Rights to Private and Family Life

You may be able to apply for leave to remain under your rights to family and private life, depending on your circumstances.

This generally means that you are making an application based on your entitlement of human rights, (rights to family and private life) these applications are considered at the discretion of the home office outside the immigration rules.

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Frequently Asked Questions (FAQs) about a Rights to Private and Family Life.

Overview Of Human Rights Leave

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).

All United Kingdom citizens, as well as those under the authority and control of the UK immigration authorities, are protected by the European Convention on Human Rights.

Simply call us at 0203 384 4389 if you need help with your visa. 

Who is eligible for leave under Human Rights?
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:

  • Article 3: prohibition against torture and other inhuman or degrading treatment or punishment;
  • Article 8: right to respect for family and private life.
  • 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.

    Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    Human Rights Visa UK based on Family Life
    To protect your Article 8 right to family life, you may be granted leave to remain in the UK if:
  • If you have a relationship with a child under 18 who lives in the United Kingdom, or has resided in the United Kingdom for the past 7 years, and you cannot reasonably expect the child to leave; or
  • 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.

    Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    What if I circumstance are not covered above?

    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.

    Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    What if my Human Rights application UK has been refused?

    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.

    Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    Human Rights based on Private Life in the UK
    In order to safeguard your Article 8 right to private life, leave to remain may be granted if:
  • If you have lived continuously in the UK for at least 20 years; or
  • It would be very difficult for you to integrate into the country to which you would have to move if you had to leave the UK as you have lived in the UK for less than 20 years; or
  • A person who is under 18 years of age and has lived continuously in the UK for at least seven years would not be expected to leave the UK; or
  • 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.

    Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    We Can Help You With Your Human Rights
    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.
  • Make a new application, apply for your dependents to join you, wish to extend your visa, become settled or challenge an unfair decision…
  • UK Immigration Solicitors can provide you with expert advice, guidance and legal representation to meet your needs.
  • Unsure about whether your plans would meet the requirements or whether you are likely to face any challenges?
  • We can assess your individual circumstances and confirm what your options are through a free case assessment.
  • UK Immigration Solicitors can ensure that your chances of success are maximised by handling your entire application remotely.
  • We provide a fully digital service, and you never have to visit our offices for 9/10 immigration cases.
  • We are an award-winning law firm that specialises in all types of UK immigration cases, and we offer a transparent, fixed fee service to handle your entire case.
  • Get Help! From Our Human Right Lawyers Now Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    What are the fundamental human rights in the UK?

    Fundamental human rights in the UK encompass various crucial protections, including the right to life, safeguards against torture and forced labor, the right to marry, access to effective remedies, and protections against discrimination within these spheres. Case law often focuses on rights related to liberty, privacy, freedom of thought and expression, and the right to associate and assemble.

    Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    What is the UK human rights status?

    The Human Rights Act of 1998 established the safeguarding of human rights within the United Kingdom. This law follows the rules in the European Convention on Human Rights. If your human or Convention rights are violated, you have the recourse to pursue legal action in UK courts under the Human Rights Act.

    Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    What are the 12 human rights?
    Twelve essential human rights include:
  • rights to life, liberty, and security,
  • freedom from torture,
  • freedom of thought, conscience, and religion,
  • freedom of opinion and speech, employment and education, privacy,
  • the ability to engage in political life,
  • freedom of movement, and
  • equality before the law
  • Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

    Does the UK care about human rights?

    By applying the Human Rights Act, the United Kingdom showcases its dedication to the protection of human rights. This law allows individuals to protect their rights in UK courts and requires public agencies, including the government, police, and local councils, to promote justice, equitable treatment, and respect for all individuals, demonstrating a commitment to safeguarding human rights in the country.

    Simply call us at 0203 384 4389 if you need help with your visa. You can also fill out the online form here.

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