The Private Life Immigration Rules therefore express a policy on private life that is compatible with Article 8 ECHR on private life. It states:Ĩ(1) Everyone has the right to respect for his private and family life, his home, and his correspondence.Ĩ(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.Īrticle 8 ECHR is a qualified right so as to allow countries to set requirements which properly balance the individual right to respect for private or family life with the public interest in safeguarding the economic well-being of the UK by controlling immigration, in protecting the public from foreign criminals and in protecting the rights and freedoms of others. Private life, as enshrined in Article 8 of the ECHR, is a general right that is applied to cases in an individual way. A private life application can only be made in the UK. It applies to all applications for permission to stay made on the basis of Private Life in the UK on or after 20 June 2022. BackgroundĪppendix Private Life was introduced by Statement of changes HC 1118 and replaced the previous Private Life provisions in Part 7 of the Immigration Rules. This section introduces you to considering applications for permission to stay on the basis of private life. These new elements are set out in Background below. This is a new piece of guidance in which private life is dealt with separately from the family migration guidance which it previously formed part of, and which reflects new rules for private life that came into force on 20 June 2022. Published for Home Office staff on 20 June 2022Ĭhanges from last version of this guidance Publicationīelow is information on when this version of the guidance was published: If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team. If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors, then email the Human Rights and Family Policy Unit. There is separate guidance for considering applications for settlement under Appendix Private Life. It sets out what permission should be granted when a child meets the private life rules but also dependent child rules in Appendix FM. It sets out the approach to considering applications from children whether they are applying on their own or as part of a family group. See the settlement guidanceĪ young adult aged 18 years and above and under 25 years who arrived in the UK as a child and has spent at least half their life in the UKĪ person who is over 18 years of age who has spent at least 20 years in the UKĪ person who is over 18 years of age, who has spent less than 20 years in the UK, but for whom there would be very significant obstacles to their returnĬonsideration under Article 8 of the ECHR where a person does not meet the eligibility or suitability requirement on the private life routeĭependent children born in the UK to a person who has permission or is seeking permission on the private life route Children born in the UK who have at least 7 years continuous residence in the UK can apply for immediate settlement on the basis of private life. This guidance tells decision makers how to consider applications for permission to stay on the basis of private life and claims based on Article 8 (on the basis of private life) of the European Convention on Human Rights (ECHR).Ĭhildren under the age of 18 years who have at least 7 years continuous residence in the UK, and it is not reasonable for them to leave. It also tells decision makers how to deal with applications from a dependent child born in the UK to a person on the Private Life route. This guidance tells decision makers how to consider applications for permission to stay in the UK on the basis of Private Life, made by a person who arrived in the UK as an adult, by a person who arrived in the UK as a child, and by such a person who is now over 18 who arrived in the UK as a child.
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