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If you are reading this information then you must be aware that Human Rights applications are complex in nature and the claim is mainly made under Article 8 of the European Conventions on Human Rights (ECHR). If a public authority breaches your human rights or that of your family member, you may be able to take action under the Human Rights Act in the UK courts. This area of UK immigration is ever-changing because it is a vast area where the UKVI considers leave to remain applications under partner route, parent route or family and private life route. If your human rights application is refused, it will normally generate a right of appeal from in-country as long as it is not certified as unfounded. Almost half of the UK Immigration Judicial Reviews somehow relate to human rights challenges.

At Immigration Solicitors 4me, we have solicitors who have practical experience in dealing with the most complex immigration applications and subsequent challenges and/or appeals. If you are finding the human rights applications and challenges as complex and frustrating, please arrange a consultation with one of our human rights law experts who will provide you with case-specific and most accurate advice in your matter.

In most cases, even though the Home Office accepts that the right to private and family life exists and the decision may interfere in such right but the decision is then defended under subsection (2) above stating that this interference is proportionate to achieve a legitimate purpose. This is a vast area with definitions, explanations, and guidance from various case laws and you may need expert advice who could simplify your matters for you.

Please do not hesitate to call for an assessment of your case.

 

 

What is Human rights visas UK?

A Human Rights Visa in the UK refers to visa or leave-to-remain applications based on human rights grounds, primarily under Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private and family life. This type of visa can be sought by individuals who do not meet the usual immigration requirements but have compelling human rights reasons to remain in the UK.

Here’s a breakdown of the main types of human rights-based visa applications in the UK:

1. Right to Family Life (Article 8 ECHR)

  • This is the most common ground for a human rights visa. Applicants can claim that deportation or removal would interfere with their right to family life if they have close family members in the UK, such as a spouse, partner, children, or elderly parents who are dependent on them.
  • Applicants must usually demonstrate they have a genuine and subsisting relationship with a family member, such as a British citizen, settled person, or someone with refugee status or humanitarian protection in the UK.
  • For example, a person may apply on the basis that they are a parent of a British child, or they may apply as an adult dependent relative if they are caring for a family member who requires ongoing support.

2. Right to Private Life (Article 8 ECHR)

  • Private life claims can be based on an individual’s integration into UK society, particularly if they have lived in the UK for a significant amount of time.
  • Private life applications are often made by people who have lived in the UK for many years (including children and young adults), have established ties to the community, or have health or other personal circumstances that would make it difficult to reintegrate into life in their home country.
  • Time-based thresholds allow applicants to apply under private life grounds if they have:
    • Lived continuously in the UK for 20 years.
    • Lived in the UK for 7 years if under 18 years of age, and it would not be reasonable for them to leave.
    • Lived in the UK for half of their life if they are aged between 18 and 24.

3. Health Grounds

  • Some human rights applications are based on serious health conditions if returning to the applicant's home country would lead to a significant deterioration in their health or access to necessary treatment would be unavailable.
  • This is generally a high threshold, and these applications are evaluated carefully by the Home Office.

4. Exceptional Circumstances

  • Even if the above criteria are not met, the Home Office may grant leave to remain in the UK in "exceptional circumstances" where deportation or removal would lead to unjustifiably harsh consequences.
  • Exceptional circumstances include serious barriers to relocation, social or economic integration issues, or cases where a person faces severe hardship in their home country.

5. Discretionary Leave to Remain

  • This type of leave may be granted on a discretionary basis in special cases where removal would result in a breach of human rights or other humanitarian grounds that do not fall within the regular immigration rules.

 

Application Process and Considerations

Human rights visa applications are typically complex and require detailed evidence supporting the applicant’s claim, including proof of family relationships, community ties, health issues, or other personal circumstances. Applicants often need to show that their removal from the UK would be "disproportionate" and interfere significantly with their human rights. These applications can take longer to process and may involve legal arguments, especially if they need to be appealed in immigration tribunals.

Right to Appeal

If an application is refused, applicants often have the right to appeal based on human rights grounds. During the appeal, the case is assessed by a tribunal which considers the applicant’s human rights arguments and may overturn the Home Office’s decision.

Since human rights visa cases can be challenging, consulting with one of our experts legal professionals with expertise in immigration and human rights law will be beneficial to improve the chances of success.

 

Human rights application processing time (Application time)?

Typically, human rights application processing time takes about 12 months however cases can take longer depending on how much information is required by the home office. Please contact our specialised immigration lawyers for further advice and discussion

 

Why us:-

1. TMC Solicitors is a fully SRA-regulated law firm. It has a client base all over the UK and the world.

2. Professionalism and client care are our core attributes leading to numerous happy clients

3. Our success rate is over 98% owing to the expertise and thoroughness of our legal staff

4. Our legal approach is very pragmatic and realistic and we offer our client assurance of the best legal advice

5. We are accessible 24/7 in case of any emergency, detention or deportation, refusal of entry at airports

6. We offer legal and professional services with minimum disruption in our client's routine of life. We don’t make client travel we deal with client issues over the phone

7. We have specialized client coordinators to deal with initial free assessments and they are very passionate about their work

8. We have bilingual staff and we give clients the comfort of discussing their legal matters with someone very close and understanding


Why Immigration Solicitors 4me?

We, The Specialized And UK's Top Immigration Solicitors At TMC Solicitors have a vast knowledge and over 20 years of combined practical experience of delivering over 98% Proven Success Ratio yet for our clients in their Family Visas Applications (Like - family visitor visa, Visiter visa UK etc). We can provide our excellent services at any stage of your Fiance Visa, Proposed Civil Partner Visa, Spouse Visa, Unmarried Partner Visa, Same Sex Partner Visa, Adult Dependent Visa, whether it is Entry Clearance, Switching A Visa ( 5 Years Or 10 Years Route), Renewal Of A Visa or it's ILR -As A Spouse.

We promise our area of expertise not only with successful application but for challenging the Refusal or Reapplying of A Visa Application too with the perfection of our skills and experience delivering the same Success Ratio.

We always offer 100% Confidential And Free Initial Assessment to our clients to assess and determine the circumstances keeping the objectives of our client on priority. That is why we suggest our clients to call us for the Free Initial Assessment for the better understandings of the grounds to get our Client's Objectives in the comfort of saving their time, money and hassle. We are never false to our words and believe in taking full responsibility of helping our client in any simple, complex or stressful Immigration Situation.

We, The Specialized And UK's Top Immigration Solicitors At TMC Solicitors have vast knowledge and over 20 years of combined practical experience of delivering over 95% Proven Success Ratio yet for our client in winning their Immigration Appeals even after the significant reduction in rights against the refusals of immigration application under the implementation of Immigration Act 2014.

We can provide our excellent services for In Country Appeals To the First Tier Tribunal For Family Visas, Appeals For Entry Clearance For Family Visas, Appeals Against Deportation Of Non EEA Nationals, Asylum And Human Rights Appeals. With our huge area of expertise and experience we are Perfectly maintaining the same success ratio for the Appeals To Upper Tribunal, Administrative and Judicial Review Against The Upper Tribunal, Appeals To The Court Of Appeal and Appeals To The Supreme Court with the solid grounds for the Applications Of Permission To Appeal To Upper Tribunal And Supreme Court.

We always offer 100% Confidential And Free Initial Assessment to our clients to assess and determine the circumstances keeping the objectives of our client on priority. That is why we suggest our clients to call us for the Free Initial Assessment for the better understandings of the grounds to get our Client's Objectives in the comfort of saving their time, money and hassle. We are never false to our words and believe in taking full responsibility of helping our client in any simple, complex or stressful Immigration Situation.

We, The Specialized And UK's Top Immigration Solicitors At TMC Solicitors have a vast knowledge and over 20 years of combined practical experience of delivering over 95% Proven Success Ratio yet for our clients in Legal Representation for Asylum Claims, Human Rights Claims, Deportation, Immigration Detention, Removal and Immigration Bails.

We will draft your legal representations for your Asylum Claims, Human Rights or Private Life Claims, One Stop Notices or Section 120 Representations.

We will provide our excellent services In any case of deportation orders against any client of any nationality. Our expert immigration solicitors would provide you legal representations in any case of Immigration Detention, Removal and Immigration Bails.

We always offer 100% Confidential And Free Initial Assessment to our clients to assess and determine the circumstances keeping the objectives of our client on priority. That is why we suggest our clients to call us for the Free Initial Assessment for the better understandings of the grounds to get our Client's Objectives in the comfort of saving their time, money and hassle. We are never false to our words and believe in taking full responsibility of helping our client in any simple, complex or stressful Immigration Situation.

Our leading immigration solutions are with an assurance of taking care of each and every step of the application process. We follow and adhere to all the essential standards in the way and provide concise, promising and efficient advice making sure that the likelihood of your visa or immigration be granted. We have developed panels of individual immigration solicitors with specific expertise to take care of each type of visa category. Just for an example, our corporate and business panel takes care of tier 1 and tier 2 visas and other solicitors handle partner visas and there are specialists who are meant to be handling complex European Immigration law cases. We make sure that your immigration cases and concerns are taken care of by the best top notch immigration solicitors who have the right level of skills and expertise in the area.

Being a highly reputed immigration law firm, our company is backed with the reliable team of knowledgeable and up-to-date experienced immigration solicitors and lawyers handling entry clearance settlement and non settlement cases with zeal and utter efficiency. Feel free to go through our services, information available on the website. When you decide to get in touch with one of the highly experienced immigration solicitors, simply e-mail or call us. The response will be given immediately from our side and we assure to serve you round the clock for none but the best level of responses.

We do have a simple and straightforward process assuring to help our clients and it is been mentioned in below:

  • Once you connect with us via phone web chat or email, we will analyse the case and accordingly will provide you a quote
  • Our immigration solicitors will call you up for consultation that usually last for about an hour. The discussion will let you have the clarity about how we can help you and take a call on this, whether to proceed with availing the services or no.

We are true to our words and believe in taking the full responsibility of helping our clients in any simple, complex or stressful visa or immigration matter. With years of experience and insight of the industry, we cater world class legal immigration services, advice and support in both appeals and applications. We have actually carved recognition in the industry and are highly dedicated of offering the best level of services to all our clientele from all over.

The reasons are many. Our specialists go through each minor detail of your case and will assuredly issue all the engagement letters within 24 hours of time after the consultation. We have a big team of immigration solicitors and experts having vast and deep knowledge of their areas, so feel free to consult or meet any of them and feel the difference. We ensure that according to the demand and need of your issue, you will be provided with the respective time and respect and our experts will provide you the most honest, clear and effective advice as needed. Our stringent quality standards and assurance reflect the dedication and commitment towards work and clarity on the fact that we render none but the world class services at affordable prices.

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