Human Rights based applications
Under the Human Rights Act 1998 it is unlawful for any public authority, including the Home Office (UK Visas & Immigration), to act in a way that is unbalanced with the rights set out within the European Convention on Human Rights. The protection of the European Convention on Human Rights extends to every person within the United Kingdom, as well as those under the authority and control of the UK immigration authorities. The majority of Human Rights applications will be made on the basis of Article 8 of the Human Rights Act – the section which deals with the right to respect for private and family life. It is designed to cover the vast majority of circumstances in which you could be granted leave to remain. However, there are also provisions for those who do not fit into a specific category and may allow some migrants to apply for leave to remain in the UK in exceptional circumstances.
Private Life in the UK
Under the Immigration Rules, leave to remain may be granted in order to protect your Article 8 right to private life if:
- You have lived in the UK continuously for 20 years; or
- You have lived in the UK for less than 20 years but there would be very significant obstacles to your integration into the country to which you would have to go if required to leave the UK; or
- You are under the age of 18 and have lived continuously in the UK for at least 7 years and it would not be reasonable to expect you to leave the UK; or
- You are aged over 18 and under 25 and have spent at least half of your life living continuously in the UK
Family Life in the UK
Under the Immigration Rules, you may be granted leave to remain in the UK in order to protect your Article 8 right to family life where:
- You have a parental relationship with a child under the age of 18 who is in the UK
- They have lived in the UK for the past seven years (discounting any period of imprisonment)
- It would not be reasonable to expect the child to leave the UK
- You have a genuine relationship with a partner who is settled in the UK
- There are insurmountable obstacles (significant difficulties) to family life continuing outside the UK
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