Human Rights Applications
Human Rights Applications
A person who has established his private and family life in the UK can apply for permission to stay in the UK under Article 8 of the European Convention on Human Rights (ECHR).
Before 9 July 2012, all such applications made under Article 8 were considered by the Home Office outside the Immigration Rules and under the Discretionary Leave policy. However, the changes to the Immigration Rules were implemented on 9 July 2012 whereby any claim for Article 8 is now decided under the Immigration Rules paragraph 276 ADE.
In addition to the Immigration Rules, the Home Office is under a duty to consider the facts of the case that are exceptional. This is considering the Article 8 claims outside the Rules after it has been considered under the Immigration Rules. In very exceptional cases, it is still possible that an applicant may fail to satisfy the Article 8 claim under the Immigration Rules but may still succeed outside the Immigration Rules due to exceptional compassionate circumstances surrounding the human rights application.
Following applications can be made by an applicant under Article 8 of the ECHR:
Applications on the basis of private life in the UK
Under the private life factor of Article 8 of the European Convention on Human Rights (ECHR) following applications can be submitted:
20 YEARS-LONG RESIDENCE (10 YEARS ROUTE TO SETTLEMENT)
When a person who has lived in the UK continuously for 20 years in the UK whether lawfully or unlawfully can apply for permission to stay in the UK for 30 months under paragraph 276ADE of the Immigration Rules. If you holding leave to remain under this category then before the expiry of such leave to remain, the applicant can apply for an extension of stay for a further 30 months leave to remain. After completion of 10 years residence – leave to remain under this category, the applicant is entitled to apply for Indefinite Leave to Remain (ILR) in the UK. The initial application or an application for extension of stay under this category are made using application form FLR (FP) and an application for ILR is made using application form SET (FP).
CHILD WHO HAS 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) and it should not be reasonable to expect the child to leave the UK.
A PERSON WHO IS OVER THE AGE OF 18 AND UNDER THE AGE OF 25 AND HAS SPENT AT LEAST HALF OF HIS/HER LIFE IN THE UK
A person who is over the age of 18 and under the age of 25 can apply for leave to remain on the basis of his private life if he can prove that he/she has 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 WHO IS OVER THE AGE OF 18 BUT LESS THAN 20 YEARS IN THE UK AND THERE WOULD BE VERY SIGNIFICANT OBSTACLES TO HIS 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 his/her integration into the country to which he/she 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.
Applications On The Basis Of Established Family Life In The UK
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 his/her 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/unmarried partners 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. It is considered to be an important factor for such application where either the applicant or the settled person have a parental relationship with a child who is settled in the UK or is British, or/and there are insurmountable obstacles to family life with that partner continuing outside the UK.
If you are looking to apply under this category you can contact Visa and Migration Ltd on 02034111261 for expert advice.