It is incumbent upon public authorities inter alia the Home office to act within the remit of the Human Rights Act 1998. It is unlawful for the UK Visas & Immigration to act contrary to what is enshrined in the European Convention on Human Rights.
The European Convention on Human Rights imposes safeguards for all those living in the UK and also under immigration control.
What are the main eligibility requirements for leave to remain on human rights grounds?
Under the Human Rights provisions, some individuals can apply for Leave to Remain on the basis of their personal circumstances. In some circumstances, refusal of such application could infringe their human rights.
Anyone subject to an eligible immigration decision also has the right to appeal to the Immigration Tribunal on the ground that the immigration decision breaches their human rights.
The most common human rights provisions of the European Convention on Human Rights that are engaged in an immigration context are:
- Article 3: prohibition on torture and inhuman or degrading treatment or punishment;
- Article 8: right to respect for private and family life.
What else do I need to know about making a human rights application?
Article 3 is an absolute right and cannot be breached in any circumstances. This means that if requiring you to leave the UK would expose you to a real risk of ill-treatment, for example, from the government or non-State agents, or due to the withdrawal of medical care if you suffer from a serious medical condition, the UK may be required to grant you leave to remain.
Article 8 is a qualified right, which means that an interference with your private and family life needs to be disproportionate to constitute a breach of this right. In the immigration context, the right to respect for private and family life will often be balanced against the right of the state to control immigration and protect the economic wellbeing of the country.
If you have a partner and/or child in the UK, Article 8 may be breached if a decision means that you would be separated from your family. It may also be breached if you have resided in the UK for a long period of time and established substantial ties here.
The Home Office must have regard to the best interests of the child when exercising its immigration functions.
Human rights applications based on private life in the UK
Under the Immigration Rules, leave to remain may be granted in order to protect your Article 8 right to private life if:
- You have lived in the UK continuously for 20 years; or
- You have lived in the UK for less than 20 years but there would be very significant obstacles to your integration into the country to which you would have to go if required to leave the UK; or
- You are under the age of 18 and have lived continuously in the UK for at least 7 years and it would not be reasonable to expect you to leave the UK; or
- You are aged over 18 and under 25 and have spent at least half of your life living continuously in the UK.
Human rights applications outside the Immigration Rules
- If your circumstances do not meet the requirements of the Immigration Rules, but there are compelling factors that mean that a decision to remove you would amount to a disproportionate interference to your family or private life, it may be possible to apply for leave to remain on Article 8 grounds outside the Rules.
- Anyone subject to an eligible immigration decision also has the right to appeal to the Immigration Tribunal on the ground that the immigration decision breaches their human rights.
- Our immigration lawyers are experts in preparing and presenting human rights appeals before the First-tier Tribunal, Upper Tribunal and higher courts.
- We can advise you on potential grounds of appeal, assist with lodging an appeal, help you to gather relevant evidence for your appeal. Draft legal arguments in support of your appeal and represent you at your immigration appeal hearing.
How our immigration Lawyers can help
Our immigration Lawyers have extensive experience preparing high quality human rights-based applications and successfully appealing against decisions of the Home Office on human rights grounds.
Our lawyers are experts on the immigration options for individuals seeking to remain in the UK on human rights grounds and will guide you through the complex Home Office rules, policies and case-law.
We have established excellent rapport with clients’ based on cutting edge legal acumen, bearing in mind we stand for equality and justice and go extra mile to enforce the rule of law. We have impeccable track record of giving clients succinct advice and legal representation.
Why Use Paradise Law Solicitors for Human Rights
Immigration lawyers at Paradise Law Solicitors are experts in dealing with Human Rights Law. Kindly contact our experts on 0121 285 2535 or 07940 077 805 or email firstname.lastname@example.org for bespoke advice.