Human Rights Applications

The Human Rights Act 1998 came into force on 2 October 2000. Essentially it made the European Convention of Human Rights and Fundamental freedoms enforceable in British law. The main Articles used by Immigration Lawyers are Article 8, the right to respect for private and family ties life and Article 3, the prohibition of torture or inhuman or degrading treatment or punishment.

Overstayers, illegal immigrants and failed asylum seekers in the UK can apply for leave to remain in the UK based on their human rights. The main Human Right Article considered for this type of application is Article 8 of the Human Rights

A migrant in the UK without leave to remain can apply to the UK Border Agency to regularise their status by putting forward factors and reasons why they believe discretion should be exercised in their favour and be granted leave to remain in the UK.

The factors the UK Border Agency would look at in considering the application are;

  • Age;
  • Length of residence in the United Kingdom;
  • Strength of connections with the United Kingdom;
  • Personal history, including character, conduct and employment record;
  • Domestic circumstances;
  • Previous criminal record and the nature of any offence of which the person has been convicted;
  • Compassionate circumstances;
  • Any representations received on the person’s behalf;

The more connections an applicant has in the UK, the better their prospects of success with a Human Rights application. A successful applicant would be granted discretionary leave to remain in the UK. Do not hesitate to contact us to assist you in making a Human Rights application or with dealing with a refusal of the same.

Types of Human Rights Applications:

  • Applications based on discretionary and compassionate grounds outside the immigration rules
  • Applications based on medical grounds
  • Applications for Overstayers and Illegal entrants
  • Applications for people who are in detention
  • Applications for people facing removal from the UK

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