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
