The Home Office: An Update

The Home Office, as of 25 October 2021, has introduced a new concession for those aged 18 to 24 in order for them to gain settlement status in the United Kingdom for half the time of the previous requisite. Under the previous rules, the usual length of stay required prior to obtaining settled status, otherwise known as indefinite leave to remain, was 10 years. With the new agenda, those of legal age who have yet to meet a quarter of a century are afforded the opportunity to settle after a minimum of five years.

The reduced pathway has come as a safe haven to many who previously would be obliged to repeatedly apply for limited leave to remain status. The process would often accrue his costs for the applicant as application fees continue to increase along with the national health surcharge and legal fees where applicable.

However let us not deceive you, the shortened route to settlement is only available to those aged between 18 and 24 who have held limited leave to remain for five years and who entered the United Kingdom as a child. Another requisite is for the applicant to have lived here for a minimum of half their life. Furthermore, the applicant must have made an application under paragraph 276ADE(1) of the Immigration Rules. The relevant section refers to those in the United Kingdom based on their private life. This broadens the pool of who is eligible under the new concession and includes those here as a dependent of a family member.

Additionally, this new concession is discretionary and not automatic therefore an applicant is not entitled to gain settlement via this reduced process. Through vast expertise of applications under the Immigration Rules, a common occurrence when making such a visa application to the Home Office, each decision is decided by a different caseworker and although the same guidelines apply for each case, more often than not decisions tend to differ greatly. This brings about uncertainty when making such applications where the facts of the case may be subjective. What has been proven time and time again throughout all walks of life is that taking an objective view to a subjective matter is not as clear cut as desired.

For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email or visit our Linkedin page.

Larissa Bourgi

This information was correct at 1 December 2021

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