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Private Life Application: Children in Scotland

Private Life applications to remain in the UK come under Human Rights Visa Applications rules.

It allows children, who may be affected by their parents’ unlawful immigration status, to make their own Private Life application for kids, seeking permission to remain in the UK.

This application is governed by the Appendix Private Life to the UK’s Immigration Rules, which outlines the eligibility requirements and application process, including the eligibility of family members and their definition under Article 8 rights.

The private life visa is a category within the UK’s family immigration scheme.

The immigration rules specify the regulations and requirements related to the private life route, including changes introduced in 2022 and the continuous residence requirements for settlement under the private life visa route.

This application will be based on the merits of their own residency in the UK.

When making a Private Life application, it makes sense to talk to an experienced immigration solicitor.

We can help you highlight exactly what the Home Office is looking for, increasing the chances of a successful application.

Contact Jones Whyte today.

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Making A Private Life Application

A Private Life application for kids and young adults can be made if the applicant is under 18 and meets the eligibility criteria for the private life route, having lived in the UK for seven years. Young adults between 18 and 24 who have spent half their life in the UK are also eligible for a 5-year visa.

The continuous residence requirements for Indefinite Leave to Remain (ILR) under the private life route must also be met, which includes specific durations based on the applicant’s age and circumstances.

While most applications come from a child born in the UK, this is not a requirement. Applicants should show why it is unreasonable to ask them to leave the UK, and why it is in their best interests to remain.

This may be because they have built up relationships with friends and settled into an educational routine.

Decisions should be based on what is best for the child.

The impact of immigration status on family life is also considered by the Home Office, especially in relation to Article 8 of the European Convention on Human Rights. Meeting the knowledge of life in the UK requirement is crucial for indefinite leave to remain. Applicants aged 18 or over who have spent less than 20 years in the UK and would have very significant problems living in their home country can apply for ILR after 10 years.

Making Private Life applications for kids can be a complex process, and it is important to seek advice from experienced immigration solicitors.

Our specialist lawyers can guide you through the application process, ensuring you highlight exactly what the Home Office will be looking for.