HUMAN RIGHT CLAIMS

In limited circumstances, the human right claim can be used for example, if you do not have valid leave to remain in the UK, you can apply to remain in the UK on the basis of your private and family life here or some other  exceptional and compelling circumstances, such as you become seriously ill whilst in the UK and needs to complete medical treatment. Human right claims can be made on the basis of family life or private life.

Family life claims can be made, if you are the spouse of a British or settled person or the parent of British or settled children, you may be able to argue that your removal from the UK would be a disproportionate interference with the family life that you have established.

Private life claims can be argued if:

• you have been in the UK for over 20 years
• you are a child under 18, have lived here for at least 7 years and it would not be reasonable to expect you to leave
• you are a young person aged 18-25 who has lived in the UK for at least half of their life
• you are over 18, have spent less than 20 years in the UK, but there would be significant obstacles to reintegration to the country you would be removed to

If you are fulfilling the above criteria, we can work with you to create a picture of your life in the UK, collating documents showing your length of stay, the nature of your connections to the UK and the impact on your loved ones of removal. If these rights have not previously been considered by the Home Office, you can usually expect a right of appeal should you be refused. Successful applicants are given 30 months of leave to remain on a 10-year route to settlement.

As above, we can work with you to get evidence of these facts and make an application to the Home Office. For expert advice on this matter and how it applies to your individual circumstances, please contact us on 0161 465 1814 or complete our enquiry form and we will contact you.