Indefinite Leave to Remain (ILR) for Children and Young Adults
Home Office policy regarding child settlement is that a child who was born in the UK and who has resided there continuously for seven years is qualified to apply for Indefinite leave to Remain (ILR) based on private life. However, the Home Office has also introduced a concession in October 2021 for young adults who have come to the UK as children and lived here since to allow them to settle early within 5 years rather than have to wait the usual 10 years before settling.
To be eligible as a child, the following criteria must be satisfied:
- You must have been born in the UK and have lived here for 7 continuous years since your birth. You can then apply to settle immediately based on your private life.
For young adults, the following criteria must be satisfied:
- Applicants must be aged 18-24 years old on the date of application
- Applicants must have spent at least half of their life in the UK (discounting any periods of imprisonment)
- Applicants must have either been born in the UK or must have entered the UK as a minor
- Applicants must have held five years limited leave (Leave to Remain)
- Applicants must be eligible for further leave to remain under paragraph 26ADE(1) of the immigration rules and have made an application under those Rules
- Applicants must have had a visa based on private life for at least one year on the day they apply
Other factors the Home Office may consider:
- The links the young adult has with the UK (Connections and Ties)
- Length of their residence in the UK
- Whether the actions of the parents/guardians caused them to overstay in the UK. The young adult is usually not to be held accountable for the periods of unlawful residence.
- Age on arrival
- The impact of a shorter period of leave (limited leave) on an Applicants health and welfare
The early ILR concession will save applicants money on application costs to the Home Office and on the payment for the Immigration Health Surcharge. This concession will also go some way to alleviating the burden of temporary status on young people, allowing them to more fully participate in their lives without their status hanging over their head. Additionally, it’s possible that Applicants will be able to apply for naturalisation as British citizens considerably sooner.
How we can help
Our experienced lawyers can help you through the initial application process. We can also assist you with challenging any refusal decisions by way of Administrative Review or other appeal process as necessary. We assist Applicants by:
- Obtaining the complete facts of their case and taking time to understand individuals’ circumstances
- Collecting relevant documents and assembling a file of supporting evidence that goes above and beyond the base Home Office requirements to ensure an application the best chance of success
- Advising the best solutions and alternative options relevant to individuals’ scenarios
- Using our expertise to undertake one-to-one interview preparation where necessary
- Preparing any relevant application along with tailored covering submissions
- Submitting any relevant application to the correct authority whilst being mindful of deadlines
- Communicating with the relevant authority until a decision is made
- Advising about rights and entitlements following a decision on an application
- Providing follow-up support and services as necessary
By Hanna Barzinji