Immigrationboards.com

Hello. My indefinite leave to remain application got rejected. I applied via the 5 year route, because I have had the BRPs twice, in total 5 years. I got my first BRP when i was 16 years old so i was a child. I am still fully dependent on my parents because I study at University.


My younger siblings are British citizens and my parents are on the 10 year route. Home office wrote in the letter that I fail to meet the validity of the requirements 'as you have never held leave to remain in the UK on the basis of your private life. You were last granted as a child on the Family life route under D-LTRC in line with a parent'

What should I do now? My lawyers were convinced that I would get it and they charged so much money as well, now they're not explaining it properly as to what happened without charging more. Do i reapply but this time not via the private life? Or should I continue on the 10 year route. I am currently 20 years old.

Thank you for reading

What 5-year route ??
Who advised you to make such a move ?? The children do NOT even have a 5-year residence requirement for ILR at all. What kind of a person advised you that it is appropriate to apply under the private life route when you clearly do not have such leave ??

You can only qualify for ILR and settle when BOTH your parents settle, under the 10-year route.

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.

fails, if you were not born in the UK and did not have leave under the Private Life route.

IMHO if your lawyers had failed to provide reasonable care and skill with their advice under the Consumer Rights Act, then they have breached their contract.

Then complain and ask them for a full/partial refund.

If they refuse and you paid them by debit/credit card, then also try making a chargeback or Section 75 claim, emphasizing a breach of contract.

If necessary, then contact the Legal Ombudsman.

Good luck. Do let us know what happens.

If you have spent at least half your life in the UK, then I think 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.

also allows you to switch to the Private life route?