7 years/Private Life
From 09 July 2012, a person may be eligible to have the right of stay or leave to remain in the UK showing a private life here in the UK.
The ’14 year rule’ is abolished on 09 July 2012 when the new Immigration Rules come into effect.
Now, in order to be eligible to apply for leave to remain on the basis of private life in the UK, the Immigration Rules will instead require the applicant to have:
· At least 20 years’ continuous residence in the UK (lawful or unlawful), discounting
any periods of imprisonment, and subject to the criminality thresholds; or
· Be under the age of 18 and have continuously resided in the UK for at least seven years; or
· Be aged 18 or over but under 25, and have spent at least half their life continuously residing in the UK; or
· Be aged 18 or over, have continuously resided in the UK for less than 20 years, but have no social, cultural or family ties with their country of origin.
Those who already apply or are granted entry or leave to remain in this category
Applicants (spouses, children or dependants) who have entered the UK in this category already or who apply for entry clearance before 9th July will not be affected except with regard to the requirement to pass the higher English test (i.e. the Life in the UK test as well
as a test at B1) from October 2013
Requirements for indefinite leave to remain on the grounds of private life in the UK
The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
· the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months;
· the applicant has no unspent convictions;
· the applicant has sufficient knowledge of the English language and
sufficient knowledge about life in the UK unless the applicant is under the age of 18 or aged 65 or over at the time the applicant makes the application; and
· there are no reasons why it would be undesirable to grant the applicant indefinite leave to remain based on the applicant’s conduct, character or associations or because the applicant represents a threat to national security.