How can a migrant youth (18-24) apply for an early settlement under new concession?
27 October 2021
Earlier the youth with permission under the half of life rule could apply for settlement in ten years route to settlement either within or outside of the family and private life rules. The Home Office has acknowledged that the ten years long route incentive to encourage compliance for settlement and citizenship is non-responsive and ineffective in young people’s case. It is depriving British society and economy of positive impact of the youth. Any previous non-compliance of immigration rules in their matter as dependents was the obligation of their parents or guardians. The young people cannot be held responsible and punished with ten years’ long route for settlement for the choices or faults of their parents or guardians. So, the Home Office has announced an important change in policy as concession to the family immigration rules for youth living half of their lives in the UK to transform their lives. Now the eligible youth can apply early seeking leave based on their private life under Part 7 of the Immigration Rules after five years rather than ten.
Applicant’s Eligibility Criteria:
The policy of early settlement concession allows youth with the following eligibility criteria to apply for early ILR under concession after five years rather than ten years:
- Applicant must be young adult, not a dependent, parent or guardian
- Those with permission under the half of life rule
- Either born or arrived in the UK as a Child
- At the date of application, 18 – 24 years all-encompassing (means 18 or above, and under 25)
- Spent at least half of life living continuously in the UK (discounting any custody period)
- Held five years limited leave
- Fulfils eligibility criteria for another LTR under Paragraph 276ADE (1) of the Immigration Rules
- Have applied under Paragraph 276ADE (1) (v) of the Immigration Rules
Visa Officer guidance:
It is the case worker’s discretion whether to grant early ILR. The Visa Officer will weigh the factors of applicant’s case against the public interest factors and assess the balance whether it is in favour of the applicant to grant early settlement concession or not. The visa officer will consider the following but not limited to factors in this balancing exercise:
- Applicant’s age, if and when, arrived in the UK as a child
- Period of lawful and unlawful stay in the UK
- Intensity of their connections and integration to the UK
- Who (whether applicant or parents / guardians) can be held responsible for previous non-compliance when the applicant was dependent (under 18)?
- Attempts to stay in contact with the Home Office and status regularization
- Present leave and continuous lawful period
- Previous leave and continuous lawful period
- Any damaging impact of limited leave to remain on the applicant’s health and wellbeing