FLR(FP) Private life

[privatelifer099]

Hi,

Thanks to everyone on this forum and particularly those who spend time moderating. This community has been immensely helpful.

I am having an issue with the timing of my Private Life visa.
I was recently accepted on the basis of 276ADE (1) on 06 August 2019. My visa will last until 28 November 2021. At this date, I will have stayed in the UK for less than 20 years, however, I will be older than 25.

At my next renewal application do I then have to apply under (vi)-below? This will be substantially more tricky than (iii)-below. Or, because my first application passed the test, do I not have to worry about this?


Under the rules of 276ADE (1), the only conditions I am eligible for acceptance are:

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

I am not eligibile for the following as I will have stayed here for 19 years and 6 months rather than 20 years:

(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment);


I note that 276BE(1) states that:

" Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements in paragraph 276ADE(1) are met or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v), were met in a previous application which led to a grant of limited leave to remain under this sub-paragraph. Such leave shall be given subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition."

[bringjusticefirst]

As you said you was recently accepted on 6 august 2019 may i ask on what basis you was accepted under paragraph 276ade? How long have you been here and also on what basis did you got accepted? I can clear your confusion for this paragraph as i am learned in the law.

Part 7 of the immigration rules state

(iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or

(iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or

(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); or

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

If you was accepted under (iv) and (v) then you dont have to worry about renewal of your private life visa but under which of these rules have you applied let me know so i can tell you the likely outcome.