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Index >> Visa Refusal / Appeals, Complex Cases >> Human Rights Application >&g back button

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Human Rights Application | Private & Family Life | Outside the Immigration Rules

Human rights application has now changed. Those part of the legacy discretionary leave, need to read this page, by clicking here

Terms used as private life is based on your own rights as well as your residence and any compelling grounds. Family life application is only considered if you have a partner who is either settled or is a British national or if you have a child, who has lived in the UK for 7 years or is a British national. 

In order to make a successful application under private life, you will need to satisfy the following criteria:

  1. The applicant must have resided continuously in the UK for at least 20 years; or

  2. The applicant must be  under the age of 18 years of age and have resided continuously in the UK for at least seven years; or

  3. The applicant must be aged 18 years or above but under 25 years and have spent at least half of their life residing continuously in the UK; or

  4. The applicant must be aged 18 years or above and have resided continuously in the UK for less than 20 years and have no social, cultural or family ties with their country of origin.

At ICS Legal, we help on preparing your human rights application. Providing you can meet the above criteria we can assist with your Human Rights application and queries. Our expert team of lawyers can assist you with the preparation of your application and ensure that you meet all the requirements of the relevant Immigration Rules.

The key rights in this area are; Article 3 of the Human Rights Act 1998.  which prohibits the use of torture, it states that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” If you have a genuine fear that you will be exposed to torture, or inhuman or degrading treatment or punishment and you are being deported to your home country you can utilise this right and avoid removal from the UK.

Article 8 of the Human Rights Act 1998 enshrines the Right to respect for private and family life, it stipulates that  “there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” You can rely on Article 8 if you can show that you will face a serious and unjustified interference with your family or private life if you are removed from the UK. However the concept of private life is wide, it can encompass the right to pursue a business without undue interference from state authorities.

As a consequence of this legislation, a vast amount of case law has developed in which rights were discussed and substantiated. Human rights applications are very complex areas of law. In order to make a successful application, it is imperative to seek advice from a professional. We have a team of experts specialising in all aspects of Human Rights application, who would be able to guide you through the relevant legislation and case law and devise a strategy which will lead you to a successful outcome.

A vast amount of Human Rights application is refused at the initial application stage. You may have the right to appeal but you will have to adhere to complex rules and guidelines and if you do not appeal in time you may lose the right to appeal.

As a consequence of this legislation, a vast amount of case law has developed in which rights were discussed and substantiated. Human rights applications are very complex areas of law and there are a number of routes you can apply for within the immigration rules as well as applying the rules. In order to make a successful application, it is imperative to seek advice from a professional.

ICS Legal is able to advise and support you in submitting an application. Contact us today on 0207 237 3388 or e-mail us your query to info@icslegal.com.

You can also complete the visa assessment, by clicking here

 

 

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