Applications based on Private & Family Life in the UK
Private and Family Life 10 Years route to Settlement Applications in the UK
An applicant needs to choose a category known as a ‘route’ to apply in for further leave to remain in the UK. Each route has different eligibility requirements. An applicant can make the following applications by using application form FLR (FP) in the 10 years route to settlement in the UK.
- Parent of a child
- Partner Application under 10 years route to settlement
- Private Life in the UK (10 Years route)
Parent of a child
A ‘Parent’ means a natural (biological) parent, or an adoptive parent or a step-parent where the biological parent has died.
An applicant, in this case, a father or mother of a child with whom he or she has a genuine and subsisting relationship and the child is in the UK, either British Citizen or has Indefinite leave to remain in the UK, or has lived in the UK continuously for at least 7 years and it would be unreasonable to expect the child to leave the UK. This is to protect the best interest of the child. The applicant needs to have either sole parental responsibility or shared responsibility. Section 55 of the Border Agency Act 2009 is of paramount value in this regard. If the child was born in the UK but is not a British citizen and their birth parents are unable to look after them, anyone who takes on parental responsibility will also be considered a parent in this case. If the child lives with their other parent or carer with must be a British citizen or settled in the UK and the applicant must have access to the child in person, as agreed with the other parent or carer or by a court order.
Partner Application under 10 years route to settlement FLR (FP) Application as a Partner of a person present and settled in the UK.
An applicant can make an application on FLR FP form as a partner under the 10 years route to settlement who does not meet the requirements of leave to remain as a partner under the 5 years route. The applicant may submit his or application under the 10 years route to in following circumstances where he or she is unable to meet the financial requirements and or does not have lawful residence in the UK and or unable to meet the English language requirement of the Home Office. To make a successful application under the 10 years route it is important to meet the requirement of EX.1 in Appendix FM of the Immigration Rules. The Applicant must show that there are serious reasons why he or she cannot live with the partner as a couple in another country.
The requirements of EX1 under the Appendix FM of the Immigration Rules can also be met by an applicant by proving that the applicant is in a genuine and subsisting relationship with his or her British or settled partner in the UK and that there are insurmountable obstacles for family life to be enjoyed outside the UK. The threshold of insurmountable obstacles is very high and to prove that exceptional and compassionate circumstances exists.
Private life in the UK (10-year route)
The applicant must be able to fulfil following requirements in order to qualify for leave to remain in the UK. The Home Office will grant 30 months leave to remain (visa) to the applicant once these requirements are fulfilled:
- The applicant is between 18 and 24 of age and has lived continuously in the UK for more than half their life
- For the applicant who is 25 years or old must have been in the UK continuously for 20 years.
- Applicants who are 18-year-old or over and have spent less than 20 years in the UK, but have lost their ties to their home country, country of origin.
- The applicants are under the age 18 years and have lived in the UK continuously for at least 7 years and in addition, it would be unreasonable to expect them to leave the UK.
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