Am i eligible for ILR?

[hiherenx]

i'm 21 years old and will be completing 5 years soon on limited leave to remain. Applied when I was 17 alongside my mother.

my mother is on a 10 year route to settlement. I'm on the private life route and we applied at the same time. It looks like some changes were made last year so I think I can apply for ILR? is this the case or does this not apply to me as I'm dependant on her? I haven't read anywhere that has made this clear. I was hoping I could apply for ILR and that this won't hurt her renewal application as hers is as a parent on 10 year route and I'm dependant.

[zimba]

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. What is your full immigration history ?

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.

https://www.gov.uk/guidance/immigration ... ivate-life

[hiherenx]

I was born outside the UK. Arrived in England when I was 4 and never left. I had permission to stay under the private life route and I applied when I was 17 years old. I'll complete 5 years on limited leave to remain soon.

I was searching on different websites and I found this. "The concession also ought to apply to certain young adults who were granted limited leave on the 10-year route to settlement under Appendix FM as dependents on family members. The policy explicitly does not apply to young adults when the family member on whom they are dependent is eligible to apply under the Appendix FM 10 year route, since “they can be expected to continue to be granted in line with their parent, guardian or family member on whom they are dependent.” This means that the concession should be triggered by applicants who have completed 5 years leave to remain as a dependent on the 10 year route under Appendix FM; are now aged between 18 and 24; have resided in the UK for more than half of their lives; and where either they are no longer dependent on the family member who was the primary applicant, or that family member is no longer eligible (or is no longer applying) for further leave under Appendix FM."

Now, that was posted in 2021 and I understand in 2022 there were updates so maybe something changed but all I would like to know is if I can apply for ILR even though I'm dependant on my Mother? as she is on the parent 10 year route, it is only because of me. I am still dependent on her and she will still be renewing every 30 months until she completes 10 years which is why I'm unsure if this applies to me or not.

[zimba]

If you were granted leave under private life, then you are eligible for ILR. Otherwise, you will follow the same path as your mother. You claimed above that you were granted leave under private life in 2017 and not under Appendix FM. So you must have been granted leave under paragraph 276ADE or 276 BE(2) of the rules in place before 20 June 2022. My question is how do you know that your leave was granted under private life ?

[hiherenx]

The letter i received said " You have been granted permission to stay in the United Kingdom (UK) on the private life route." You have been granted permission to stay in the UK for 30 months on the 10-year route to settlement"


I did see something about 276ADE or 276 BE(2) in the letter our consultant sent us but my application was definitely under private life

[zimba]

Before 20 June 2022, private life was indeed a 10-year route to ILR. After the introduction of the new Appendix Private Life, many people (particularly children) were given a fast-track path to ILR. So if you had leave granted under private life and now you have 5 years, you are indeed eligible for ILR under private life.