Human Rights applications and the UK Immigration Law

UK immigration application and any appeal are directly governed by the UK Immigration law and immigration rules. However there are exceptions when family members and dependents are concerned, in which case Human Right Acts comes into picture.

Human Right Act 1998 was introduced as a mechanism to incorporate rights and liberties by the European Convention on Human Rights in Domestic law. From the perspective of immigration, Article 8 is of significant importance compared to all other Articles including Articles 2 and 3 which talks about the right to life and the right not to be subjected to inhuman or degrading treatment. Article 8 of the Convention rights attempts to address the growing number of issues and protect range of interest which does not fit into other Convention categories.

Article 8 of the Convention rights touches base with:

  • Private life
  • Home
  • Family
  • Correspondence

Significance of Article 8 in immigration

Prior to introduction of Article 8, if you do not have clear visa right to stay, but have a British partner or children, you were permissible to make discretionary leave to stay in the UK without the need to rely on Human Rights law. If successful you would be granted 3 years leave to remain in UK. If you had been staying in UK illegally, you could apply for long residence after 14 years and would be granted indefinite leave to remain. Things have changed entirely now and you are no longer permitted to apply under these provisions, except for some very exceptional reasons.

Article 8 and immigration rule

Since July 2012, the procedure for making an application to remain in the UK has changed on the basis of Article 8. Article 8 has been incorporated into UK Immigration Rules and so an application can be made now by a person without immigration status in the UK, provided they have British or settled partner or British children or children who are not British but have lived in the UK continuously for the period of 7 years or more.

Possible drawback

If you are successful under the Human Right Act provisions, you will not be eligible for settlement until after 10 years. It is best that you should leave the UK and apply from overseas to re-enter the UK through proper route as a spouse or a partner. This will make you eligible for settlement after 5 years.

4 comments on “Human Rights applications and the UK Immigration Law
  1. Another law I didn’t know existed. Lawyers know the ins and outs of the laws and know what to do. Trying to do stuff like this on your own will cost you years of research and trial and error.

  2. The whole topic just makes my head spin. There’s always exceptions and crazy wording that I have to read it over and over before it makes sense.

  3. I didn’t realize that people were living illegally for 14 years in the UK. I guess it’s been a lot in order to HD e. LAw about it.

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