Article 8 of the ECHR
Under the Human Rights Act 1998 it is unlawful for the Home Office and it’s immigration officers to act in a way that is inconsistent with the rights set out within the European Convention on Human Rights.
The protection of the European Convention on Human Rights extends to every person within the United Kingdom and also to those under the authority and control of the UK immigration authorities. This means that if you are in the UK as an over stayer or if you have entered illegally, you may be able to regularise your status if you are able to establish that Article 8 of the European Convention on Human Rights is engaged.
You may be eligible to submit an application to the Home Office based on your established right to both private and family life in the UK. There are various applications that you can be submitted to the Home Office under Article 8 of European Convention of Human rights on the basis of one’s private and family life in the UK, as below:
- If you are an individual who has established a family life with a Partner who is a British national or with a person who is settled in the UK
- If you are an individual who has parental relationship with a British child who is under the age of 18
- If you are an individual who has parental relationship with a child who has been resident in the UK for 7 years continuously
- If you are an individual who has been resident in the UK for 20 years or over
- If you are an individual who is over 18, under 25 and has lived half of his life in the UK Continuously
- If you are an individual who has grounds to submit an application outside the Immigration rules for Leave to Remain on the basis of your compelling and compassionate grounds.
Do any of the above circumstances apply to you? If yes then contact our expert and friendly Immigration team at Gowing Law Solicitors, we are able to assist over stayers and illegal entrants to regularise their status in the UK with an excellent track record.
Appealing a Refusal on a Human Rights Application
Anyone subject to an eligible immigration decision also has the right to appeal to the Immigration Tribunal on the ground that the decision breaches their human Rights.
Our Immigration team are experts in preparing and presenting Human rights appeals before the First Tier Tribunal, the Upper tribunal and the higher courts. We can advise you on the potential grounds of appeal, assist you with lodging an appeal and helping you to gather the relevant evidence for your appeal. We can also draft legal arguments in support of your appeal and represent you at the hearing. Contact Gowing Law Solicitors today.
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