Human Right Applications
As a leading immigration team, it is important we can advise clients on all of the options open to them. This can include applications and/or appeals on the basis that your human rights. For more information about our immigration services call us 0203 909 8399 or contact us online.
The UK human right immigration Rules are designed to cover the vast majority of circumstances in which you could be granted leave to remain because you are entitled to remain in the UK. However, there are also provisions for those who do not fit into a specific category and may allow some migrants to apply for leave to remain in the UK in exceptional circumstances.
We will investigate your human rights and/or asylum claim thoroughly and help you gather supporting evidence. This may include working with independent experts to obtain objective supporting evidence.
Applications under Article 8 of the Human Rights Act
Family Life in the UK; A person who is a partner of a person present and settled in the UK or of a British Citizen can apply for leave to remain in the UK on the grounds of his family life in the UK with his partner.
20 Years Long Residency; A person who has lived in the UK continuously for 20 years in the UK whether lawfully or unlawfully can apply for permission to stay in the UK for 30 months under paragraph 276ADE of the Immigration Rules.
Seven Years Child Residency; A child who has lived in the UK for 7 years continuously can apply for leave to remain on the basis of private life. The immigration rules require that the applicant must be under the age of 18 years and must have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it should not be reasonable to expect the child to leave the UK. Read More about Seven Years Child Rule.
Long-Residency under age of 25; A person who is over the age of 18 and under the age of 25 can apply for leave to remain on the basis of his private life if he can show that he has spent at least half of his life living continuously in the UK.
If someone is at risk of being persecuted in their own country, they may go abroad and ask for asylum in another country. Granting ‘asylum’ means giving someone permission to remain in another country because of that risk of persecution.
We know the process, particularly of claiming asylum, can be a stressful one and at times may take you out of your comfort zone. You may be new to the UK and you may not have strong English language skills. Even if you have spent a lot of time here, the asylum process is very different to other UK immigration routes and can be difficult to adjust to
For further information, help and advice
Our team of immigration solicitors understand the complexity of such applications; the Immigration Rules, policies and Home Office guidance can be somewhat difficult to understand and case law is constantly changing. We have considerable experience of assisting clients in complex situations and understand that there are a number of reasons why a migrant may need to apply for leave to remain outside the Immigration Rules.
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