A young adult applicant who was on the private life 10year route to settlement and due to apply for indefinite leave to remain in May 2023, has today been granted settlement. This is by reference to the new Home Office Concession, the “Concession to the family Immigration Rules for granting longer periods of leave and early indefinite leave to remain”, introduced on 25 October 2021.
An analysis of the Concession is set out in a previous blog post: Young adults (aged 18 or above and under 25 years) and the new early ILR concession: The good and the not so good | UK Immigration Justice Watch Blog
Background:
An application to extend leave to remain as a young adult on the private life route was submitted in August 2021. Following publication of the Concession, representations relying on it were emailed to the Home Office on 3 November 2021. Indefinite leave to remain was granted on 24 November 2021.
Representations and Applicant’s Statement:
The contents of a full detailed Subject Access Disclosure obtained previously assisted very much in the formulation of a supportive 7page statement(and representations) seeking to provide clarity to the following:
- applicant’s full historical immigration background:- from 2002 when she arrived in the UK as a child aged 5years, with her mother on a visit visa.
- the mother’s immigration background:- efforts made by the mother to regularise their immigration status from 2012 until grant of leave in 2013( relying on the 7years rule).
- it was no fault of the applicant that she remained in the UK between 2002 and 2013 without leave. In fact, the entirety of the period of unlawful residence in the past was the result of non-compliance, not on her part but her parent whilst the young adult was under the age of 18.
- how following grant of leave, the applicant sought to timely extend her leave to remain
- the applicant having turned 18years of age, her mother encouraged and supported her to take responsibility for her immigration matters and engage with the same legal Representative, who from 2012 had sufficient familiarity of their case and had assisted in regularising their status
- how the applicant met the criteria within the newly published Concession
- why holding only limited leave to remain had a detrimental impact upon the applicant
- it is not proportionate for the applicant to serve a longer probationary period via the 10year route before qualifying for settlement.
Detailed relevant extracts from past written representations I made for the applicant’s mother in 2012 as well as Home Office Case Notes during the period when the family were yet to regularise their status were included with the request under the Concession.
Basis of grant:
The email of 24 November 2021, accompanying the grant letter provides:
“This message is to confirm that your clients application for leave has now been decided and the decision is attached to this email.
After careful consideration, it is considered that you meet the concession to the family Immigration Rules for granting longer periods of leave and early indefinite leave to remain. The relevant guidance can be viewed here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1028126/Concession_on_longer_periods_of_leave_and_ILR.pdf
The grant letter states;
“On 20 August 2021 you applied for leave to remain on the basis of your Private Life in the UK.
From the information you have provided with your application, we have decided that you meet the criteria for consideration under the concession to the family Immigration Rules for granting longer periods of leave and early indefinite leave to remain. Guidance on this concession can be found on Gov.uk.
Under this concession, consideration has been given to the individual facts of your case, the public interest and the best interests of any affected children in accordance with our duty under Section 55 of the Borders, Citizenship and Immigration Act 2009.
We have decided that you have demonstrated that you meet the criteria of the concession and as such, you have been granted indefinite leave to remain outside the rules.
What this means for you Full details on your grant of indefinite leave to remain can be found in the enclosed/attached information letter”.