Immigration Rules Appendix Private Life

The Private Life route is for a person seeking permission to stay in the UK on the basis they have developed a Private Life in the UK.

A child born in the UK to a person who has permission on the Private Life route can apply for permission for the same duration as their parent.

The Private Life route is a route to settlement.

A child born in the UK who has been continuously resident for 7 years may qualify for immediate settlement on this route.

Alternative routes may be available to those considering the Private Life route. For example, a person may be able to qualify for immediate settlement on the basis of 10 years Long Residence in the UK, under Appendix Long Residence of these rules.

Validity requirements for the Private Life route

PL 1.1. A person applying for permission to stay on the Private Life route must apply online on the gov.uk website on the specified form: “Application to remain in the UK on the basis of family life or private life”.

PL 1.2. An application for permission to stay on the Private Life route must meet all the following validity requirements:
1. (a) any fee and Immigration Health Charge must have been paid (unless the applicant has been granted a fee waiver in whole or in part); and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality; and
4. (d) the applicant must be in the UK on the date of application.
PL 1.3. If a private life claim is made under Article 8 of the Human Rights Convention and it is made:
1. (a) at the same time as a protection claim or further submission in person after a protection claim has been refused; or
2. (b) when the applicant is in detention (and the claim is submitted to a prison officer, custody officer or a member of Home Office staff at the place of detention); or
3. (c) during an appeal (subject to the consent of the Secretary of State where applicable), the requirements at PL 1.1. and at PL 1.2. (a) and (c) will be waived.

PL 1.4. An application which does not meet all the validity requirements for the Private Life route may be rejected as invalid and not considered.

Suitability requirements on the Private Life route

PL 2.1. The application must not fall for refusal under the suitability grounds for refusal for leave to remain as set out in S-LTR.1.2. to S-LTR.2.2. and S-LTR.3.1. to S-LTR.4.5. of Appendix FM of these rules.

PL 2.2. The application must not fall for refusal under paragraph 9.6.1. (sham marriage or civil partnership) of Part 9: grounds for refusal.

Eligibility requirements on the Private Life route

Residence requirements for a child on the Private Life route

PL 3.1. Where the applicant is aged under 18 at the date of application the following requirements must be met:
1. (a) the applicant must have been continuously resident in the UK for at least 7 years; and
2. (b) the decision maker must be satisfied that it would not be reasonable to expect the applicant to leave the UK.

Residence requirements for a young adult on the Private Life route (where the applicant arrived in the UK as a child)

PL 4.1. Where the applicant is aged 18 or over and aged under 25 at the date of application and arrived in the UK before the age of 18, the applicant must have spent at least half their life continuously resident in the UK.

Residence requirements for an adult on the Private Life route (including a young adult who does not qualify under PL 4.1.)

PL 5.1. Where the applicant is aged 18 or over on the date of application:
1. (a) the applicant must have been continuously resident in the UK for more than 20 years; or
2. (b) where the applicant has not been continuously resident in the UK for more than 20 years, the decision maker must be satisfied there would be very significant obstacles to the applicant’s integration into the country where they would have to live if required to leave the UK.

Exclusion of certain asylum seekers

PL 6.1. An applicant who has made a protection or asylum claim which has been declared inadmissible under Part 11 of these rules before 28 June 2022, or under section 80B and 80C of the Nationality, Immigration and Asylum Act 2002, and which continues to be treated as inadmissible, cannot meet the requirement at PL 5.1(b).

Continuous Residence requirements on the Private Life route

PL 7.1. The period of continuous residence at PL 3.1, PL 4.1. or PL 5.1. may include time spent in the UK with or without permission.

PL 7.2. The period of continuous residence at PL 3.1, PL 4.1. or PL 5.1. does not include any period during which the applicant was serving a sentence of imprisonment or was detained in an institution other than a prison.

PL 7.3. The period of continuous residence at PL 3.1, PL 4.1. or PL 5.1 is broken (i.e. is no longer continuous) if any of the following apply:
1. (a) the applicant has been absent from the UK for more than 6 months at any one time; or
2. (b) the applicant has spent a total of 550 days or more absent from the UK during the period of continuous residence at PL 3.1, PL 4.1 or PL 5.1; or
3. (c) the applicant has been removed, deported or has left the UK having had an application for permission to enter or stay in the UK refused; or
4. (d) the applicant left the UK with no reasonable expectation at the time of leaving that they would lawfully be able to return.

Eligibility requirement for Private Life route relying on Article 8 of the Human Rights Convention

PL 8.1. If the applicant does not meet the suitability requirements (subject to PL 8.2), or does not meet any of the eligibility requirements in PL 3.1., PL 4.1. or PL 5.1. the decision maker must be satisfied that refusal of permission to stay would not breach Article 8 of the Human Rights Convention on the basis of private life.

PL 8.2. Where PL 8.1. applies and the applicant falls for refusal under suitability paragraphs S-LTR.1.2., S-LTR.1.3., S-LTR.1.4., S-LTR.1.5., S-LTR.1.6 or S-LTR 1.8. of Appendix FM of these rules the application on the Private Life route will be refused.

Decision on an application on the Private Life route

PL 9.1. If the decision maker is satisfied that all the suitability requirements are met and the eligibility requirements at PL 3.1, PL 4.1, PL 5.1 or PL.8.1. are met then, unless paragraph PL 8.2. applies, the applicant will be granted permission to stay on the Private Life route, otherwise the application will be refused.

Period and conditions of grant of permission to stay on the Private Life route

PL 10.1. If the applicant is under 18 at the date of application (or was under 18 when first granted permission on the private life route), they will be granted permission to stay for either:
1. (a) 30 months, where the applicant has applied for a period of 30 months; or
2. (b) 60 months, where the applicant has applied for a period of 60 months.
PL 10.2. If the applicant is a young adult who has spent half their life in the UK at the date of application (or was previously granted as a young adult on the private life route), they will be granted permission to stay for either:
1. (a) 30 months, where the applicant has applied for a period of 30 months; or
2. (b) 60 months, where the applicant has applied for a period of 60 months.

PL 10.3. In all other cases the applicant will be granted 30 months permission to stay.

PL 10.4. Where a person is seeking to extend their permission to stay, any remaining period of permission at the date of application will be added to their next grant of permission, up to a maximum of 28 days.

PL 10.5. The grant of permission will be subject to the following conditions:
1. (a) work (including self-employment and voluntary work) permitted; and
2. (b) study is permitted, subject to the ATAS condition in Appendix ATAS; and
3. (c) if the decision maker is satisfied that:
  1. (i) the applicant is destitute, as defined in section 95 of the Immigration and Asylum Act 1999, or is at risk of imminent destitution; or
  2. (ii) there are reasons relating to the welfare of a relevant child which outweigh the considerations for imposing or maintaining the condition (treating the best interests of a relevant child as a primary consideration), or
  3. (iii) the applicant is facing exceptional circumstances affecting their income or expenditure,
4. then the applicant will not be subject to a condition of no access to public funds. If the decision maker is not so satisfied, the applicant will be subject to a condition of no access to public funds.
PL 10.6. For the purposes of PL 10.5.(c)(ii) ‘relevant child’ means a person who:
1. (a) is under the age of 18 years at the date of application; and
2. (b) it is clear from the information provided by the applicant, is a child who would be affected by a decision to impose or maintain the no access to public funds condition.

Settlement on the Private Life route

Validity requirements for settlement on the Private Life route

PL 11.1. A person on the Private Life route who is applying for settlement must apply online on the gov.uk website on the specified form as follows:

Adult (aged 18 or over)	Settlement on the private life route
Child (aged under 18)	Settlement as a child (including a child aged over 18 already in the UK as a dependent)

PL 11.2. An application for settlement must meet all the following requirements:
1. (a) any fee must have been paid; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
4. (d) the applicant must be in the UK on the date of application.

PL 11.3. An applicant must have, or have last been granted, permission on the Private Life route, unless they are a child who was born in the UK.

PL 11.4. An application which does not meet all the validity requirements for settlement on the Private Life route may be rejected as invalid and not considered.

Suitability requirements for settlement on the Private Life route

PL 12.1. The applicant must not fall for refusal under:
1. (a) the suitability grounds for refusal for indefinite leave to remain applications under Appendix FM paragraphs:
  1. (i) S-ILR.1.2, S-ILR.1.6 to S-ILR.1.10, S-ILR.3.1; or
  2. (ii) S-ILR.2.2, S-ILR.4.2 to S-ILR.4.5 (subject to PL 12.4); or
2. (b) paragraph 9.6.1. of Part 9 of these rules (subject to PL 12.4).

PL 12.2. The applicant must not have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.

PL 12.3. The applicant must not have been convicted of an offence in the UK or overseas for which they have been sentenced to imprisonment for less than 12 months, unless the applicant has completed a qualifying period of 10 years continuous residence with permission as set out in PL 12.6. and has completed 5 years continuous residence with such permission since the end of their sentence.

PL 12.4. Where any of the following occur during the applicant’s qualifying period for settlement, the applicant must be refused settlement unless the applicant has completed a continuous qualifying period of 10 years with permission as set out in PL 12.6. and has completed 5 years continuous residence with such permission after the date of the first grant of permission after the suitability ground came to the attention of the decision maker:
1. (a) involvement in a sham marriage or civil partnership (grounds for refusal under 9.6.1 of Part 9); or
2. (b) use of false documents or information or deception (S-ILR.2.2 and S-ILR.4.2 and S-ILR.4.3. of Appendix FM); or
3. (c) litigation debt owed to the Home Office, unless the debt has been paid (SILR.4.4 of Appendix FM); or
4. (d) debt to the NHS, unless the debt has been paid, or the total value of outstanding charges is under £500 (S-ILR.4.5. of Appendix FM); or
5. (e) the applicant has breached the conditions of their permission.

PL 12.5. Unless the applicant is a child or young adult who was granted permission to stay on the basis of private life under paragraphs PL 3.1. or PL 4.1, if the applicant entered the UK illegally settlement must be refused unless the applicant has completed a qualifying period of 10 years with permission under PL 12.6.

PL 12.6. Where an applicant must complete a qualifying period of 10 years continuous residence (under PL 12.3. to PL 12.5.), they must have had permission as (or as a combination of) the following for that 10 year qualifying period:
1. (a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fiancé(e) or proposed civil partner); or
2. (b) permission described in the Home Office grant letter as “family permission as a parent” or “family permission as a partner”; or
3. (c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
4. (d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; or
5. (e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.
PL 12.7. The applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for settlement on the Private Life route

Child born in the UK requirements for settlement on the Private life route

PL 13.1. The applicant must have been born in the UK and must provide a full UK birth certificate.

PL 13.2. The applicant must have lived continuously in the UK since their birth and for at least 7 years at the date of application.

PL 13.3. The decision maker must be satisfied that it is not reasonable to expect the applicant to leave the UK.

Qualifying period requirement for settlement on the Private Life route (where the applicant was not born in the UK)

PL 14.1. An applicant who has, or last had, permission to stay on the private life route as a child, or young adult who met the half-life test under PL 4.1, must have lived in the UK for a continuous qualifying period of 5 years with permission as set out in PL 14.3 or 14.4.

PL 14.2. An applicant who is aged 18 or over at the date of application and does not meet the requirement in PL 14.1 must have lived in the UK for a continuous qualifying period of 10 years with permission set out in PL 14.3. or 14.4.

PL 14.3. Permission on the following routes (or any combination of those routes) counts towards the qualifying period in PL 14.1. or PL 14.2:
1. (a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fiancé(e) or proposed civil partner); or
2. (b) permission described in the Home Office grant letter as “family permission as a parent” or “family permission as a partner”; or
3. (c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
4. (d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; or
5. (e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.
PL 14.4. Permission on any other route that includes rules allowing an applicant to qualify for settlement also counts towards the qualifying period in PL 14.1. or PL 14.2, if the applicant:
1. (a) did not enter the UK illegally (unless they have permission to stay on the private life route as a child or young adult); and
2. (b) has had permission either under paragraph 276ADE or 276 BE(2) before 20 June 2022 or Appendix Private Life for at least one year at the date of application.

Continuous Residence requirement for settlement on the Private Life route

PL 15.1. The applicant must meet the continuous residence requirements as set out in Appendix Continuous Residence for the qualifying period for settlement

English language requirement for settlement on the Private Life route

PL 16.1. Unless an exemption applies (for example where the applicant is aged under 18), the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.

PL 16.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.

Knowledge of life in the UK requirement for settlement on the Private Life route

PL17.1. Unless an exemption applies (for example where the applicant is aged under 18), the applicant must meet the Knowledge of Life in the UK requirement as specified in Appendix KOL UK.

Decision on an application for settlement on the Private Life route

PL 18.1. If the decision maker is satisfied the suitability and eligibility requirements for settlement on the Private Life route are met the applicant will be granted settlement.

PL 18.2. If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet all the suitability and eligibility requirements for permission to stay on the private life route the application will be varied by the Secretary of State to an application for permission to stay on the private life route. Where this happens:
1. (a) no additional application fee for permission to stay will be required and the settlement application fee will not be refunded; and
2. (b) the Secretary of State will write to the applicant informing them of this variation and if required will request the applicant pay any Immigration Health Charge.

PL 18.3. If the applicant does not pay the requested Immigration Health Charge or does not request a fee waiver for the Immigration Health Charge which is then granted, the application for permission to stay will be rejected as invalid and the applicant will not be refunded the fee paid for the settlement application.

PL 18.4. Where an applicant is granted permission to stay they will be granted for a period as set out in PL 10.1. to 10.4. (as relevant), subject to the conditions in PL 10.5.

PL 18.5. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement or permission to stay the application for settlement on the Private Life route will be refused.

Dependent child born in the UK to a person on the Private Life Route

Validity requirements for a child born in the UK to a person on the Private Life route

PL 19.1. A person applying for permission to stay as a child born in the UK to a person on the Private Life route must apply online on the gov.uk website on the specified form: “Application to remain in the UK on the basis of family life or private life”.

PL 19.2. An application for permission to stay as a child born in the UK to a person on the Private Life route must meet all the following requirements:
1. (a) any fee and Immigration Health Charge must have been paid (unless a fee waiver has been granted in whole or in part); and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality; and
4. (d) the applicant must have been born in the UK: and
5. (e) the applicant must be applying as a child of a person (P) on the Private Life route who:
  1. (i) has made a valid application for permission to stay in the UK on the Private Life route that has not been decided; or 
  2. (ii) has permission to stay on the Private Life route; or
  3. (iii) is settled or has become a British citizen, providing P had permission to stay on the Private Life route when they settled, and the applicant was born before P settled; and
6. (f) the applicant must be in the UK on the date of application.

PL 19.3. An applicant must be aged under 18 at the date of application.

PL 19.4. If a claim is made under Article 8 of the Human Rights Convention:
1. (a) at the same time as a protection claim or further submission in person after a protection claim is refused; or
2. (b) in an appeal (subject to the consent of the Secretary of State where applicable); the requirements at PL 19.1. and at PL 19.2. (a) and (c) will be waived.

PL 19.5. An application which does not meet all the validity requirements for a child born in the UK of a person on the Private Life route may be rejected as invalid and not considered.

Suitability requirements for a child born in the UK to a person on the Private Life route

PL 20.1. The applicant must not fall for refusal under suitability grounds for refusal in S-LTR.1.2. to S-LTR.2.2. and S-LTR.3.1. to S-LTR.4.5. of Appendix FM of these rules.

PL 20.2. The application for permission to stay must not fall for refusal under paragraph 9.6.1. (sham marriage or civil partnership) of Part 9: grounds for refusal.

Eligibility requirements for a child born in the UK to a person on the Private Life route

Relationship requirements for a child born in the UK to a person on the Private Life route

PL 21.1. The applicant must be the child of a parent (P) where one of the following applies:
1. (a) P has permission on the Private Life route; or
2. (b) P is at the same time, applying for (and is granted) permission on the Private Life route; or
3. (c) P is settled or has become a British citizen, providing P had permission on the Private Life route when they settled, and the applicant was born before P settled.
PL 21.2. The applicant’s other parent must have permission to be in the UK (other than a visitor) unless:
1. (a) P in PL 21.1 is the sole surviving parent; or
2. (b) P in PL 21.1 has sole responsibility for the child’s upbringing; or
3. (c) the parent who does not have permission on the Private Life route is a British citizen or a person who has a right to enter or stay in the UK without restriction and is or will be ordinarily resident in the UK; or
4. (d) the decision maker is satisfied there are serious and compelling reasons to grant the child permission to stay with the parent (P) in PL 21.1.

Care requirement for a child born in the UK to a person on the Private Life route

PL 22.1. There must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK law.

Decision on an application as a child born in the UK to a person on the Private Life route

PL 23.1. If the decision maker is satisfied that all the suitability and eligibility requirements are met the applicant will be granted permission to stay, otherwise the application will be refused.

Period of grant as a child born in the UK to a person on the Private Life route

PL 24.1. The applicant will be granted permission to stay which ends on the same date as whichever of their parents’ permission ends first unless the other parent is a British citizen or a person who has a right to enter or stay in the UK without restriction and is or will be ordinarily resident in the UK. In such cases, the applicant will be granted permission to stay which ends on the same date as the parent on the Private Life route.

Conditions of grant as a child born in the UK to a person on the Private Life route

PL 25.1. The grant of permission will be subject to the following conditions:
1. (a) work is permitted; and
2. (b) study is permitted, subject to the ATAS condition in Appendix ATAS; and
3. (c) if the decision maker is satisfied that:
  1. (i) the applicant is destitute, as defined in section 95 of the Immigration and Asylum Act 1999, or is at risk of imminent destitution; or
  2. (ii) there are reasons relating to the welfare of a relevant child which outweigh the considerations for imposing or maintaining the condition (treating the best interests of a relevant child as a primary consideration), or
  3. (iii) the applicant is facing exceptional circumstances affecting their income or expenditure,
4. then the applicant will not be subject to a condition of no access to public funds. If the decision maker is not so satisfied, the applicant will be subject to a condition of no access to public funds.
PL 25.2. For the purposes of PL 25.1(c) ‘relevant child’ means a person who:
1. (a) is under the age of 18 years at the date of application; and
2. (b) it is clear from the information provided by the applicant, is a child who would be affected by a decision to impose or maintain the no access to public funds condition.

Settlement as a child born in the UK of a person on the Private Life route

Validity requirements for settlement as a child born in the UK of a person on the Private Life route

PL 26.1. A child applying for settlement as a child born in the UK of a person on the Private Life route must apply online on the gov.uk website on the specified form: “Settlement as a Child (including a child aged over 18 already in the UK as a dependent).”.

PL 26.2. An application for settlement must meet all the following requirements:
1. (a) any fee must have been paid; and
2. (b) the applicant must have provided any required biometrics; and
3. (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality; and
4. (d) the applicant must be applying as a child born in the UK of a person (P) on the Private Life route who:
  1. (i) has made a valid application for settlement on the Private Life route that has not been decided; or
  2. (ii) is settled or has become a British Citizen, providing P had permission on the Private Life route when they settled, and the applicant was born before P settled; and
5. (e) the applicant must be in the UK.

PL 26.3. An application as a child born in the UK of a person on the Private Life route which does not meet all the validity requirements for settlement may be rejected as invalid and not considered.

Suitability requirements for settlement as a child born in the UK of a person on the Private Life route

PL 27.1. The applicant must not fall for refusal under:
1. (a) the suitability grounds for refusal for indefinite leave to remain applications under Appendix FM paragraphs:
  1. (i) S-ILR.1.2, S-ILR.1.6 to S-ILR.1.10, S-ILR.3.1; or
  2. (ii) S-ILR.2.2, S-ILR.4.2, to S-ILR.4.5 (subject to PL 27.4); or
2. (b) paragraph 9.6.1. of Part 9 of these rules (subject to PL 27.4).

PL 27.2. The applicant must not have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.

PL 27.3. The applicant must not have been convicted of an offence in the UK or overseas for which they have been sentenced to imprisonment for less than 12 months, unless the applicant has completed a qualifying period of 10 years with permission as set out in PL 27.5 and has spent at least 5 years with such permission since the end of their sentence.

PL 27.4. Where any of the following occur during the applicant’s qualifying period for settlement, the applicant must be refused settlement unless the applicant has completed a continuous qualifying period of 10 years with permission under PL 27.5 and has completed 5 years continuous residence with such permission after the date of the first grant of permission after the suitability ground came to the attention of the decision maker:
1. (a) involvement in a sham marriage or civil partnership (grounds for refusal under 9.6.1 of Part 9); or
2. (b) use of false documents or information or deception (S-ILR.2.2 and S-ILR.4.2 and S-ILR.4.3. of Appendix FM); or
3. (c) litigation debt owed to the Home Office, unless the debt has been paid (SILR.4.4 of Appendix FM); or
4. (d) debt to the NHS, unless the debt has been paid, or the total value of outstanding charges is under £500 (S-ILR.4.5. of Appendix FM); or
5. (e) the applicant has breached the conditions of their permission.
PL 27.5. Where an applicant must complete a qualifying period of 10 years (under PL 27.3. to PL 27.4.), they must have had permission as one or a combination of the following for that 10 year qualifying period:
1. (a) entry clearance or permission granted as a partner or parent under Appendix FM (except for permission as a fiancé(e) or proposed civil partner); or
2. (b) permission described in the Home Office grant letter as “family permission as a parent” or “family permission as a partner”; or
3. (c) permission on the private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life; or
4. (d) entry clearance or permission as a child of a person with limited leave as a partner or parent under Appendix FM; or
5. (e) permission granted outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 of the Human Rights Convention.
PL 27.6. The applicant must not be:
1. (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
2. (b) on immigration bail.

Eligibility requirements for settlement as at child born in the UK of a person on the Private Life route

Relationship requirement for settlement as a child born in the UK of a person on the Private Life route

PL 28.1. The applicant must be the child of a person (P) where one of the following applies:
1. (a) P is, at the same time, being granted settlement on the Private Life route; or
2. (b) P is settled in the UK or has become a British citizen, providing P had permission on the Private Life route when they settled and the applicant either:
  1. (i) had permission as P’s child at that time; or
  2. (ii) was born before P settled.
PL 28.2. The applicant’s other parent (not P) must be being granted settlement at the same time, or be settled or a British citizen, unless:
1. (a) the person (P) in PL 28.1. is the applicant’s sole surviving parent; or
2. (b) the person (P) in PL 28.1. has sole responsibility for the applicant’s upbringing; or
3. (c) the decision maker is satisfied that there are serious and compelling reasons to grant the applicant settlement.

Age requirement for settlement as a child born in the UK of a person on the Private Life route

PL 29.1. The applicant must be under the age of 18 on the date of application, unless they were last granted permission as the dependent child of their parent or parents.

PL 29.2. If the child is aged 16 or over on the date of application, they must not be leading an independent life.

Care requirement for settlement as a child born in the UK of a person on the Private Life route

PL 30.1. Where the applicant is aged under 18, there must be suitable arrangements for their care and accommodation in the UK, which must comply with relevant UK law.

English language requirement for settlement as a child born in the UK of a person on the Private Life route

PL31.1. Unless an exemption applies (for example where the applicant is aged under 18), the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening of at least level B1.

PL 31.2. The applicant must show they meet the English language requirement as specified in Appendix English Language.

Knowledge of life in the UK requirement for settlement as a child born in the UK of a person on the Private Life route

PL 32.1. Unless an exemption applies (for example where the applicant is aged under 18), they must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.

Decision on an application for settlement as a dependent child born in the UK of a person on the Private Life route.

PL 33.1. If the decision maker is satisfied all the suitability and eligibility requirements for settlement as a dependent child born in the UK of a person on the Private Life route are met the applicant will be granted settlement.

PL 33.2. If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet all the suitability and eligibility requirements for permission to stay as a dependent child born in the UK of a person on the Private Life route, the application will not be refused, but will be varied by the Secretary of State to an application for permission to stay as a dependent child born in the UK of a person on the Private Life route. Where this happens:
1. (a) no additional application fee for permission to stay will be required and the settlement application fee will not be refunded; and
2. (b) the Secretary of State will write to the applicant informing them of this variation and if required will request the applicant pay any Immigration Health Charge.

PL 33.3. If the applicant does not pay the requested Immigration Health Charge, or does not request and is granted a fee waiver for the Immigration Health Charge, the application for permission to stay will be rejected as invalid.

PL 33.4. Where an applicant is granted permission to stay, they will be granted for the period as set out in PL 24.1, subject to the conditions in PL 25.1.

PL 33.5. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement or permission to stay as a dependent child born in the UK of a person on the Private Life route, the application for settlement will be refused.

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