It is unlawful under the Human Rights Act 1998 for any public authority, including the Home Office (UK Visas & Immigration) and its immigration officers to act in a way that is inconsistent with the rights set out within the European Convention on Human Rights (ECHR).

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ECHR extends to every person within the United Kingdom and to those under the authority and control of the UK immigration authorities with full protection. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law.

 

An applicant can apply for further leave to remain in the UK on the basis of an established life in the UK. Human Rights claim can be claimed by way of submitting applications to Home Office with supporting documents on the basis of right to family life and/or private life in the UK if it can be proved that the applicant has spent at least majority of his life living continuously in the UK.

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The family (as a partner and child), private life and other exceptional circumstances are covered under Article 3 (prohibition on torture and inhuman or degrading treatment or punishment) or Article 8 (right to respect for private and family life) of the European Convention on Human Rights (ECHR), which is part of UK law through the Human Rights Act 1988. This right continues to be in force even after the Brexit.

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Application made under Human Rights will be considered by the Secretary of State for Home Department (SSHD) and if need arises the SSHD will exercise discretion to grant leave outside the Immigration Rules based on compelling compassionate grounds.

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We have extensive experience in handling all immigration matters. To discuss about your Human Rights Claims – ARTICLE 3 & 8 application with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.