Human Rights Based Applications
You may be able to apply for leave to remain in the UK based on your right to family and/or private life under Article 8 of the European Convention on Human Rights (ECHR), which is part of UK law through the Human Rights Act.
Family Life in the UK
Under the Immigration Rules, you may be granted leave to remain in the UK in order to protect your right to family life under Article 8 where you:
- Have a parental relationship with a child under the age of 18 who is in the UK, or has lived in the UK for minimum 7 years continuously, and it would not be reasonable to expect the child to leave the UK; or
- Have a genuine relationship with a partner who is settled in the UK and there are very significant difficulties (insurmountable obstacles) to family life continuing outside the UK.
Private Life in the UK
Under the Immigration Rules, leave to remain may be granted in order to protect your right to private life under Article 8 if you:
- Have lived continuously in the UK for at least 20 years; or
- 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
- 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
- Are aged over 18 and under 25 and have spent at least half of your life living continuously in the UK.
Leave outside of Immigration Rules (LOTR):
In cases where the Immigration Rules are not met, and there are no exceptional circumstances that would justify a grant of leave under Article 8 (or medical, asylum or protection grounds), there may be other factors that when taken into account along with the compelling compassionate grounds raised, would warrant a grant of leave outside the rules.
This is called making an application outside the rules based on the fact that removal from the UK will constitute a breach of your human rights. In doing so you request that the Secretary of State (Home Office) exercise discretion in your favour and to grant leave outside the Immigration Rules (LOTR).
Please contact us for further information.
*Please note that all immigration matters are dealt with by Muldoon Britton Immigration Limited (SRA Number: 829759).