Wesley Gryk Solicitors LLP

Specialists in UK immigration and nationality law

Call 020 7401 6887
contact@gryklaw.com

  • Home
  • Our work
    • Adoption, Surrogacy, and Children
    • Asylum
    • British Citizenship
    • Challenging Home Office Decisions
    • Couples & Families
    • Europeans
    • Global Talent
    • Private Life
    • Settlement (Indefinite Leave)
    • Sponsored Work
    • Students
    • Visitors
    • Other Categories
  • Our team
  • Our fees
  • News and updates
  • Contact us
    • Map and directions
    • Make an enquiry
    • Complaints
    • Vacancies

Home Office announces ILR concession for young adults

Avatar photo

12th November 2021 By Andrew Jones

Migrants who are granted leave to remain on the basis of their private life are granted 30 months’ leave to remain on a 10-year route to settlement (indefinite leave to remain). One private life route in the Immigration Rules applies to young adults, and says that they will be granted 30 months’ leave to remain where they are aged between 18 and 25 years old and have spent more than half of their life in the United Kingdom. If granted, they will normally need to continue to extend that leave until they have had leave to remain in that category for 10 years. Only at that stage can they apply for indefinite leave to remain.

However, on 21 October 2021, the Home Office released guidance regarding a concession to grant indefinite leave to remain early for young adults who have lived most of their lives in the United Kingdom. Under the new policy, so long as certain criteria are met, the applicant may be granted indefinite leave to remain after just five years.

Who does this concession apply to?

The guidance states that an applicant will be able to apply for indefinite leave to remain after just five years (as opposed to 10 years) where they:

        • are aged 18 or above but under the age of 25
        • have spent at least half of their life living continuously in the UK (discounting any period of imprisonment)
        • have either been born in, or entered the UK, as a child
        • have held five years’ limited leave
        • be eligible for leave under the private life grounds and have made an application under the private life rules

Where an applicant meets those requirements, the Home Office will take the following factors into account when considering whether to grant ILR after just 5 years:

        • the person’s age when they arrived in the UK
        • the length of their residence in the UK (including unlawful residence)
        • the strength of their connections and integration to the UK
        • whether unlawful residence in the past was the result of non-compliance on the part of the applicant or their parent/guardian whilst the applicant was under the age of 18
        • efforts made to engage with the Home Office and regularise status
        • any leave currently held and length of continuous lawful leave
        • any period of any continuous leave held in the past
        • whether (and the extent to which) limited leave to remain will have a detrimental impact on the person’s health or welfare

Why has the Home Office done this?

The Immigration Rules allow migrants to apply for indefinite leave to remain after five years where they can meet the requirement of the family routes. If they cannot, they may be granted under the exceptions to the family rules, or on the basis of their private life. However, to reflect the fact that they cannot meet the requirements (in particular where they did not have valid immigration status), they are placed on a longer, 10-year route to settlement. The Home Office states that this is to, “encourage compliance with the core requirements of the Immigration Rules and encourage integration into society.” They add that, “The longer timeframe signals that a person should not benefit from the same entitlement as those who are compliant.”

However, following campaigning and litigation from organisations such as We Belong and Islington Law Centre, the Home Office has now accepted that this punitive approach is not necessarily appropriate in the context of young adults who were born in the UK or came here as children. Any failure to comply with the requirements of the Immigration Rules cannot be said to be the fault of children who were travelling and living with their parents. To reflect this, they have introduced this concession to allow some young adults in that position to apply for indefinite leave to remain after five years.

So, what does this mean?

This should mean that many young adults are eligible to apply for indefinite leave to remain immediately. It will also significantly reduce the time others will need to continue to wait until they become eligible. For these applicants, who may well consider themselves British in all but name, and for many of whom the United Kingdom will be the only country they know, they can achieve security in their immigration status which would have otherwise remained precarious long into adulthood.

However, this is a concession to the usual rules, and not an amendment to the rules. As such, it remains at the discretion of the Home Office whether to grant indefinite leave to remain depending on the applicant’s circumstances. The guidance is clear that those who have status dependent upon a parent or parents with leave to remain under Appendix FM are expected to continue on that route to settlement. In addition, the wording of the guidance is not totally clear and, as it is brand new, it can be tricky to predict how the Home Office will treat borderline cases. The concession does not appear to include those young adults on the private life route, granted because they were aged between 18 and 25 years old and had lived half of their lives here, but who are now over the age of 25. It would appear unfair and inconsistent to exclude them, but based on the wording of the guidance they appear unable to rely on this concession.

Overall, however, this marks a very positive and welcome change which could transform the lives of many young people in this country.

If you would like more information or advice on how this may affect you or your children, we can help.  Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates Tagged With: ILR, Indefinite leave to remain, Private life


The Legal 500 – The Clients Guide to Law Firms
Wesley Gryk Solicitors LLP
Listed as one of The Times’ Best Law Firms 2022

Wesley Gryk LLP Follow

A specialist private immigration practice. Band 1 rated by Chambers and Partners and Legal500

WesleyGrykLLP
wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
24h

In December 2022, the High Court ruled that the way the government is implementing the EU Settlement Scheme is unlawful.

Our Beatrice Windsor (@bearosewindsor) explains the judgement: https://www.gryklaw.com/high-court-rules-that-potential-loss-of-rights-for-those-with-pre-settled-status-under-euss-is-unlawful/

Reply on Twitter 1618634056031404032 Retweet on Twitter 1618634056031404032 1 Like on Twitter 1618634056031404032 3 Twitter 1618634056031404032
Retweet on Twitter Wesley Gryk LLP Retweeted
rainbowmigrants Rainbow Migration @rainbowmigrants ·
24 Jan

Our monthly partnership session went really well! Thank you so much to pro bono lawyers Karma Hickman
@BindmansLLP and Barry O'Leary @WesleyGrykLLP for their free advice to our #LGBTQ service users.🏳️‍🌈

Reply on Twitter 1617876748728782848 Retweet on Twitter 1617876748728782848 1 Like on Twitter 1617876748728782848 1 Twitter 1617876748728782848
wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
12 Jan

At the end of last year, the High Court ruled that the Home Office's plan to remove some asylum seekers to Rwanda was lawful. Our Elena Musa explains the judgment: https://www.gryklaw.com/high-court-rules-that-rwanda-plan-is-lawful/

Reply on Twitter 1613546026840870913 Retweet on Twitter 1613546026840870913 Like on Twitter 1613546026840870913 Twitter 1613546026840870913
wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
13 Dec

Tech Nation, one of the Global Talent endorsing bodies, has recently published a report about Global Talent visas.

Our Alison Hunter explains what this report says, assesses the likely impact on Global Talent applications and summarises the process: https://www.gryklaw.com/global-talent-in-the-uk/

Reply on Twitter 1602725170073976834 Retweet on Twitter 1602725170073976834 Like on Twitter 1602725170073976834 Twitter 1602725170073976834
wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
6 Dec

Moud Goba (@MsMGoba) has been named in the #BBC100Women 2022 list. Congratulations!
Thoroughly deserved recognition of her work with @MicroRainbow

BBC 100 Women @BBC100women

🚨 The #BBC100Women 2022 list is out 🚨

It features inspiring and influential women from all around the world.

http://bbc.in/3VAGomy

Reply on Twitter 1600085636920262657 Retweet on Twitter 1600085636920262657 1 Like on Twitter 1600085636920262657 8 Twitter 1600085636920262657
Load More
Wesley Gryk Solicitors LLP
140 Lower Marsh, London SE1 7AE
Tel 020 7401 6887
Email contact@gryklaw.com

Privacy Policy | Cookie Policy

Wesley Gryk Solicitors LLP is a limited liability partnership registered in England and Wales with number OC317684. Our registered office is at 140 Lower Marsh, London, SE1 7AE. We are authorised and regulated by the Solicitors Regulation Authority with SRA ID 446311.

Copyright © 2023 · Wesley Gryk Solicitors LLP · Website by Culpepper & Co · Photography by Sarah Booker

.