If you’ve had your UK visa or Indefinite Leave to Remain (ILR) application rejected, a Human Rights Application could be your chance to stay in the UK, especially if you have strong ties to the country. These applications can be complicated, so getting advice from an experienced immigration lawyer is essential.
In many cases, applicants who have overstayed or entered the UK illegally can use Article 8 of the European Convention on Human Rights to appeal a decision. However, UK Visas and Immigration (UKVI) often interprets Human Rights claims narrowly, so it’s crucial to present a strong case with the right documentation.
What Is a Human Rights Application in UK Immigration?
UK Visas and Immigration (UKVI), part of the UK government, must follow human rights laws when making immigration decisions. If you believe your human rights have been violated—such as your right to family life or privacy—you can challenge the decision in court. This process is called Judicial Review, and it allows you to ask a judge to reconsider the UKVI’s decision.
Article 8 of the European Convention on Human Rights protects the right to family and private life. In immigration cases, applicants often use Article 8 to argue they have strong family ties in the UK, and leaving the country would harm those relationships. This right is not absolute, but the UK government must balance it with immigration control laws.
Who Can Apply for Human Rights Grounds?
Since 2015, Human Rights Applications have been the primary way for applicants to appeal a visa or leave to remain refusal. This can apply to people who:
- Have overstayed their visa.
- Entered the UK illegally.
- Have built a life in the UK and have strong family or private life connections.
Understanding Article 8: Right to Family and Private Life
Article 8 says everyone has the right to respect for their private and family life. This includes the right to live with family members and to not be separated from them without a good reason.
However, this right is not absolute. Governments can interfere with this right for reasons such as national security, public safety, or preventing crime, but only if the interference is necessary and lawful.
To successfully argue a case under Article 8, you must show that leaving the UK would significantly impact your private or family life.
When Can You Apply Under Article 8?
Here are some situations where you might be able to apply to stay in the UK under Article 8:
- Living in the UK for 20+ years: If you have lived in the UK, either legally or illegally, for over 20 years, you can apply for permission to stay for another 30 months.
- Children under 18: If you are a child who has lived in the UK for 7 continuous years, you may have the right to stay.
- Young Adults (18-25): If you’ve lived in the UK for at least half of your life, you could be eligible to apply for leave to remain.
- Significant Obstacles: In some rare cases, if you’ve lived in the UK for less than 20 years but can prove that leaving would cause very significant difficulties in your home country, you may be able to apply under Article 8.
You can also apply if you are the partner of a British citizen or someone settled in the UK. You must prove that separating would cause significant hardship for your family.
How to Improve Your Chances of Success
A Human Rights Application requires careful planning and preparation. It’s important to present all necessary documents and explain how leaving the UK would harm your family life or private life.
- Provide Proof of Your Family Life: This includes marriage certificates, photos, messages, and any documents showing your ties to the UK.
- Show Evidence of Integration: If you’ve lived in the UK for many years, you can also show that you have integrated into society through work, community involvement, or education.
Given the complexity of these cases, it’s strongly recommended to seek legal help to ensure that your application is prepared correctly and has the best chance of success.
Human Rights Applications can be a lifeline for individuals facing visa refusals. However, the process can be difficult and requires detailed evidence to show why your human rights have been violated. If you’re unsure whether you qualify or need help with your application, Law and Visas can provide expert legal advice to guide you through the process.
Our experienced immigration lawyers have helped many clients successfully navigate Human Rights applications, increasing their chances of staying in the UK. If you need assistance with your human rights application, don’t hesitate to contact us.
