FLR (FP) Private life 10 year route

[Denz85]

Hi
I was previously granted leave to remain under para 276 Ade 1(vi) of the immigration rules based on my private and family life in the UK. I have now been here for 13 years. However, at the time of my application the wording of this paragraph read 'is aged 18 or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no social, cultural or family ties to the country you would require to leave to if you had to leave the UK'. Now it reads(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.
Now that the wording of para 276 ade 1 (vi) has changed, would I have to fulfill the criteria of this new wording when applying for my extension under this category or would I be able to apply and be granted under the previous one?

As far as I know, even though the wording has changed of this category, anyone who has already been granted leave to remain previously under this category (with a different wording) will be entitled to apply and will be granted again. HO cannot refuse a person based on this scenario.

Please correct me if I'm wrong. Your urgent response would be much appreciated.


Thank you!

[bathanza]

Your extension based on your current visa needs to establish your private life in the UK. May I ask, are you married? Do you have children?

If your life has been ingrained further with family, work, house etc. It is that the HO will look for from the proof you provide. An explanation as to why you cannot relocate to your original home, be it language, home, family or cultural ties needs to be looked at too.

There are people who have had successful extension, look at the guidance notes and get your paperwork in order.

[Denz85]

Thanks for your reply.
No, I'm not married and neither do i have any children. I was granted previously based on having my whole immediate family here, i.e my parents and my two sisters, all of whom are British except one sister who has just applied for PR. I was also, granted on the basis of having no ties to the country I would have to go to if required to leave the UK. I have been working full time for the last 2.5 yrs and can get letters of reference from gp, family, mp, etc. All these ref letters were provided previously anyways.
I have checked and seen another person on this forum from Zimbabwe who applied in this category originally and he was granted but he applied when the new change to this rule came into effect in 2014. Then he applied for extension under the same new rule recently and was granted. May I ask are you a legal advisor in immigratio or someone who has knowledge in immigration matters?
Do you think they can refuse me based on the new rule, as its slightly different to the previous rule as my current visa was granted on the previous one?
Its still private life 276 ADE 1 of the immigration rules. Would I have to now show that i have significant obstacles in integrating to the country that I would have to go to if required to leave the UK?

Please let me know soon.

Thanks!

[Alfa_97]

Hello there,

If you don't mind may I ask what evidence and arguments did you provide to back your claim. Also were you granted directly through HO or at a tribunal?

Thanks