Human Rights Applications and Immigration Law
Making a Human Rights application can be a lifesaver for someone's family life and career. Those whose visa or Indefinite Leave to Remain applications have been refused may be eligible to submit a Human Rights application. However, these cases can be complex and require the guidance of an experienced immigration lawyer.
The Family Life or Private Life of Article 8 of the European Convention on Human Rights (ECHR) can be broken into two distinct categories. Since 2012, Human Rights considerations have been included in the Immigration Rules, allowing individuals to make claims based on their Family and Private Life.
In such cases, we find elements of the criteria to be met under the Family and Private life stages. If granted, an application leads to a 10-years route to Settlement.
Private Life (under the Immigration Rules)
Applications under the Private Life (under the Immigration Rules) include the following scenarios:
- You may be eligible for permission to remain in the UK if you have lived here for 20 years
- You may apply for permission to remain if you have lived in the UK for 20 years and where there are significant obstacles in your integration into the country of destination.
- The Applicant is under 18 years of age and has resided in the UK for the last seven years, and it would not be reasonable for them to be removed from the UK.
- The Applicant is over 18 years of age and under 25 and resided continuously in the UK for half their life.
Family Life provisions and Article 8 - Right to respect for private and family life
You may be allowed to stay in the UK under the Family Life provisions under the Immigration Rules because of Article 8 “right to family life”. Some scenarios in this category:
- The Applicant is the parent of a minor who is under 18 years old and living in the United Kingdom
- Their child has lived in the UK for the past seven years
- Where it would not be reasonable to expect the child to live in the UK
- Where there is a genuine relationship with a settled partner
- And there are insurmountable obstacles to family life to continuing abroad. Insurmountable obstacles mean very significant difficulties; assessing this factor must consider a wide range of factors.
Article 8 does not provide an absolute right like Article 3 for freedom from torture and persecution; instead, Art.8(2) grants the government of the signatories of the Convention the authority to weigh a person's right to family and private life against its right to manage immigration.
To appeal a UKVI decision on immigration based on human rights, you must prove that the decision violates your right to privacy and family life in the UK.
We have an experienced legal team that specialises in complex human rights issues, particularly those related to Article 8. Our clients receive more than just a legal service; we offer a comprehensive and attentive client care program to ensure their visa applications and appeals are handled with the utmost care. If you wish to increase your chances of a successful human rights application, our experienced immigration attorneys can provide you with the best legal advice. Our team has achieved outstanding results for our clients in the past.
