Human Rights applications

Human rights applications can be complex and often involve detailed consideration of an individual's personal circumstances, family relationships, length of residence in the UK and the potential consequences of being required to leave the country.

Our experienced immigration specialists will carefully assess your circumstances, immigration history and family and private life in the UK to determine whether there may be a legal basis for a human rights claim. We will advise you on the most appropriate route and the evidence required to support your application.

Expert legal representation for Human Rights applications

Human rights applications may arise in a number of circumstances. Depending on your individual circumstances, this may include claims based on:

• family life with a spouse or partner in the UK
• family life with children in the UK
• private life established through residence in the UK
• long residence and connections to the UK
• circumstances involving children who have lived in the UK
• significant obstacles to integration in the country to which you may be required to return
• exceptional circumstances affecting you or your family
• circumstances where removal from the UK may result in unjustifiably harsh consequences

The Immigration Rules contain specific provisions dealing with family life and private life, including applications under Appendix FM and Appendix Private Life. Where an applicant does not meet all of the requirements of the relevant rules, the Home Office may also need to consider whether refusal would breach Article 8 of the European Convention on Human Rights in the particular circumstances of the case.

Our solicitors will assess your circumstances as a whole and consider the relevant legal framework before advising you on the strongest basis for your application.

Family life and Article 8 applications

Article 8 protects the right to respect for private and family life, subject to the qualifications and public interest considerations recognised in law.

Family life applications can arise where an individual has a spouse, partner, child or other qualifying family relationship in the UK. The circumstances of each family are different, and the strength of an application will depend on the evidence available and the particular facts of the case.

Where appropriate, we can assist with applications involving family members who are British citizens or settled in the UK, as well as applications involving individuals with qualifying immigration status in the UK.

We will carefully consider the nature of your family relationships, the dependency involved, the circumstances of any children and the potential impact that separation would have on you and your family.

Private life applications

Individuals who have established a significant private life in the UK may, depending on their circumstances, be able to apply for permission to remain on the basis of their private life.

The private life route has specific requirements under the Immigration Rules, including provisions relating to residence in the UK, children and circumstances where there would be very significant obstacles to integration in the country to which the applicant would have to go. The route can also provide a basis for settlement where the relevant requirements are met.

Our immigration solicitors can assess your period of residence, personal circumstances, connections to the UK and circumstances in your country of nationality or previous residence to determine whether a private life application may be appropriate.

Children and human rights applications

The circumstances of children can be particularly important when considering a human rights claim.

Where a child has established family or private life in the UK, our solicitors will carefully consider the child's circumstances and the potential impact of a decision requiring the family to leave the UK or separating family members.

We will advise you on the evidence that may be relevant, including evidence of the child's residence, education, relationships, family circumstances and other factors relevant to the assessment of the application.

Applications where the Immigration Rules are not met

Not every applicant will satisfy all of the requirements of the relevant Immigration Rules. However, depending on the circumstances, this does not necessarily mean that there is no possible human rights claim.

Where an applicant cannot meet the requirements of the relevant family or private life route, our solicitors can consider whether there are exceptional circumstances or other factors that mean refusal would result in a breach of Article 8.

The Home Office guidance recognises that family and private life applications require consideration of Article 8 and the relevant public interest considerations.

We will identify the relevant legal issues, prepare detailed representations where appropriate and ensure that the evidence supporting your circumstances is clearly presented.

Human rights refusals, appeals and Judicial Review

If your human rights application has been refused, our immigration solicitors can carefully review the Home Office decision and advise you on the options available.

Depending on the circumstances of your case, this may include bringing an immigration appeal, making further submissions, preparing a fresh application, requesting an administrative review where available or considering pre-action protocol correspondence and judicial review where there are arguable public law grounds.

Where an appeal is available, we can provide representation throughout the Tribunal process, including preparing grounds of appeal, witness statements, supporting evidence and detailed legal representations.

Where the Home Office may have failed to properly consider relevant evidence, misunderstood your circumstances or applied the law incorrectly, we can advise you on whether there may be grounds for a further legal challenge.

Complex human rights cases

Human rights applications can involve complex interactions between the Immigration Rules, human rights legislation and the individual circumstances of the applicant.

Our solicitors, lawyers and barristers have extensive experience dealing with complex UK immigration matters and can provide strategic legal representation tailored to the particular circumstances of your case.

We will carefully assess your immigration history, family and private life, the evidence available and the potential consequences of refusal before advising you on the appropriate legal route.

We understand that a human rights application can involve matters of fundamental importance to you and your family. Our role is to ensure that your circumstances are properly considered and that the strongest available legal arguments and evidence are presented to the Home Office or Tribunal.

Our fees are agreed with you from the outset, giving you clarity over the cost of your legal representation. We also offer a free, no-obligation initial assessment so that you can discuss your circumstances with our immigration specialists and understand your options before deciding how to proceed.

Speak to one of our UK Immigration Specialists today.

Call us on 0203 150 2122 for your free initial assessment or complete our contact form and a member of our team will be in touch.