Excellum Legal Solicitors

Immigration & Asylum | Immigration Appeals | Detention And Deportaion | Judicial Review | Administrative Removal | Personal Injury Claims | Medical Negligence Claims | Debt Recovery | Commercial Litigation | Wills & Probate | Lease Drafting Services | Landlord & Tenant Disputes

Human Rights Application

To remain in the United Kingdom, you may be eligible to submit an application for Leave to Remain based on your Human Rights.

Overview

Those looking to remain in the UK longer can consider applying for leave of stay on Human Rights grounds. This can be accomplished through two types of rights outlined by Article 8 of the European Convention on Human Rights (ECHR), namely, Family Life and Private Life.

In July 2012, the Immigration Rules were updated to include aspects of Human Rights claims. This ensures that all citizens have basic protection under the law.

 When seeking a Ten-year route to settlement, applications must meet certain conditions for both the Private and Family life stages. If all these criteria are met, the application will generally be successful. See the list below for more information pertaining to Human Rights Applications under Family and Private Life.

According to the UK’s immigration rules, it is permissible to remain in the country if it is necessary to protect your right to a private life as per Article 8. This could include if:

  • You have resided in the UK for 20 years without any interruption; or
  • If you’ve been living in the UK for less than 20 years, Moving to another country can be tricky as lifestyle adjustments and different cultural norms must be considered. This can be incredibly daunting when leaving the UK, as one has grown accustomed to a particular way of life. This may pose several challenges when trying to integrate into a new country; or
  • If you are under 18 years of age and have been living in the UK for at least 7 years, then it’s not reasonable to expect you to leave the country; or
  • If you are between the ages of 18 and 25 years old and have spent at least half of your life living in the UK continuously, you may qualify for Human Rights Application.
  1. The UK Immigration Rules provide a way for individuals to remain in the UK if they can prove that there is an infringement on their Article 8 right to family life. This might include, for example, cases where:

    • If you are a parent or guardian of a minor aged 18 or under in the UK, and you have parental responsibilities.

    For the last seven years, excluding any period of imprisonment, they have resided in the UK.

    • It would be highly impractical for the child to depart the UK.
    • You have a strong and genuine bond with my partner, who resides in the United Kingdom.
    • It is challenging to maintain a family life outside of the UK, posing many challenges.

Why Choose Excellum Legal Solicitors

At Excellum Legal, our Immigration Lawyers have years of experience in putting together Human Rights applications that bring successful results. This process requires immense planning and attention to detail, something we are well-versed in delivering.

Initially, we will review your application and assess your chances of success. If it is found to be strong, our expert team will start working on preparing the application with utmost care and precision to give you the best shot at succeeding.

Contact us immediately if you believe you have a Human Rights matter, and we’ll help you in the best way possible. Let’s talk now and get started!