Private and Family Life - Human Right Application

We Provide the Best-In-Class Services for Article 8 Family Life Immigration application

Your right to remain in the UK comes under the UK immigration rules. However, you can be granted the Leave to Remain in the UK if you are eligible for a home office human rights application. You can apply for the right to remain in the UK based on a human rights argument – the Article 8 – which supports your right to private and family life in the UK.

Yes UK Immigration is among the top-recommended personal and business UK immigration service provider in the industry. We strive to assist you in your family and private life visa application – so your immigration status gets legit. 

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What is the Human Rights Application UK?

The right to family and private life is known as Article 8 which acts as a basis of a majority of Human Rights Application. It is part of UK law through the Human Rights Act which continues to exist after Brexit. 

It is relatively beneficial to make a human right appeal where applicable because judicial review, in case of immigration refusal, is time-consuming, cumbersome, and expensive. It requires a lot of preparation and court approval to begin the procedure. On the other hand, if you challenge an immigration refusal by appealing on the grounds of a human right claim when you have legitimate human rights claim, you make the process little efficient. It takes less time, is cost-effective, and saves your energy.

If you need immediate help with your family and private life visa UK application, reach out to us at +44 20 3151 9366.

What is the Eligibility to Apply for a Human Rights Application?

The eligibility criteria of the Human Rights Application revolves around Article 3 and Article 8 of the European Convention on Human Rights (ECHR). 

Article 3

According to Article 3, “No one shall be subjected to torture or inhuman or degrading treatment or punishment.” It debars the British government from removing a person from the UK to a country where there is a real risk of the individual suffering from serious harm, including torture, inhuman or degrading treatment, or punishment. 

It involves situation like the following and more – 

  • If the individual is likely to suffer harsh imprisonment, torture, or persecution if they are returned to their home country
  • If the individual has a life-threatening illness and is receiving treatment in the UK which is not available in your home country
  • If the home country of the individual is a war zone and/or suffers from conditions of severe impoverishment

ECHR Article 8 - Right to a Private & Family Life

The European Convention on Human Rights (ECHR) protects the human rights of people who reside within the countries belonging to the Council of Europe, irrespective of their race, religion, nationality, or membership of a particular social group. It has provided a list of separate articles to protect fundamental human rights.

Article 8 applications broadly prevent families to be deprived of private life and help in keeping the family individuals together. According to it, every individual living within the borders of the Council of Europe countries has a right to private and family life.

According to the law

  1. Everyone has the right to respect his private and family life, his home, and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary for a democratic society in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

What are the Criteria for a Valid Claim Under Article 8?

For a valid Article 8 claim, a Family and Private Life includes – 

Close Family Relations 

  • Husband/wife or Civil Partnerships 
  • Unmarried and Same-sex Partners
  • Parent / Child / Adopted Child 

Wider Family Relations

  • Grandparents/ Grandchildren 
  • Uncles / Aunts 
  • Nephews / Nieces
  • Adult Siblings 
  • Parents / Adult Children 
  • Foster Families 

What to Do if My Human Rights Appeal Application is Refused?

Human rights law recognizes Article 8. However, it also identifies the state’s right to exercise immigration control. Hence, your human rights application can be refused. 

Therefore, you should begin the process by taking support from an experienced immigration lawyer. Yes UK Immigration assists you in the process of a family and private life visa from the beginning and verifies your application thoroughly, recognizing the possibility of a human rights appeal throughout the process.

How Can Yes UK Immigration Help You with the Right to Family Life Visa?

We Provide Seamless Client Support

Human rights claims are intricate and complex. We, therefore, offer honest and easy-to-understand advice to our clients to get through the process of UK Visas and Immigration without stress. 

We are Compassionate

Getting UK visa support can become a struggling experience. We understand your situation and deeply care about you and hence, provide sensitive and compassionate legal advice. 

We Break Barriers

Our client support goes far beyond the technicalities of the process and the law. With our motive to assist you in every step of the process, we lead the industry by breaking the traditional norms. 

FAQs

Individuals who can claim the rights to a private and family life in the UK could be – 

  • An overstayer; 
  • An illegal entrant; 
  • An asylum-seeker (or a failed one); 
  • Anyone having no claim under the Immigration Rules or EEA regulations to live and remain here in the UK.

There must be strong grounds for private and family life application as abusing the legal system could bring adverse outcome.  

The criteria needed for relationships between spouses, parent and child, and siblings who live with each other, are direct and the application has a greater scope of acceptance. In the case of wider family relations and relations between adults, the scope of family life depends upon the strength of the emotional ties and dependency. 

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