The Private Life visa is an important UK immigration route that allows individuals who have established significant personal, social or family ties in the UK to remain in the country.
The essence of this route is to protect individuals who have integrated into British society over many years and for whom leaving the UK would cause severe hardship.
Legally, this route is underpinned by the UK’s commitment to upholding human rights, specifically Article 8 of the Human Rights Act, which protects the right to private and family life. It allows individuals to argue that their removal from the UK would breach their rights, given the private life they have built within the country.
Applying for this route, however, is a complex process, with extensive evidential requirements and an average processing time of 12 months.
This comprehensive guide will cover everything you need to know about applying for the Private Life visa route, including eligibility requirements, the application process, fees, challenges, and pathways to settlement.
Section A: What is a Private Life Visa?
While the term “Private Life Visa” is often used, it is important to clarify that it is not an official, standalone visa category recognised by the UK immigration system. Instead, it falls under the broader Family Visa category, and is specifically designed for individuals who have established significant ties to the UK over a prolonged period. It allows eligible individuals to secure leave to remain in the UK based on the life they have built here, often leading to the right to settle permanently.
In practice then, this route offers a lifeline for those who would face undue hardship if they had to leave to the country.
1. Who can qualify?
To be eligible under the Private Life route, applicants must demonstrate that they have developed significant personal or social ties in the UK that make it unreasonable to expect them to leave. Specifically, this route is intended for:
- Children under the age of 18 who have lived in the UK continuously for at least 7 years and for whom it would be unreasonable to expect them to leave.
- Young adults aged 18-24 who have lived in the UK for at least half of their life.
- Adults aged 25 or older who have resided continuously in the UK for at least 20 years.
- Those who have lived in the UK for less than 20 years but can demonstrate significant obstacles to reintegration into their country of origin.
Ultimately, the route is about ensuring that individuals who have become deeply integrated into British society are not forced to leave and disrupt the lives they have established.
2. Private life route timeline & path to UK settlement
Applicants granted leave under the Private Life route are typically given permission to stay for 2 years and 6 months, which can be extended in further increments of the same duration.
In some cases, applicants may be granted 5 years of leave from the outset if they are under 18 and have lived in the UK continuously for at least 7 years, or aged 18 to 24 and have spent at least half of their life in the UK.
Those who are initially granted 2 years and 6 months can extend their visa, and build up the qualifying period for ILR.
After a qualifying period, either five or 10 years, depending on the applicant’s circumstances, they may become eligible to apply for indefinite leave to remain (ILR), which gives them permanent residency and removes immigration restrictions.
You may be eligible to settle after 5 years if you were under 18 and had 7 years’ continuous UK residence at the time of application, or you were aged 18 to 24 and had spent half your life in the UK.
For others, the path to settlement is longer. You can apply for ILR after 10 years if you are over 18, have spent fewer than 20 years in the UK, and would face very significant obstacles to integration if returned to your country of origin, or you were born in the UK to a parent with permission to stay under the Private Life route.
Applicant Circumstances | Initial Grant of Leave | Extension Period | When You Can Apply for ILR |
---|---|---|---|
Under 18, lived in the UK for at least 7 years | 5 years | N/A | After 5 years’ continuous leave |
Aged 18–24, lived in the UK for at least half their life | 5 years | N/A | After 5 years’ continuous leave |
Over 18, lived in the UK for less than 20 years with very significant obstacles to return | 2 years and 6 months | 2 years and 6 months per extension | After 10 years’ continuous leave |
Born in the UK to a parent on the Private Life route | 2 years and 6 months | 2 years and 6 months per extension | After 10 years’ continuous leave |
Section B: Private life legal framework
Applications under the Private Life route are governed by a combination of UK immigration law, human rights law and Home Office policy guidance. Applicants must meet both the eligibility requirements and pass suitability checks to be granted leave to remain or settle in the UK.
1. Legal basis
The legal foundation for Private Life applications is found primarily in Appendix Private Life of the Immigration Rules, which has been in force since 20 June 2022, as well as Section 3 of the Immigration Act 1971 and Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private and family life.
In addition to the published Immigration Rules, Home Office caseworkers rely on internal guidance titled “Private Life: caseworker guidance”, which outlines how applications should be assessed. The guidance covers how to interpret legal thresholds such as “significant obstacles to integration”, how to assess length of residence and the best interests of children and when to consider discretionary factors.
For applicants, the casework guidance provides valuable insight into how decisions are made and why certain evidence is requested or required.
2. Mandatory and Discretionary Grounds for Refusal
Applications are assessed not only on eligibility (such as years of residence or personal circumstances) but also on suitability criteria, which fall into two broad categories:
a. Mandatory Grounds for Refusal
If one of these applies, the application must be refused:
- A deportation order is in place
- The applicant has used deception or provided false information in the current or previous applications
- The applicant has received a custodial sentence of 12 months or more (unless a very high human rights threshold is met)
b. Discretionary Grounds for Refusal
The Home Office may refuse an application if:
- The applicant has a poor immigration history (e.g. overstaying, breaches of conditions)
- They have been convicted of a less serious offence
- There are concerns about character, conduct, or associations, even if not amounting to criminality
In discretionary cases, caseworkers are instructed to balance the applicant’s circumstances against the public interest in maintaining effective immigration control. For example, a long period of lawful residence or the presence of British children may weigh in the applicant’s favour.
Where an applicant does not strictly meet the rules but removal would breach Article 8 ECHR, the Home Office may still grant leave outside the rules under its discretionary powers. This is particularly relevant for applicants with strong human rights grounds that fall short of the formal requirements.
In all cases, the decision must be proportionate, meaning the Home Office must weigh the interference with private life against the justification for removing the applicant.
Section C: Private Life Requirements
The Private Life route under the Family Visa category in the UK immigration system is intended for individuals who have established deep and meaningful ties within the country. Eligibility under this route is strictly defined, with specific criteria based on age, duration of stay and the level of integration into British society. There are also some exceptions for individuals who face exceptional humanitarian circumstances.
1. Eligibility Criteria
To qualify for the Private Life route, applicants must meet several core requirements related to their length of stay in the UK, age, and degree of social integration. The UK government evaluates applications based on whether the individual has established a private life that would make it unreasonable for them to leave the country.
In general, the applicant must be able to demonstrate continuous residence in the UK for a specific number of years, largely depending on their age group. They will also need to provide evidence of significant personal, social or cultural ties to the UK.
The applicant should not have a serious criminal record or breaches of immigration laws that could affect their application.
In cases where applicants do not meet the strict time-based requirements, they may still be eligible if there are exceptional humanitarian circumstances or other significant obstacles to reintegration into their country of origin.
2. Eligibility Based on Age and Residence
To apply for leave to remain under the Private Life route, you must meet at least one of the following conditions:
- You are under the age of 18 and have lived in the UK for a continuous period of at least seven years. It must also be shown that it would not be reasonable to expect you to leave the UK.
- You are aged between 18 and 24 and have lived in the UK for more than half of your life on a continuous basis.
- You are 18 or older, have been in the UK for less than 20 years, and would face serious obstacles to reintegration if required to live in another country.
- You have lived continuously in the UK for a minimum of 20 years.
- You were born in the UK to a parent who either has permission to stay under the Private Life route or is currently applying for such permission.
Age Group | Eligibility Criteria |
---|---|
Children (under 18 years old) | Must have lived continuously in the UK for at least 7 years. The application must show that it would be unreasonable to expect the child to leave the UK, considering factors such as education, social ties, and overall wellbeing. |
Young Adults (18–24 years old) | Must have lived in the UK continuously for at least half of their life. |
Adults (18 years and older) | Must have lived continuously in the UK for at least 20 years and would face serious obstacles to reintegration if required to live in another country. |
Have lived continuously in the UK for a minimum of 20 years. | |
Born to a parent who either has permission to stay under the Private Life route or is currently applying for such permission. |
3. Exceptions and Humanitarian Considerations
There are certain exceptions to the above criteria, particularly for individuals facing exceptional humanitarian circumstances. If an applicant cannot meet the standard residency requirements, they may still qualify if they can demonstrate that there would be very significant obstacles to reintegration into their country of origin. This could include severe health issues, lack of family support or other factors that would make it impossible for the person to re-establish their life abroad.
Section D: How to apply for the Private Life Visa
To begin the process, applicants must complete an online application through the official GOV.UK website. The correct visa category is “Family Visa”, and within that, the applicant should select the “Private Life” option. Before starting the application, it is advisable to have all supporting documents ready in a digital format.
Applicants must pay both the visa application fee and the IHS, which provides access to the NHS during their period of leave. As these fees are subject to change, it is important to check the current rates on the GOV.UK website before submitting payment.
After submitting the application, depending on your eligibility, you will either be invited to use the UK Immigration: ID Check app to confirm your identity and reuse existing biometrics, or you will be required to book a biometric appointment at a UKVCAS centre to provide biometric information, including fingerprints and a digital photograph. Attendance at this appointment is a mandatory part of the application process.
You will also need to prepare a comprehensive set of documents to support your case. While the specific documents will depend on your individual circumstances, as a minimum you should provide the following:
a. Proof of Residence: Evidence showing the length of time you’ve lived in the UK, such as utility bills, council tax statements, tenancy agreements, and official letters (e.g., from schools or doctors).
b. Identity Documents: Valid passport, biometric residence permit (if applicable), and birth certificates (for children).
c. Relationship Evidence: If applying on behalf of or with dependents, include birth certificates, school records, or letters from authorities confirming family ties.
d. Social Integration Evidence: Documents that demonstrate your social, educational, or professional ties in the UK, such as school attendance records, employment letters, or community involvement.
Applicants have to upload scanned or digital copies of their supporting documents using the online portal. All documents should be clearly labelled and legible in order for them to be accepted and considered during the decision-making process.
Processing times for Private Life visa applications can vary but often take several months. In some cases, the Home Office may request additional information or invite the applicant for an interview. Application progress can be monitored via the applicant’s UKVI online account.
Step | Description |
---|---|
Submit an Online Application | Begin by completing the application on the GOV.UK website. Choose “Family visa” and select the “Private Life” route. Prepare supporting documents in digital format. |
Pay the Application Fees | Pay the application fee and the Immigration Health Surcharge (IHS), which grants access to the NHS. Check GOV.UK for current fee rates. |
Verify Identity and Biometric Data | Depending on your eligibility, you will either be invited to use the UK Immigration: ID Check app to confirm your identity and reuse existing biometrics, or you will be required to book a biometric appointment at a UKVCAS centre. |
Upload Supporting Documents | Submit digital copies of supporting documents via the UKVCAS portal or, if using the app, upload directly through the ID Check process. Ensure all files are legible and clearly labelled. |
Await a Decision | Processing times can vary. You may be contacted for additional information or an interview. You can track your application’s progress online. |
Section E: Private Life Visa Fees and Processing Times
The fee for applying for leave to remain under the Private Life route from within the UK is £1,321 per applicant for applications made within the UK.
In addition to the application fee, applicants are required to pay the Immigration Health Surcharge (IHS), which grants access to the National Health Service (NHS) during their period of leave. The IHS is calculated based on the length of the visa, at a a rate of £1,035 per year of leave, or £776 per year of leave for children and students.
The standard processing time for Private Life visa applications submitted from within the UK is approximately 12 months. However, this timeframe can vary depending on individual circumstances and the volume of applications being processed.
Applicants seeking a faster decision may opt for premium services. Under the Priority Service, for an additional fee of £500, a decision is typically made within 5 working days.
Alternatively, the Super Priority Service may be available for an additional fee of £1,000, providing a decision is usually provided by the end of the next working day after biometric information is submitted.
Please note that the availability of these expedited services may vary, and not all applications are eligible for faster processing.
Section F: Common Application Challenges
Applying for the Private Life Visa route under the Family Visa category can be a challenging process, as it involves proving strong private life ties to the UK. The complexity of this route, coupled with the need for substantial evidence, means that applications can be prone to rejection if not properly prepared.
1. Private life refusals
Despite meeting the basic eligibility requirements, many Private Life Visa applications are refused due to issues related to evidence, documentation or failure to meet specific legal criteria. Common reasons why applications may be rejected include:
a. Insufficient evidence of residence
Applicants often struggle to provide adequate proof of continuous residence in the UK. This could include missing documents, gaps in evidence, or failure to demonstrate a consistent presence over the required years.
b. Lack of social integration proof
Demonstrating social ties and integration into British society can be challenging. Insufficient evidence of community involvement, employment, or educational engagement can result in refusals.
c. Inconsistencies in information
Providing inconsistent or contradictory information in the application form or supporting documents can raise red flags. Even minor discrepancies between documents can lead to a refusal.
d. Criminal records or immigration breaches
A history of criminal activity, immigration violations, or overstaying previous visas can negatively impact the application. The Home Office is strict about compliance with immigration laws.
2. Appeal process
If your application is refused, you may have the right to appeal the decision. You will receive a detailed refusal letter explaining the reasons for the rejection and whether you have the right to appeal.
If you are eligible to appeal, you must submit a Notice of Appeal to the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days if you are in the UK, or 28 days if you are outside the UK.
During the appeals process, you can present new evidence to support your case, which could include additional documentation that was not submitted with the original application or addressing the gaps highlighted in the refusal letter.
In most cases, you will attend a tribunal hearing where a judge will review your case. The judge may ask questions to clarify your evidence and personal circumstances. The outcome can be one of three options: approval, dismissal or sending the case back for reconsideration.
Due to the complexity of the regulations and procedures, it is advisable to seek professional support if you are considering an immigration appeal. The appeal process can also take several months, depending on the complexity of the case and the tribunal’s schedule.
Section G: Extension and Settlement Options
The Private Life route also provides a pathway to long-term residency, requiring an initial visa extension followed by an ILR application.
1. Extending a Family Visa Under the Private Life Route
If you have been granted permission to stay in the UK under the Private Life route, your initial visa will typically be valid for 2.5 years (30 months). Before your visa expires, you will need to apply for an extension if you wish to continue living in the UK legally.
To qualify for an extension, you must continue to meet the requirements for the Private Life route, demonstrating that you still have significant ties to the UK and that it would be unreasonable to expect you to leave. Importantly, you must not have breached the conditions of your current visa. You then submit your online application, along with your updated evidence of continuous residence, social integration and personal ties in the UK.
The processing time for extension applications can take several months, so it is recommended to apply well before your current visa expires.
2. Pathway to ILR
After successfully extending your stay, you may eventually become eligible for ILR, granting you the right to live in the UK permanently without immigration restrictions.
Whether the Private Life visa leads to ILR after 5 or 10 years depends on the applicant’s age and residence history. The Immigration Rules under Appendix Private Life set out two distinct routes:
a. 5-Year Route to ILR
You may qualify for ILR after 5 years of continuous leave under the Private Life route if either of the following applied at the time of your first successful application:
- You were under 18 and had lived in the UK continuously for at least 7 years, or
- You were aged 18 to 24 and had spent at least half your life living in the UK.
These applicants are usually granted 5 years of leave from the outset and can apply for ILR without needing an extension.
b. 10-Year Route to ILR
If you don’t meet the criteria above, you’ll normally be placed on the 10-year route to settlement. You can apply for ILR after 10 years of continuous residence under the Private Life category if:
- You are over 18, have spent less than 20 years in the UK, and would face very significant obstacles to reintegrating in your country of origin, or
- You were born in the UK to a parent who has (or is applying for) leave under the Private Life route.
In these cases, leave is granted in 2.5-year increments, and applicants must extend until they reach 10 years before applying for ILR.
Section H: Summary
If you’re applying for a UK visa under the Private Life route, you may be eligible if you’ve lived in the UK continuously for a set number of years or if returning to your country of origin would breach your right to a private life under Article 8 of the European Convention on Human Rights.
If granted this visa, you will usually be allowed to work and study in the UK and may be eligible for Indefinite Leave to Remain after a qualifying period of either 5 or 10 years.
Section I: Need assistance?
For specialist guidance on your options to remain in the UK long term on the basis of your private life, contact our UK immigration advisers.
Section J: FAQs
Can someone on a Private Life visa work in the UK?
Individuals granted leave under the Private Life route are permitted to work in the UK without restrictions, unless their visa states otherwise.
Do employers need to carry out right to work checks for Private Life visa holders?
Employers must carry out a right to work check before employment begins and keep a copy of the evidence as part of their compliance obligations.
What documents can be used to prove the right to work?
Private Life visa holders will typically need to provide a share code so their immigration status can be checked online using the Home Office’s right to work service.
Can Private Life visa holders work in any job?
In most cases, yes. There are usually no limitations on the type of work unless explicitly stated in the visa conditions.
What happens if a Private Life visa is due to expire?
Employers must conduct a follow-up right to work check before the visa expires to ensure the individual continues to have permission to work.
Is sponsorship required for Private Life visa holders?
The Private Life route does not require employer sponsorship. Individuals apply independently based on their length of residence and personal circumstances.
Can a job offer support a Private Life visa application?
The Private Life route is not based on employment or sponsorship, so a job offer is not relevant to the visa decision.
Section K: Glossary
Term | Definition |
---|---|
Private Life Visa | A type of UK visa granted to individuals who have established a private life in the UK, typically based on long residence or personal circumstances. |
Right to Work | The legal right of a person to take up employment in the UK, confirmed through a valid immigration status. |
Share Code | A unique code generated by a visa holder that allows an employer to check their immigration status online using the Home Office system. |
UK Visas and Immigration (UKVI) | The Home Office department responsible for managing visa applications and enforcing immigration rules. |
Right to Work Check | The process employers must follow to verify a person’s legal status to work in the UK, using official documentation or online services. |
Immigration Status | A person’s legal classification under UK immigration law, which determines their rights and conditions while in the country. |
Follow-up Check | A repeat right to work check required by an employer when an employee’s visa has a time limit. |
Long Residence | A legal basis under which some individuals qualify for UK immigration status after living in the country for a significant continuous period. |
Leave to Remain | Permission granted by the Home Office for a person to stay in the UK, either temporarily or indefinitely. |
Employer Compliance | The legal duties placed on UK employers to ensure all workers have the correct immigration status and right to work. |
Section L: Additional Resources
UK Government: Private Life Visa Guidance
https://www.gov.uk/private-life-in-uk
Official UK government page with eligibility requirements, application process details, and links to the online application form.
Immigration Rules: Appendix Private Life
https://www.gov.uk/guidance/immigration-rules/appendix-private-life
The full legal text of the Immigration Rules that apply to private life applications, including long residence and child-specific routes.
Home Office Caseworker Guidance: Private Life
https://www.gov.uk/government/publications/private-life-instruction
Internal guidance used by Home Office caseworkers when assessing applications under the Private Life route. Useful for understanding how decisions are made.
Right to Work Checks: Employer Guidance
https://www.gov.uk/government/publications/right-to-work-checks-employers-guide
Official guidance for UK employers on how to carry out right to work checks, including those for private life visa holders.
View and Prove Immigration Status
https://www.gov.uk/view-prove-immigration-status
The online Home Office service where visa holders can generate a share code to prove their immigration status to employers or landlords.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/