Overview of the Human Rights Applications
A human rights application may provide a basis for remaining in the UK where removing a person would interfere with rights protected by the European Convention on Human Rights.
In immigration cases, human rights claims can involve family life, private life or other Convention rights depending on the circumstances. The Immigration Rules provide specific routes for certain family and private life applications, including Appendix FM and Appendix Private Life.
At SWM Solicitors, we advise individuals who may have human rights grounds for remaining in the UK. Our immigration solicitors can assess your circumstances and identify the appropriate route for your claim.
What Is a Human Rights Application?
A human rights application is not a single immigration route.
The appropriate application depends on the right being relied upon and the applicant’s circumstances.
Human rights issues may arise in cases involving:
- Family relationships in the UK
- Children
- Private life developed in the UK
- Long residence
- Medical or other exceptional circumstances
- Removal or deportation
The relevant Immigration Rules should be considered alongside the individual circumstances.
Article 8 and Family Life
Article 8 protects the right to respect for private and family life, subject to lawful limitations in appropriate circumstances.
Family life claims can involve relationships with:
- Spouses or partners
- Children
- Parents
- Other family members in appropriate circumstances
Appendix FM provides immigration routes based on family life with qualifying family members, including British citizens and people who are settled or hold certain forms of immigration or protection status.
Private Life in the UK
A person may also have a human rights claim based on their private life in the UK.
Appendix Private Life provides a route for certain people who have developed a private life in the UK and meet the relevant requirements.
For example, the current rules contain provisions relating to children who have lived in the UK continuously for at least seven years, young adults who have spent more than half their lives in the UK, people who have lived in the UK for 20 years, and certain individuals who would face very significant obstacles to integrating into the country to which they would have to go.
Exceptional Circumstances
Not every case will meet the standard requirements of an immigration route.
Where an application does not meet the relevant Immigration Rules, the decision-maker may need to consider whether there are exceptional circumstances such that refusal would result in unjustifiably harsh consequences and breach Article 8.
The assessment is highly dependent on the facts of the individual case.
Human Rights and Children
The circumstances of children can be particularly important in human rights applications.
Relevant considerations may include:
- The child’s age
- How long the child has lived in the UK
- The child’s relationship with family members
- Education
- Health
- The child’s circumstances if required to leave the UK
The relevant legal requirements should be considered carefully rather than assuming that having a child in the UK automatically creates a right to remain.
Evidence for a Human Rights Application
Evidence will depend on the type of claim.
This may include:
- Birth certificates
- Marriage or civil partnership documents
- Evidence of relationships
- Children’s school records
- Medical evidence
- Evidence of residence
- Evidence of financial circumstances
- Evidence of family dependency
- Statements from family members
- Evidence concerning conditions in the country of return
A strong application should explain how the evidence supports the particular legal requirements being relied upon.
Human Rights Claims During Other Immigration Proceedings
Human rights issues can sometimes arise alongside asylum claims, appeals or removal proceedings.
Current Home Office guidance confirms that Article 8 claims may be considered in connection with asylum claims, further submissions and immigration detention in certain circumstances.
The correct procedure can therefore depend on the applicant’s current immigration position.
If a Human Rights Application Is Refused
A human rights application may be refused where the applicant does not satisfy the relevant Immigration Rules or where the Home Office concludes that removal would not breach the applicable Convention rights.
Depending on the decision, an appeal may be available.
The refusal should be reviewed carefully to establish the reasons for the decision and whether there are grounds to challenge it.
How We Can Help
SWM Solicitors can advise on human rights applications involving:
- Family life
- Private life
- Children
- Article 8 considerations
- Exceptional circumstances
- Long residence
- Removal and human rights issues
- Further submissions
- Human rights appeals
We can review your personal circumstances, immigration history and supporting evidence before advising on the most appropriate legal route.