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According to the Human Rights Act 1998, it is unlawful for public authorities to act in a manner inconsistent with the rights enshrined in the European Convention on Human Rights, including the Home Office (UK Visas & Immigration).
Simply call us at 02033844389 if you need help with your visa.
In certain circumstances, you may be eligible for leave to remain in the United Kingdom if you feel that your human rights would be violated if you were required to leave.
If a person feels their human rights have been violated by an immigration decision, they can appeal to the Immigration Tribunal.
In an immigration context, the following human rights provisions tend to be important:
There can be no breach of the rights outlined in Article 3 under any circumstances. The UK may be required to grant you leave to remain if forcing you to leave would expose you to a real risk of abuse, for example, from the government or non-State agents. When your medical care would otherwise be withheld, the UK may be required to grant you leave to remain.
As a qualified right, article 8 requires a breach to be disproportionate to the interference with your private and family life. When immigration is involved, the right to respect for private and family life will usually be weighed against the state’s right to control immigration and safeguard the country’s economy.
In exercising its immigration functions, the Home Office must consider the best interests of the child.
There is a risk that Article 8 may be violated if you are separated from your partner or child in the UK as a consequence of a decision. It may also be breached if you have lived in the UK for an extended period of time and established ties here.
To protect your Article 8 right to family life, you may be granted leave to remain in the UK if:
There is an insurmountable obstacle (i.e. quite significant difficulties) to family life continuing outside the UK if you have a genuine relationship with your partner who is settled in the UK.
It may be possible to apply for leave to remain on Article 8 grounds outside the Rules if your circumstances do not meet the requirements of the Immigration Rules, but there are compelling factors that make removal a disproportionate intrusion into your family or private life.
If you have had a refusal on your Human Rights application feel that your Human Rights have been violated by an immigration decision, you may appeal to the Immigration Tribunal.
Human rights appeals are prepared and presented by our immigration lawyers before the First-tier Tribunal, Upper Tribunal, and higher courts.
In addition to providing, you with advice on potential grounds for appeal, we can assist with filing your appeal and assist you with gathering evidence for your appeal. Defend your immigration appeal and draft legal arguments for you.
In order to safeguard your Article 8 right to private life, leave to remain may be granted if:
You must be over the age of 18 and under 25 and have lived continuously in the UK for at least half of your life.
Immigration routes and rules are constantly changing in line with UK government guidelines. UK Immigration Solicitors strive to ensure that they are always well informed about any changes and how they may affect you and your next steps.
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