Specialised Human Rights Application Solicitors
Many immigrants look to immigrate to the UK to protect their lives. Under the articles of ECHR, the UK provides protection to different individuals depending on their application and circumstances. Article 8 of the European Convention on Human Rights confers the right to private life with family upon every human being.
Human Rights Applications - What You Need to Know?
Any application made under human rights is entertained and considered by the Home Office. Prior to July 2012, such applications were considered on the discretionary policy of the Home Office beyond the immigration rules. Now, any application under article 8 is considered and decided under the UK immigration rules.
People who have lived in the UK for 20 years either continuously either lawfully or illegally can apply for Leave for Residence under the immigration rules. Similarly, a child under the age of 18 who has lived for seven years continuously in the UK.
All human rights applications made under Article 8 of ECHR were considered outside the Immigration Rules by the Home Office in July 2012. The Immigration Rules were changed on 9th July 2012.
If you have established a strong Private and Family life in the UK, you can apply for permission to stay in the UK under Article 8 of the European Convention on Human Rights (ECHR).
The relevant paragraphs of the Immigration Rules for the consideration of such Article 8 claims include paragraph 276ADE to decide the private life factor of the Article 8 claim and Appendix FM to decide the family life of the Article 8 claim.
Child who has lived in the UK for 7 Years
Paragraph 276ADE(1)(iv) requires 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). A child who has lived in the UK for 7 years continuously can apply for leave to remain on the basis of private life.
Someone can also apply for human rights application if they are 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. A person who is over the age of 18 and has lived less than 20 years in the UK but there might be a possibility of significant obstacles to his country of origin. Only the applicant with exceptional circumstances are likely to succeed under this category. If the application is successful, permission to stay will be granted for 30 months under 10 years route to settlement.
Article 8 protects the right to family and private life
Under Article 8, Your private life includes activities like your life with your friends, work or studies, and involvement with your local community or culture.
Your life with other family members is not always considered to amount to family life under Article 8. Under Article 8, family life consists of your contact with members of your family. Your relationships with your wife, husband, civil partner, long-term partner or any children under 18 are considered to be family life under Article 8.
Article 8 claims outside the Rules after it has been considered under the Immigration Rules. In very exceptional cases, it is still possible for an applicant to fail in Article 8 claim under the Immigration Rules but still succeed outside the Immigration Rules due to exceptional compassionate circumstances surrounding the human rights application.
Why use Osbourne Pinner for your Human Rights Applications?
- At Osbourne Pinner, we provide extensive guidance and assistance to our clients looking to submit a human rights application.
- Without making false promises and tall claims, we offer accurate information based on the merits of your situation. Adopting a holistic approach, our solicitors strive to reduce the financial and emotional burden of our clients during the application process.
- By providing direct, concise and accurate advice, Osbourne Pinner help hundreds and thousands of applicants to make an informed decision. We use simple language rather than trying to confuse you with complicated legal jargon so that you can understand your options and make the right choice.
If you would like more information, contact us to speak to one of our Immigration Solicitors on or email us on email@example.com
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