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Skip to content A ‘human rights visa UK application’ under the UK’s immigration system allows you to seek the right to remain based on Article 3 or 8 of the European Convention on Human Rights (ECHR).
You may apply under Article 3 if returning to your home country puts you at risk of persecution or harm, such as torture or inhuman treatment. Alternatively, under Article 8, you may qualify if you’ve lived in the UK for many years and have strong family ties.
For immediate assistance, contact our experienced immigration solicitors at 02033844389. We’re here to help you navigate your situation with expertise and care.
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When applying for a visa or permission to remain in the UK, one can use human rights as their primary reason. This is most often in reference to Article 8 of the ECHR, which guarantees the right to privacy and family life. Those who do not meet the typical immigration criteria but have strong human rights grounds to stay in the UK can apply for this sort of visa with the assistance of a human rights lawyer.
Some common types of human rights-based visa applications in the UK are as follows:
In exceptional cases where deportation would breach an individual’s human rights or create significant humanitarian issues not covered by standard immigration rules, discretionary leave may be granted at the officer’s discretion.
Please be aware that this list of human rights routes is not complete; there are numerous more ways to apply to the Home Office for permission to remain or settle, such as through asylum or other human rights-based processes:
Please be aware that the application procedure varies according to the chosen application route. Example: if you want to apply for indefinite leave to remain (ILR) based on your right to private or family life, but you’re under 18, between the ages of 18 and 25, or over 18, and have been here for 20 years, the application form you need to fill out will be different.
The human rights visa fees is £2,404, and candidates may also be required to take and pass the Life in the UK exam.
Our immigration lawyers are here to help with your application and offer tailored guidance because we know that everyone’s situation is different. Call us at 02033844389 or fill out our contact form to schedule a free initial consultation.
If a child who was born in the UK and has been here continuously for seven years or longer meets the requirements, they are eligible for permanent settlement (ILR) immediately under the ‘Private Life route’ to settlement. According to the rules, the decision maker from the Home Office needs to be completely convinced that the child’s departure from the UK would not be reasonable.
Young adults (those who entered the UK before the age of 18) who are between the ages of 18 and 25 may also be eligible for ILR. For this case, applicants must have stayed in the UK their whole lives or at least half of them.
Applicants for ILR who are 18 or older and have resided in the UK continuously for 20 years or more are also eligible under the UK’s private life immigration regulations. Even if this isn’t the case, there’s still a chance of receiving approval to remain in the UK if the decision maker at the Home Office is convinced that the applicant would have substantial difficulties returning into their home country in case that their application is denied.
You can apply for a family visa in your child’s name if they are a British citizen and you are either their only parent or have unrestricted access to them.
Your right to family life in the UK may allow you to apply for leave to stay if your non-British child is living in the UK and does not qualify for ILR based on having been in the UK for 7 or more years. In order to obtain a British visa for your non-British child, you must prove the following in your human rights application:
Applicants can also seek medical permission to remain under Article 3 of the immigration rules.
To successfully apply under article 3 on medical grounds, you must demonstrate that you are in immediate risk of experiencing a severe, rapid, and irreversible decline in your health. This decline could lead to intense suffering or a substantial reduction in life expectancy due to the inability to access appropriate treatment while in the UK.
Human rights applications are typically examined within 3 months by the Home Office; however, this time period is subject to change due to the individual nature of the reviews and the potential complexity of each case. There are a number of typical causes for delays, including:
You might be able to take your case to the First-Tier Tribunal (Immigration and Asylum Chamber) if your human rights claim is turned down. You are given a strict deadline of 28 days from the date of your refusal letter to file an appeal.
You must show that the Home Office’s decision violates your right to private and/or family life in the UK in order to file an effective appeal. You have the option to request that the tribunal make a decision based on the papers you have submitted or at an oral hearing that you and/or your legal representation will attend.
Additional options may also be available to you, depending on your refusal’s grounds:
UK Immigration Solicitors is a leading firm specializing in human rights applications for leave to remain and Indefinite Leave to Remain (ILR). Our expert immigration solicitors can:
For assistance with your human rights application, contact our immigration lawyers for a free consultation. Call us at 02033844389 or fill out our enquiry form today.
Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.
When making immigration decisions, the UK Home Office must follow the principles outlined in the European Convention on Human Rights (ECHR). For example, denying someone a UK Standard Visit Visa to see their young children in the UK could violate their right to family life under Article 8 of the ECHR. This ensures that immigration decisions respect fundamental human rights.