If you do not have valid leave to remain in the UK it is possible, in limited circumstances, to apply for leave to remain in the UK on the basis of your private and family life here. There may also be exceptional and compelling circumstances that justify additional leave, such as you falling ill whilst in the UK and needing to complete a course of medical treatment.

Family Claims

If you are the spouse of a British or settled person or the parent of British or settled children, you may be able to argue that your removal from the UK would be a disproportionate interference with the family life that you have established.

We will work with you to create a picture of your life in the UK, collating documents showing your length of residence, the nature of your connections to the UK and the impact on your loved ones of removal. If these rights have not previously been considered by the Home Office, you can usually expect a right of appeal should you be refused. Successful applicants are given 30 months of leave to remain on a 10-year route to settlement.

Private Life Claims

You can argue for leave to remain on the basis of your private life here if:

  • You have been in the UK for over 20 years
  • You are a child under 18, have lived here for at least 7 years and it would not be reasonable to expect you to leave
  • You are a young person aged 18-25 who has lived in the UK for at least half of their life
  • You are over 18, have spent less than 20 years in the UK, but there would be significant obstacles to reintegration to the country you would be removed to

As above, we can work with you to get evidence of these facts and make an application to the Home Office.

For specialist advice on this area of immigration law and how it applies to your individual circumstances, please contact us today on 0161 248 4444 to speak to a member of our team.

Our immigration experts provide professional, confidential advice and speak a range of languages including Persian, Farsi, Urdu, Punjabi, Kurdish, Arabic, and Polish.