Introduction
Many people have been living in the United Kingdom for significant years and are facing difficulties returning to their home country but have been found stranded in the UK without regulating their status. Most of the people were under the impression that they will have to wait for 20 years before they can proceed to apply for Further Leave to Remain application based on their private and family life.
Under Appendix Private Life, for applicant who is aged 18 or over at the date of application who has not been continuously resident in the UK for more than 20 years, but if there would be very significant obstacles to the applicant’s integration into the country where they would have to live if required to leave the UK, they would be granted 2.5 years Permission to Stay in the UK.
What is an insurmountable obstacle?
‘Very significant obstacles to integration into the country to which they would have to go if required to leave the UK’, the starting point for someone who has lived outside the UK as an adult is to assume that the applicant will be able to integrate into their country of proposed return. In such a case the burden of proof is on the applicant to demonstrate that in his or her case there are now very significant obstacles to that integration.
A ‘very significant obstacle to integration’ means something which would prevent or seriously inhibit the applicant from integrating into the country of return. They are looking to see ‘very significant’ obstacles, which is a high threshold. The threshold of this definition is more than the usual obstacles which may arise on relocation.
It would only exist if you were able to demonstrate that you would be unable to establish a private life in the country of return, or if establishing a private life in the country would entail very serious hardship for the applicant. The home office would not accept unsubstantiated assertions and independent and verifiable documentary evidence of any claims made in this regard are expected.
Relevant country information (internal link) should be referred to when assessing whether they are very significant obstacles to integration. National laws, attitudes and country situation in the relevant country or regions would affect how the home office caseworker considers the merits of a case. Where the applicant would be at a real risk of prosecution or significant harassment or discrimination as a result of their sexual or political orientation or faith or gender, or affect their fundamental rights, and therefore their ability to establish a private life in the country.
The home office would also consider whether the applicant has the ability to form an adequate private life by the standards of the country of return, not by the UK standards but to consider the essential elements of the applicants reintegrating into the society there.
Factors to determine ‘very insurmountable obstacles in accordance with the Home Office Caseworker Guidance
Cultural Background
It will be important to consider any evidence of the applicant’s cultural ties and familiarity with the country of return. Where the person spent time in the UK living amongst a dispora community from country, then it may be reasonable to conclude they have cultural ties with that country even if they have never lived there or have been absent from that country for a lengthy period.
Length of time spent in the country of return
The length of time spent by the applicant in the country of return before the applicant arrived in the UK constitutes an important element on the evaluating of whether they will be very significant obstacles for the applicant to reestablish a life in the country he would return to. Where the applicant has spent a significant period of time in the country of return it will be difficult for them to demonstrate there would be very significant obstacles to reintegration into that country. Considerations must be given on the proportion of the person’s life spent in that country and the stage of life the person was at when in that country.
Family, friends and social network
An applicant who has family or friends in the country of return should be able to turn to them for support to help them to integrate into that country. The home office would consider whether the applicant or their family have sponsored or hosted visits to the UK by family or friends from the country of return, or whether the applicant has visited family or friends in the country of return. Consideration of the quality of any relationships with family and friends in the country of return must be given but they do not have to be strong familial ties and can include ties that could be strengthened if the person were to return.
Faith, political or sexual orientation or gender identity
You must consider the relevant country information when considering whether an applicant would face very significant obstacles integrating or re-integrating into the country of return as a result of their faith, political or sexual orientation or gender identity. The home office will consider the degree of difficulty that would be faced as a result of the applicant’s faith, political or sexual; orientation or gender identity based on the situation in practice in the country of return and not necessarily solely what is provided in law.
This is important as many believed that the legal position of the country would constitute the final position of the applicant in the country. The applicant’s previous experience of life in that country and any difficulties the applicant claims to have experienced as a result of their faith, political or sexual orientation or gender identity must also be considered.
The guidance on what will constitute very significant obstacles in the guidance on Private Life. Extracts below illustrate how strict the test is, at least as far as the home office is concerned, and how officials are very rarely inclined to grant application on that basis:
[…]
Where there are no family, friends or social networks in the country of return that is not in itself a very significant obstacle to integration – many people successfully migrate to countries where they have no existing ties.
[…]
Where there is credible evidence that an applicant cannot speak any language which is spoken in the country of return, this will not in itself be a very significant obstacle to integration, especially if the applicant will be returning with or joining family members, unless they can also show that they would be unable to learn a language of that country, for example because of a mental or physical disability.
Judge might take a more reasonable view, in accordance with the provisions in SSHD v Kamara [2016] EWCA Civ 813, Lord Justice Sales held that:
“The idea of “integration” calls for a broad evaluative judgment to be made as to whether the individual will be enough of an insider in terms of understanding how life in the society in that other country is carried on and a capacity to participate in it, so as to have a reasonable opportunity to be accepted there, to be able to operate on a day-to-day basis in that society and to build up within a reasonable time a variety of human relationships to give substance to the individual’s private or family life.”
Application Process
This application is available to be made in the country. You can make this application by filling out the Further Leave to Remain based on Private life application named FLR FP.
The cost of the application fee is £1,258 and the applicant will need to pay for Immigration Health Surcharge, which is £1035 per year, and they will need to pay £2,587.50 for 2.5 years permission to stay. For the applicant who cannot afford to pay for the home office fees, they can request a fee waiver due to their financial status.
The applicant will need to make an extension application after 2.5 years. Once the applicant has successfully completed 10 years of legal residency, he will be able to make an Indefinite Leave Remain application.
