The government has recently published a very welcome Home Office concession, which will allow certain young people who were born or brought up in the UK without immigration status to be eligible to apply for Indefinite Leave to Remain (ILR) in the UK after five years of lawful residence, rather than the normal ten years route.
Traditional 10 Year Family and Private Life Route to ILR
Under the current Immigration Rules, an undocumented migrant can apply for leave to remain in the UK on the basis that it would otherwise disproportionately interfere with their Private Life, as protected under Article 8 of the European Conventions on Human Rights. This is provided for under Immigration Rules part 7, with one of the sections (Paragraph 276ADE(1)(v)) specifically catering for people aged 18-24 inclusive, who have spent half of their life living continuously in the UK, to apply for permission to stay, which is normally granted for 30 months. The applicant is required to continually extend this leave until they complete 10 years of lawful residence to qualify for ILR/Settlement – this is what is called the ten-year route to settlement.
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