There has been an update to the recent Home Office Concession rules for early qualification for Indefinite Leave to remain (ILR) after 5-years for young people who have grown up in the UK. The update was published on 20.12.2021. The full version can be found here.
OVER 25’S NOW INCLUDED
We are grateful to the Minister for Safe and Legal Migration, Kevin Foster, and to the Home Office for working jointly with us to make changes to the concession after we raised concerns about the previous cut-off age which limited the criteria to only those aged between 18-24. The concession can now clearly benefit those who are over 25 and fit the following rules:
- Be aged 18 years or above and meet the criteria set out in paragraph 276ADE(1)(v) by having spent at least half of his/her life living continuously in the UK (discounting any period of imprisonment) or has met the criteria set out in paragraph 276ADE(1)(v) in a previous application for leave to remain; and,
- Other criteria set out here
HOW TO APPLY
The update also sets out guidance on how to apply for the concession. It states, “applicants should make a further leave to remain application and fill in the free text box instead of making a separate indefinite leave to remain application”
MISCELLANIOUS UPDATES
Other noteworthy changes to the guidance include
- Fee waivers: Those who are eligible for fee-waivers under the private life rules should also be able to benefit from one here.
- Reimbursement of the Immigration Health Surcharge (IHS): Those who apply using a further leave to remain form and pay the application fee as well as the IHS will be refunded the IHS if their application under the concession is successful.
We Belong aims to host further information sessions, as well as advice sessions with Immigration lawyers regarding the Home Office Concession in the New Year. If you want to be informed about the upcoming advice sessions, please fill out our information session survey here.
In the meantime, we can be contacted at info@webelong.org.uk for further information. But we must emphasise that we are not able to provide legal advice and nothing in this article should be taken as legal advice. We can only provide guidance and support. We recommend anyone interested in making an application consults a lawyer.