Human Rights or Private Life in the UK
Family life’ includes aspects of life which link family members sufficiently closely as to bring them within the Article 8 protection. Article 8 applications are commonly known as applications made under the human rights. Spouse/ unmarried partner relationships, parent-child relationships, inter-sibling relationships and other family relationships such as adult dependent relatives fall under the category where the human rights are most likely to be engaged.
Human Rights Applications in the UK can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements before you apply. You will need to complete the relevant forms and collate your evidence for submission to the Home Office. This will need to be extensive and prove that your conduct, relationship and residence has been such that your rights under Article 8 of ECHR are engaged.
When can you make an application on the basis of human rights or private life:
The following applications can be made under Article 8 and the right to private life:
- If you have lived in the UK for 20 years or more, either lawfully or unlawfully, you can apply for permission to stay in the UK for 30 months under paragraph 276ADE of the Immigration Rules
- If you are a child, who has lived in the UK for seven years continuously as long as you are 18 years or under
- If you are aged between 18 and 25 years and have spent at least half your life continuously living in the UK.
- If you are over 18 years and have lived continuously in the UK for less than 20 years but can prove there would be very significant obstacles to your integration into your previous country of residence where you would have to go if required to leave the UK
- Medical cases: Where a person’s medical condition is so serious that the European Convention on Human Rights (ECHR), art 3 will be breached were they to be returned to their country of origin
- Other breaches of ECHR: This applies to asylum and non-asylum cases. It may be that you are not eligible for a grant of humanitarian protection but where your return would result in a flagrant denial of the right in question in your country of origin
- Exceptional circumstances
- Modern Slavery cases (including trafficking)
- Unaccompanied asylum-seeking children
What is Article 8 of the European Convention on Human Rights (ECHR)
Article 8 – Right to respect for private and family life provides that:
- Everyone has the right to respect for his private and family life, his home and his correspondence
- 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.
Article 8 is a qualified right. Interference with the right to respect for family or private life (or any other Article 8 right) is permitted to the state so long as this is ‘in accordance with the law’, and is ‘necessary in a democratic society for one or more of the public interest considerations cited in Article 8(2).
Why Choose Aaryan Solicitors?
Expert Immigration team: Aaryan Solicitors has a team of expert UK immigration and family visa solicitors who can provide you legal advice and assistance with your UK leave to remain application on the basis of your human rights or private life in the UK. Headed by partner Vikramjit Singh, an acknowledged immigration law specialist and champion of those whose status here is challenged., we have a track record of successfully pushing through applications efficiently and cost-effectively. Contact us for case assessment, eligibility requirements and supporting documents.
Competitive Prices: We offer a competitive price service without compromising on our service. Our reputation outshines other, larger immigration law firms in London and across the country.
Priority and super priority visa service: : Our Immigration Services include specialist 24-hour visa service with UKVI, Home Office, UK Passport Office or UKVCAS. We can prepare and submit your application to the UKVCAS service point by accompanying you and get a decision within 24 hours on your application by guiding you at each step from enrolment of your biometrics to liaising with the Home Office Immigration Caseworker in achieving the desired result in one day. We can arrange an appointment for earliest available date which will be within 6 weeks from the time you instruct us. We also provide assistance with the Home Office priority and super priority service to obtain a decision on your application in matter of few days for the applications submitted from outside the United Kingdom.
Flexible payment options: We understand that immigration complications often arise without notice which could become difficult in present economic climate therefore we provide flexible payment options. You may pay the agreed fees in instalments each month benefiting your needs, which will be agreed in advance.
Excellent Success Rate: : Every application we prepare is tailor-made and thoroughly researched. As a result, our success rate is high. We pride in our highest standard of service as a result of which most of our clients return to us for their other legal matters.
Out of office hour unique service: We provide clients focused service keeping in consideration busy working lifestyle therefore out of office telephone and/or in person appointments are available, subject to prior bookings, from 6.00 pm to 8.30 pm weekdays, and on weekends and bank holidays.
To apply for UK leave to remain application on the basis of your human rights or private life in the UK, get in touch with Aaryan Solicitors for professional, no-obligation advice.