Article 8 Family Life Cases
Article 8 Family & Private Life or Human Rights applications are often a final opportunity to remain in the UK.
Awards and Accreditations
At Sterling Immigration our expert team have a wealth of experience preparing applications for clients who have human rights claims on family and private life grounds. By instructing us, you can be confident that your application will be managed with high professionalism and due attention to detail.
Article 8 Human Rights Claims
According to Article 8, individuals have a right to a private and family life that is free from state interference. As such, Article 8 applications may help keep families together, and prevent them from deprivation of private life.
Human rights applications based on family life in the UK
If you have a partner and/or child in the UK, your right to respect for your family life may be breached if a decision means that you would be separated from your family. It may also be breached if you have resided in the UK for a long period of time and established substantial ties here.
The Home Office must have regard to the best interests of the child when exercising its immigration functions.
Under the Immigration Rules, you may be granted leave to remain in the UK in order to protect your Article 8 right to family life where:
- You have a parental relationship with a child under the age of 18 who is in the UK, or has lived in the UK for the past 7 years, and it would not be reasonable to expect the child to leave the UK; or
- You have a genuine relationship with a partner who is settled in the UK and there are insurmountable obstacles (i.e. very significant difficulties) to family life continuing outside the UK.
Human rights applications based on private life in the UK
Under the Immigration Rules, leave to remain may be granted in order to protect your Article 8 right to private life if:
- You have lived in the UK continuously for 20 years; or
- You have lived in the UK for less than 20 years but there would be very significant obstacles to your integration into the country to which you would have to go if required to leave the UK; or
- You are under the age of 18 and have lived continuously in the UK for at least 7 years and it would not be reasonable to expect you to leave the UK; or
- You are aged over 18 and under 25 and have spent at least half of your life living continuously in the UK.
Human rights applications outside the Immigration Rules
If your circumstances do not meet the requirements of the Immigration Rules, but there are compelling factors that mean that a decision to remove you would amount to a disproportionate interference to your family or private life, it may be possible to apply for leave to remain on Article 8 grounds outside the Rules.
Human Rights and PBS Applications
Where applicable it is advisable to identify and incorporate human rights arguments into a points-based visa application so that any negative decision can then attract a right of appeal. By identifying any human rights claim at the outset, you will be able to challenge a points-based visa refusal in a more cost-effective way than bringing a judicial review.
Our immigration lawyers have extensive experience preparing high quality persuasive human rights-based applications and successfully appealing against decisions of the Home Office on human rights grounds.
Our lawyers are experts on the immigration options for individuals seeking to remain in the UK on human rights grounds and will guide you through the complex Home Office rules, policies and case-law.
We always offer honest and easy-to-understand advice, and we care deeply about our client’s situations. To this end, we provide sensitive, compassionate legal advice and representation; always ensuring you are kept fully informed of any development in your matter.
For further information, please schedule a consultation.