Human Rights Application
An individual may claim that he or she will be allowed to remain in the UK, as his removal will be disproportionate and will infringe their human rights. Therefore he/she cannot be expected to return to their country voluntarily.
Article 8 – Family life
You can make an application for leave to remain in the UK on the basis of the family, in circumstances whereby you did not meet the requirements of the Appendix FM or you have overstayed, and have developed strong family relations such as with a spouse, and (or) with child(ren). Therefore your removal from the UK will contravene with your family life under Article 8.
Article 8 – Private life
An individual who has lived in the UK at least 20 years continuously can make an application for leave to remain in the UK on the basis of Article 8 right to respect for private life.
The requirements for leave to remain for private life:-
- Lived in the UK for at least 20 years (period of imprisonment will not be counted)
- Is aged 18 years or above, and under 25 years, and has spent at least half of his life living continuously in the UK
- Is aged 18 years or above has lived continuously in the UK for less than 20 years, but there would be very significant obstacles
- If under the age of 18 and has lived in the UK for at least seven years
If you are suffering from a severe medical condition you can make an application to remain in the UK on human rights medical grounds.
Please contact us in order to assist you if your human rights have been breached. We can assist you by making a representation to the Home Office on your behalf. This representation is discretionary and will be considered outside the UK immigration rules.