Overview of the Article 8 Applications
Article 8 of the European Convention on Human Rights protects the right to respect for private and family life, subject to the conditions and limitations recognised by law.
In UK immigration cases, Article 8 can be relevant where a person’s family or private life has been established in the UK and they may face removal or refusal of permission to remain.
Article 8 does not provide an automatic right to remain in the UK. Applications are considered under the relevant Immigration Rules and, where necessary, the wider human rights framework.
At SWM Solicitors, our immigration solicitors advise on Article 8 applications involving family life, private life and exceptional circumstances.
What Is an Article 8 Application?
Article 8 applications generally involve either:
- Family life; or
- Private life.
The Immigration Rules contain specific routes for both.
Appendix FM deals with certain family life applications, while Appendix Private Life provides a route for individuals relying on private life in the UK.
Family Life Under Article 8
Family life applications can involve relationships with a partner, spouse, child or parent.
The relevant rules depend on the applicant’s circumstances and the immigration status of the family member in the UK.
For example, Appendix FM covers certain family applications involving British citizens, settled persons and people with specified forms of protection or immigration status.
The existence of a family relationship alone does not necessarily mean that an application will succeed. The applicant must meet the relevant requirements or establish that refusal would breach Article 8 in the circumstances.
Private Life Under Article 8
Private life can include the relationships, connections and life that a person has developed while living in the UK.
Appendix Private Life currently contains specific requirements for people who have developed private life in the UK. These include provisions for certain children, young adults, people with 20 years’ continuous residence and adults who would face very significant obstacles to integration in the country of return.
Children and Article 8
Children can be an important consideration in Article 8 applications.
The Home Office may need to consider matters such as:
- The child’s age
- Length of residence in the UK
- Education
- Family relationships
- Health
- The child’s best interests
- The consequences of leaving the UK
The precise legal test will depend on the application route and circumstances.
Exceptional Circumstances
Where an application does not meet the standard Immigration Rules, the decision-maker may consider whether there are exceptional circumstances that would make refusal a breach of Article 8.
The current Appendix FM framework provides for consideration of whether refusal would result in unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member whose Article 8 rights are affected.
This assessment is fact-specific and requires detailed evidence.
Evidence for Article 8 Applications
Evidence should demonstrate the nature and strength of the family or private life relied upon.
Depending on the circumstances, this may include:
- Marriage or civil partnership documents
- Birth certificates
- Evidence of cohabitation
- Photographs and correspondence
- Evidence of parental responsibility
- School records
- Medical evidence
- Evidence of long residence
- Evidence of employment or community connections
- Statements from family members
- Evidence concerning circumstances in the country of return
The evidence should be relevant to the particular Article 8 issues being raised.
Article 8 and Removal
Article 8 may become particularly important where a person is facing removal or deportation.
The Home Office must consider the relevant human rights issues under the applicable legal framework.
The circumstances can be especially complex where there are children, established family relationships or significant private life in the UK.
Article 8 and Asylum Claims
Article 8 issues can sometimes arise alongside protection claims.
Current Home Office guidance confirms that family and private life issues can be considered alongside asylum or humanitarian protection matters under the relevant Immigration Rules.
The appropriate route depends on the circumstances and the stage of the immigration process.
If an Article 8 Application Is Refused
A refusal should be reviewed carefully to understand whether the Home Office correctly considered the relevant facts and legal requirements.
Depending on the type of decision, an appeal or another form of challenge may be available.
How We Can Help
SWM Solicitors can advise on Article 8 applications involving:
- Family life
- Private life
- Children
- Long residence
- Exceptional circumstances
- Removal cases
- Asylum and protection matters
- Human rights appeals
We can review your immigration history and personal circumstances, identify the relevant Article 8 issues and advise on the evidence needed to support your application.