The UK Private Life visa usually refers to an immigration route that allows people to remain in the UK based on their long-term personal ties to the country. It is designed to protect a person’s right to a private life under Article 8 of the European Convention on Human Rights (ECHR). The Private Life route is not a single immigration pathway; it covers a number of different ways to remain in the UK, including the child 7-year private life route and the 20-year private life and long residence route.

It is important to note that although the term ‘private life visa’ is used widely, it is not the name of an official visa category in the UK immigration system. Rather, applications of this type are submitted through the family route by applying to remain in the UK on the basis of family life or private life. However, applicants using this route are not applying as family members; they are applying on the basis of their private lives in the UK. The Private Life route has its own set of rules under Appendix Private Life, which is separate from Appendix FM (the rules for family life applications). Understanding the distinction between family route applications and private life applications is important, as the eligibility criteria, qualifying periods, and routes to settlement differ between the two.

The private life route is among the most complex immigration pathways in the UK. To give your application the best possible chance of success, we strongly advise consulting an experienced immigration lawyer before you apply. Speak to our immigration lawyers for a free consultation on 020 3744 2797 or complete our enquiry form to discuss your private life visa.

Who can apply for a private life visa?

The Private Life route in the UK is available to people who have built strong personal ties to the UK over a significant period. Applicants must be physically present in the UK at the time of application. The following categories of people may be eligible to apply:

Children (Under 18) – a child who is under 18 years old and has lived in the UK for a minimum of 7 continuous years may apply under the Private Life route. The Home Office must also be satisfied that it would not be reasonable to expect the child to leave the UK. This is commonly known as the 7-year private life route.
Young adults (18 to 24) – a young adult aged between 18 and 24 who arrived in the UK as a child may be able to apply under the private life route if they have lived in the UK continuously for at least half of their life.
Adults (18 or over) – adults aged 18 or over can apply under the private life route if:
- They have lived continuously in the UK for at least 20 years, or
- They have lived in the UK for less than 20 years, but would face very significant obstacles to integration into the country they would have to live in if required to leave the UK
Dependent children born in the UK – a dependent child who was born in the UK to a parent who has permission to stay under the Private Life route, or who is currently applying for such permission, can also apply under this route.

Private life visa requirements

The Private Life route has a set of general requirements that apply to all applicants. These include validity requirements and suitability requirements. In addition to these general requirements, each Private Life category, i.e. children, young adults, adults, and dependent children born in the UK, has its own specific eligibility requirements that must be met.

General requirements: validity and suitability

Validity requirements

Before the Home Office will consider an application, it must meet the validity requirements set out in Appendix Private Life. These are:

The application must be made using the correct online form (‘Application to remain in the UK on the basis of family life or private life’)
The application fee and Healthcare surcharge must be paid in full, unless the applicant has been granted a fee waiver
The applicant must provide biometric information (fingerprints and a photograph) when required
The applicant must provide a passport or other document that establishes their identity and nationality, and
The applicant must be in the UK on the date of application

An application that does not meet all validity requirements may be rejected as invalid and will not be considered. However, there are exceptional situations where the standard validity requirements are waived. The validity requirements may be overlooked, however, if a private life application is made under Article 8 of the ECHR and if:

The application is made at the same time as a protection (asylum) claim, or as a further submission in person after a protection claim has been refused
The application is made while the person is in detention
The application is raised during an appeal (subject to the consent of the Secretary of State, where applicable)

In these situations, the Home Office will still consider the private life claim even though the full validity requirements have not been met.

Suitability requirements

All applicants must meet the suitability requirements set out in Part Suitability of the Immigration Rules. The suitability requirements are designed to ensure that permission is not granted to individuals whose presence in the UK would not be in the public interest (e.g. criminality, immigration breaches, deception or false representations.) Suitability grounds can be either mandatory or discretionary:

Mandatory refusal grounds

A private life application must be refused (even under Article 8 of the ECHR) if the applicant has a deportation order, they have used deception or provided false information, or they have received a custodial sentence of 12 months or more.

Discretionary refusal grounds

The Home Office may refuse the application, but caseworkers must take into account any factors that justify not refusing. These grounds include lesser criminal convictions, failure to provide information or attend interviews, and concerns about character or conduct.

It is important to note that where an applicant meets the eligibility criteria under Appendix Private Life, the Home Office will not normally refuse their application on the basis of previous immigration breaches. This is because many Private Life applicants may have spent time in the UK without lawful permission, and the route is specifically designed to consider such individuals.

Child 7-year private life route: eligibility requirements

The ‘reasonableness’ test looks at the child’s current circumstances. According to the Home Office guidance, the starting point is that a qualifying child (who has lived in the UK for 7 years) would not normally be expected to leave the UK. The assessment considers factors such as the child’s age, their ties to the UK (including relationships with family and friends), who the child would be expected to leave with, whether they have family or friends in the country of return, and whether they have ever visited that country.

The period of continuous residence can include time spent in the UK with or without permission. However, continuous residence does not include time spent in prison or detention following a criminal conviction. Continuity is also broken if the child has been absent from the UK for more than 6 months at one time, has spent 550 or more days outside the UK in total, or has been removed or deported from the UK. A child born in the UK who has been continuously resident for at least 7 years may be eligible for immediate settlement (ILR) rather than an initial grant of limited leave.

Young adult private life route eligibility requirements

To qualify under the young adult private life route, applicants must have spent at least half of their life continuously resident in the UK.

For example, a person who is 24 years and 6 months old at the date of application must have arrived in the UK by the age of 12 years and 3 months. The rationale behind the half-life test is that the greater the proportion of a young person’s life spent in the UK, the more likely it is that they have established a genuine private life here. If a young adult does not meet the half-life requirement, they may still qualify under the adult route if they can show that they would have very significant obstacles to integration into their country of return. Continuous residence is calculated in the same way as for children; it can include time with or without permission, but excludes time in prison and is broken by the same absence rules.

20 Years Private Life Route eligibility requirements

An applicant who has completed 20 years of continuous residence in the UK may qualify for leave to remain under the private life route (subject to suitability requirements). Where an applicant has not yet completed 20 years, they may still qualify if they can demonstrate that there would be very significant obstacles to their integration into the country where they would have to live if required to leave the UK.

It is important to note, however, that the bar for ‘very significant obstacles to integration’ is set very high. It would mean something that would prevent or seriously prevent the applicant from establishing a private life in the country of return, or that would cause very serious hardship. When making a decision, the Home Office will look at a range of factors, including:

The applicant’s cultural background and how familiar they are with the country of return
How long they spent living in the country of return, and at what age
Whether they have family, friends, or social networks in the country of return
Whether there are particular risks related to faith, political views, sexual orientation, or gender identity, and
Language ability and employment prospects in the country of return

The starting point for the assessment is that integration into the country of return is possible, and, therefore, it is for the applicant to prove otherwise with strong evidence. Factors such as having no family in the country of return, never having lived there, or not speaking the local language are not normally sufficient on their own. What matters is the whole picture.

Continuous residence under the 20-year route can include time spent in the UK with or without permission. It does not include any period of imprisonment following a criminal conviction, however. Continuity is broken if the applicant has been absent from the UK for more than 6 months at one time, or has spent 550 days or more outside the UK in total, or has been removed, deported, or left the UK after a refusal of permission.

Dependent child born in the UK to a person on the Private Life Route eligibility requirements

A child who was born in the UK may apply for permission to stay as a dependent of a parent on the Private Life route. To be eligible, the following requirements must be met:

The child must have been born in the UK and must provide a full UK birth certificate
The child must be under 18 on the date of application
The child must be applying as the child of a parent who has a valid pending application on the Private Life route, has permission to stay on the Private Life route, or has settled (provided they had Private Life permission when they settled and the child was born before settlement), and
The child must meet the requirements of Appendix Children, including the independent life requirement, care requirement, and relationship requirement

A dependent child born in the UK is normally granted permission that ends on the same date as the parent’s permission, unless the other parent is a British citizen or has the right to remain in the UK without restriction.

Private Life to Settlement (ILR)

The Private Life visa is a route to settlement in the UK. This means that after a qualifying period of continuous residence with permission, applicants can apply for Indefinite Leave to Remain (ILR). There are two main private life settlement routes:

5-year route to settlement
10-year route to settlement

5-Year Route to Settlement

Children and young adults can qualify for the shorter, 5-year route to settlement, including:

A child who was under 18 and had at least 7 years’ continuous residence can apply for ILR after 5 years of continuous permission on the Private Life route
A young adult (18 to 24) who met the half-life test can apply for ILR after 5 years of continuous permission
A child born in the UK who has been continuously resident for at least 7 years may qualify for immediate settlement without needing to complete a 5-year qualifying period

10-Year Route to Settlement

Adults and dependent children born in the UK are normally placed on the longer, 10-year route to settlement, including:

Those who have lived in the UK for less than 20 years but would face “very significant obstacles” to life in their country of return, or
Dependent children born in the UK to a parent on the Private Life route

Adults on the 10-year route are granted 30 months of permission at a time and must keep extending until they reach 10 years.

Other settlement requirements

In addition to the continuous residence requirements outlined above, applicants for ILR on the Private Life route must also meet the following requirements:

English language – Applicants aged between 18 and 64 will normally need to demonstrate their English language ability at CEFR level B1 or higher. This can be met through a recognised English language test, holding a degree taught in English, or being a national of a majority English-speaking country. Exemptions apply for applicants under 18 or over 64.
Knowledge of Life in the UK test – Applicants in the same age range must pass the Life in the UK test.
Not be in breach of immigration laws – or on immigration bail at the time of the settlement application, though certain overstaying exceptions may apply.

References:

GOV.UK: Private Life Guidance

GOV.UK: Immigration Rules Appendix Private Life

UK Private Life Visa Requirements and Application

Table of Contents