LS Legal News Bulletin
Early Settlement Concession for Young Adults (18-24)
Wednesday 1st December 2021
Sergey Kupriienko
Early Settlement Concession for Young Adults (18-24)
On 21 October 2021 the Home Office announced an early settlement concession for young adults. This will allow those aged between 18 and 24 to be granted indefinite leave to remain (ILR) after 5 years of having limited leave in the UK instead of 10 year.
What is 10 years route?
The 10 years route was introduced in 2012 for people who cannot meet the requirements of other immigration rules but whose removal would breach their rights to private or family life. These include where a child came to the UK with the family and overstayed for reasons beyond their control, as well as young adults aged 18-24 who have spent more than half their life in the UK. Those whose applications for leave to remain are granted on the 10 years route are given leave to remain in 30-month tranches and are required to make repeated applications until they have accrued 10 years of continuous lawful residence.
What is Being Conceded?
The Home Office conceded that the 10 years route is disproportionate to those applicants who were either born in the UK or entered as children (below the age of 18), but are now young adults (aged 18-24), who cannot be considered responsible for any previous noncompliance with immigration laws and are fully integrated into society in the UK. For those applicants, the concession accepts that after completing 5 years with leave to remain, that cohort should be granted Indefinite Leave to Remain.
To qualify for the early ILR concession, you must fulfil the following criteria:
- On the date of the application, you must be a young adult between the ages of 18 and 25 years old and have spent more than half of your life in the UK;
- Have either been born in the UK or entered the UK as a minor;
- Held 5 years limited leave to remain; and
- Be eligible under and have made an application based on private life grounds.
The new guidance can benefit many applicants who used to be only considered under the 10 years route for settlement. The new guidance means that they could apply for settlement straight away after 5 years. Applying under the early ILR concession will significantly save the Home Office application fees and Immigration Health Surcharge. Naturalising as a British citizen may also become available quicker.
How we can help young adults applying under the early ILR concession
Please do not hesitate to contact us if you believe that you can qualify for the early ILR concession for young adults. We will assess the merits of your application and request your early ILR grant if you are eligible.
