If you are a non-EEA national, you may qualify to apply for leave to remain or indefinite leave to remain (settlement) if you have lived in the UK for a lengthy period of time.
In order to apply for settlement:
You must have lived in the UK lawfully for at least 10 years
There must be no reason why granting leave would be against the public good
You must meet the appropriate English language requirement and passed the Life in the UK test
You must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974
You may also be able to apply for leave to remain where you have not acquired 10 years of lawful residence. For instance, you may apply if:
Private and Family Life
You have lived in the UK for at least 20 years (including periods of unlawful residence)
You are over the age of 18 and have lived in the UK for less than 20 years, but you have no ties with the country to which you would have to go if you were required to leave the UK
You are a young person, aged between 18-25, and have spent at least half of your life in the UK.
Article 8 of the European Convention on Human Rights may be applicable in your case in relation to your right to respect for private and family life. However, there is a lot of discretion in the hands of the decision-maker as they are required to balance your rights against the need to maintain an effective system of immigration control.
Applicants may be able to invoke human rights arguments where they cannot satisfy the requirements prescribed in the Immigration Rules.
For example, if you are unable to meet the requirements for a spouse visa, you may be able to apply to enter or remain in the UK on the basis of your right to family life. Instead of the 5-year route to settlement, you will have to have lived in the UK for 10 years prior to being eligible for settlement.
How can our experienced team help you?
To assist you in navigating complex human rights and immigration laws and ensuring that your application is given the best prospects, we can represent you throughout your case for a fixed fee of £1,200 plus VAT for non-complex cases.
We believe a fixed fee makes it easier for you to budget for your application and therefore will not vary from this price unless we feel that your application will require significantly more work than a standard application. In this event, we will explain why in advance of work beginning on your matter.
Our service includes: providing you with a tailored list of documents which we believe are necessary for you to provide in your particular circumstances; drafting a letter of legal representations which explains to the decision-maker how you meet the appropriate requirements; preparing and submitting your application on your behalf; and liaising with the Home Office as and when is necessary until a decision is reached on your case.
We believe a fixed fee makes it easier for you to budget for your application and therefore we will not vary from this price unless we feel that your application will require significantly more work than a standard application. In this event, we will discuss this with you in advance of beginning work on your matter.
Once we receive the appropriate documents from you, we will submit your application promptly and generally within 10 days of receipt of these. We will take note of your preferences when it comes to application submission and try to work with you to achieve your desired outcome.
We are unable to guarantee how long the Home Office will take to decide on your application, although unnecessary delays that exceed 6 months may be unlawful in your matter. You can read current Home Office processing times guidance here: https://www.gov.uk/guidance/visa-decision-waiting-times-applications-outside-the-uk
Please contact us today for a free no-obligation discussion by calling our City of London or High Wycombe
Our Immigration and Human Rights Team