getting an extension on their private life family visa correct?

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zimba
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Re: Am i eligible to apply for ILR now?

Post by zimba » Wed Dec 27, 2023 12:35 pm

No. It has nothing to do with their cases
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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