Human Rights and Immigration Law
Human Rights Visa Applications
If you have had lodged an unsuccessful application to enter or to remain in the UK, you can appeal against this decision under the ambit of the Human Rights Act 1998, providing you can meet the criteria to suffice the Human Rights requirements.
An application made under this Human Rights Act is called a Discretionary Leave application. Since 9th July 2012, Human Rights are considered under paragraph 276 ADE of the Immigration Rules. The applicant should be able to prove that there are exceptional, compassionate and compelling circumstances which mean that they can enter or remain in the UK.
In order to make a successful human rights visa application, you will need to satisfy one of the following criteria:
You must have resided continuously in the UK for at least 20 years
You must be under the age of 18 years of age and have resided continuously in the UK for at least seven years
You must be aged 18 years or above - but under 25 years - and have spent at least half of your life residing continuously in the UK
You must be aged 18 years or above and have resided continuously in the UK for less than 20 years and have no social, cultural or family ties with your country of origin.
Providing you can meet with the above criteria, we will be able to assist you with your Human Rights application.
The following human rights visa UK applications can be made by an applicant under Article 8 of the ECHR, on the basis of their private life in the UK:
20 Year-Long Residence
If you have lived in the UK continuously for 20 years - lawfully or unlawfully - you can apply for permission to stay for 30 months under paragraph 276ADE of the Immigration Rules. If you are holding leave to remain under this category, then before the expiration of this you can apply for an extension of stay for a further 30 months leave to remain. After the completion of 10 years residence, you would be entitled to apply for indefinite leave to remain in the UK.
Children Who Have Lived in the UK for 7 Years Continuously
A child who has lived in the UK for at least 7 years continuously can apply for leave to remain on the basis that they have established a private life in the UK. Paragraph 276ADE(1)(iv) requires that the applicant must be under 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment). In addition, it would need to proved that expecting the child to leave the UK is unreasonable.
A Person Over 18, Under 25 and Has Spent at Least Half of Their Life in the UK
A person who is over the age of 18 and under the age of 25 can apply for a human rights visa UK (i.e. leave to remain) on the basis of their private life if they can prove that they have spent at least half of their life living continuously in the UK. The application is submitted using application form FLR (FP) and, if the application is successful, the applicant is granted leave to remain for 30 months leading to settlement after 10 years.
A Person Over 18, Under 20 and With Significant Obstacles in Returning to Their Country of Origin
A person who is over the age of 18 and has lived continuously in the UK for less than 20 years can apply for leave to remain on the basis of his/her private life in the UK. However, they will need to show that there would be very significant obstacles to their integration into the country to which they would have to go if required to leave the UK. The threshold of significant obstacles is very high for someone to satisfy. Only the applicant with really exceptional circumstances is likely to succeed under this category. The application is submitted using application form FLR (FP) and, if the application is successful, the applicant is granted leave to remain for 30 months leading to settlement after 10 years.
The following applications can be made by an applicant who has established a family life in the UK:
Family Life as a Partner
A person who is a partner (spouse or unmarried partner) of a person present and settled in the UK or of a British Citizen can apply for leave to remain in the UK on the grounds that they have established a family life in the UK with their partner. The application under this category can be considered from the view of both the partners involved and why it would be difficult for the spouse or unmarried partner to relocate outside the UK. The application is submitted using application form FLR (FP) and, if the application is successful, the applicant is granted leave to remain for 30 months leading to settlement after 10 years. There are further important factors that influence whether such a visa application is successful. Firstly, the Home Office will consider whether either the applicant or settled person have a parental relationship with a child (who is either settled in the UK or a British citizen). Secondly, they will consider whether there are insurmountable obstacles to family life with that partner continuing to live outside the UK.
Human Rights Act
The European Convention on Human Rights (ECHR) was affected into UK law by the Human Rights Act 1998.
To meet the requirements on the grounds of Human Rights - otherwise known as a human rights visa UK - you must be unable to go back to your country of origin due to there being a genuine risk that you will be exposed to torture, inhuman or degrading treatment or punishment should you return to that country.
The following are generally considered as Human Rights and freedoms:
The right to liberty and security
The right to no punishment without law
The right to fair trial
The right to respect private and family life
The right to marry
The right to a remedy of human rights abuses
Freedom of thought, conscience and religion
Freedom of expression
Prohibition of discrimination
Freedom of assembly and association
Prohibition of torture
Prohibition of slavery and forced labour
Prohibition of the abuse of rights
How Can We Ensure Your Human Rights Case is Successful?
The law in this area changes and develops with great frequency and there are a vast array of cases. Our immigration experts can guide you through this complex minefield of case law and get success on your case with good arguments, adopting a strategy in which case law is applied to your specific circumstances.