The UK is obliged to protect your human rights when they make decisions which affect you or your loved ones. Unfortunately, the authorities do not always get it right, and their actions could result in a breach of your basic rights. We have an excellent reputation in protecting our clients’ human rights.
Whether you or a loved one are lodging an application to enter or remain in the UK, or are otherwise appealing against a refusal by the Home Office, you may be able to rely on your rights under the ambit of the Human Rights Act. In this section, you will find an overview of the options available.
Human Rights and UK Immigration Laws
According to the Human Rights Act of 1998, it is illegal for any public body, including the Home Office (UK Visas & Immigration) and its immigration officers, to behave in a manner that contradicts the rights outlined in the European Convention on Human Rights (ECHR).
The European Convention on Human Rights safeguards the rights of individuals residing in the United Kingdom, as well as those under the jurisdiction of UK immigration authorities. This ensures that every person within the UK is entitled to the protections afforded by the ECHR.
By adhering to the Human Rights Act 1998, UK immigration authorities are obligated to respect and uphold the fundamental rights enshrined in the ECHR, thereby providing a safeguard for individuals within the immigration system.
For further information on human rights and immigration matters, consult reputable legal resources or seek guidance from qualified immigration professionals.
Understanding Eligibility Requirements for Leave to Remain Based on Human Rights
When considering staying in the United Kingdom, you may qualify for leave to remain if requiring you to depart would violate your human rights. These circumstances enable individuals to apply for permission to continue residing in the UK.
Moreover, anyone affected by an eligible immigration decision holds the right to appeal to the Immigration Tribunal, citing that the decision breaches their human rights.
In the realm of immigration, the European Convention on Human Rights triggers several key provisions. Among these, the most prevalent are:
Article 3: This article prohibits torture, as well as inhuman or degrading treatment or punishment.
Article 8: This article safeguards the right to respect for private and family life.
Understanding these fundamental human rights provisions is crucial when navigating immigration processes and seeking leave to remain in the United Kingdom.
For further guidance on eligibility requirements and human rights considerations in immigration matters, consult reliable legal resources or seek advice from qualified immigration professionals.
Essential Considerations for Making a Human Rights Application
When preparing a human rights application, it’s crucial to understand key provisions, particularly Articles 3 and 8 of the European Convention on Human Rights.
Article 3: This right is absolute and cannot be violated under any circumstances. If returning to your home country poses a genuine risk of mistreatment, such as from government authorities or non-state agents, or if withdrawal of medical care threatens your health due to a severe medical condition, the UK may be obliged to grant you leave to remain.
Article 8: Unlike Article 3, Article 8 is a qualified right. Interference with your private and family life must be disproportionate to constitute a breach. In immigration cases, this right is often weighed against the state’s interests in immigration control and economic stability.
If you have a partner and/or child in the UK, a decision that leads to separation from your family may breach Article 8. Similarly, if you’ve established significant ties to the UK over time, such as through long-term residence, this right may also be violated.
It’s essential to note that the Home Office is obligated to consider the best interests of any children involved when exercising its immigration functions.
Understanding these nuances and considerations is vital for crafting a compelling human rights application.
How Our Immigration Solicitors Can Assist You
Our team of immigration solicitors possesses extensive expertise in crafting top-tier applications based on human rights considerations and effectively challenging Home Office decisions on human rights grounds.
With a wealth of experience, our solicitors excel in navigating the complexities of immigration law, policies, and case precedents, particularly concerning individuals seeking to remain in the UK based on human rights grounds.
We take pride in our approachability and proactive approach to understanding and fulfilling our clients’ requirements. Committed to delivering clear and dependable immigration advice, our dedicated team ensures a professional and amiable service throughout the process.
Whether you’re facing immigration challenges or seeking guidance on human rights applications, our immigration solicitors are here to provide the assistance you need.
For personalized support and reliable immigration advice, reach out to our team today.
Private life applications generally apply to those who are:
- Under 18 and have lived in the UK continuously for at least 7 years
- Between 18 and 24 and have lived in the UK for over half their life
- 18 or over and have lived in the UK for over 20 years
- 18 or over and have lived in the UK for under 20 years but have exceptional circumstances for wishing to remain
Under any of the above routes, the applicant would need to show that they would have difficulties living in the country they would be returned to.
Under the 20-year application, the applicant needs to show unbroken years as the Home Office can and does reject applications in some cases where the applicant’s stay is broken. (Continuous stay in considered to be ‘broken’ where the applicant has spent any period of that 20 years outside the UK). When an application is initially made for this, the applicant can apply for a 30-month stay. This can be renewed up to 28 days prior to the initial expiry of the visa. After 10 years on this visa, the applicant can apply for Indefinite Leave to Remain.
In the case of an under-18-year-old who has lived in the UK for 7 years, the applicant should be aware that the 7 years does not include any prison sentence. A review will be made which takes account of what is believed to be in the best interests of the child, the immigration status of their parents and said parents’ financial circumstances. The Home Office will also assess the present circumstances of the country they are originally from and the medical conditions of the child and the parents. The parents of the child can also apply for up to a 30-month stay along with their child. This can be renewed up to 28 days prior to the initial expiry of the visa. After 10 years on this visa, the applicant can apply for Indefinite Leave to Remain. When the applicant is between 18 and 24 and they have lived over half their life in the UK, they face exactly the same process in terms of visa length, renewal and application for Indefinite Leave to Remain.
The toughest category to apply for, in terms of the private life visa, is the adult who has lived in the UK for less than 20 years as the applicant will need exceptional circumstances to even be considered for this visa. Should the applicant be successful, they will have to undertake the same process of a 30-month visa that can be extended up until the 10-year point when they can then apply for Indefinite Leave to Remain.
Temple Gate Solicitors are specialised in Human Rights applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on +44 (0) 207 183 8043 or send us a message
This type of situation is one where the Secretary of State for the Home Department can step outside the normal rules and criteria for a visa and listen to the individual case. If they believe there is sufficient evidence on the grounds of compassion or compelling circumstances then they can allow an application to go through on this basis.
There are two main routes for this: the first is the 6-year route – strictly speaking this is two periods of 3 years. For the first route, at the end of the first 3 years, a second application can be made and if this is successful, at the end of the second 3-year period the applicant can apply for Indefinite Leave to Remain. For the second route, the 10-year one, like the private life route, each visa will last for 30 months and an application can be made to extend repeatedly up until the10-year point. At this point, the applicant can then apply for Indefinite Leave to Remain.
Temple Gate Solicitors are specialised in Human Rights applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on +44 (0) 207 183 8043 or send us a message
Another way in which an applicant can apply for Indefinite Leave to Remain is based on the length of residency in the UK. The minimum length is 10 lawful and continuous years’ residency in the UK where there is nothing to suggest that Indefinite Leave to Remain would be acting against the public good. This application is dependent on the applicant passing the English language and residency criteria. This continual residency only counts if the applicant has not left the UK for a period of more than 6 months at a time during this period.
Temple Gate Solicitors are specialised in Long Residence applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on +44 (0) 207 183 8043 or send us a message
A stateless person is deemed not to be a national of any state and such individuals are presently looked after by UN organisations. They must have committed no crimes and must not have acted in a way to undermine the ideals of the UN.
They can apply for limited leave to remain in the UK as long as they can provide evidence of their statelessness. Once the initial visa period of 30 months has run out, the applicant is entitled to renew this visa. At the end of 5 years they can apply for Indefinite Leave to Remain. A family member of a stateless person can also be given a 30-month visa which can be extended. Indefinite Leave to Remain can be applied for at the end of the 5-year process.
Temple Gate Solicitors are specialised in Stateless Person applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on +44 (0) 207 183 8043 or send us a message
At 9am on 1 December 2020 ‘Appendix English Language’ will take effect. Any application made before this date will be subject to the old rules. Unlike the first Appendix English Language, which applied only to the Appendix Student route, new Appendix applications will apply to the following routes:
- Appendix Student
- Appendix Skilled Worker
- Appendix Representatives of an Overseas Business
- Appendix T2 Minister of Religion
- Appendix T2 Sportsperson
- Appendix UK Ancestry
- Appendix Global Talent
- Appendix Start-up
- Appendix Innovator
- Appendix Innovator
- Appendix T5 (Temporary Worker) International Agreement Worker
- Appendix Hong Kong British National (Overseas)
- Appendix ECAA Extension of Stay
The existing rules will still apply to applications under any other route. Therefore, if you are not applying in one of the above categories, or are applying before 1 December 2020, you can disregard the new Appendix English Language. For everyone else, here is a brief overview of the new rules.
Exemptions
Applicants making a settlement application – but not entry clearance or leave to remain – are exempt from the English requirement if at the date of application they are aged 65 or over, under 18, or if they have a physical or mental disability preventing them from meeting this requirement. It is assumed that anyone relying on the latter provision will be expected to provide strong medical evidence.
Majority English Country
If an applicant is a national of a designated English-language country they are considered to have met the English language requirement. Malta has recently been added to the list, the addition of which applies across all categories in the Immigration Rules.
The list is as follows:
- Antigua and Barbuda
- Australia
- The Bahamas
- Barbados
- Belize
- Canada
- Dominica
- Grenada
- Guyana
- Jamaica
- New Zealand
- St Kitts and Nevis
- St Lucia
- Trinidad and Tobago
- St Vincent and the Grenadines
- The United States of America
- Malta
- Ireland
Academic Qualification
Applicants are considered to have met the English Language requirement by having a degree from:
- A UK university;
- A university in a designated English-majority country (except Canada) with evidence of equivalence from NARIC; or
- A university in any other country that was taught in English with evidence of equivalence from NARIC as well as evidence that the degree was taught in English from NARIC.
English Language Test
English language tests can only be taken with one of the following providers:
- IELTS SELT Consortium (UK or overseas)
- LanguageCert (UK or overseas)
- Trinity College London (UK only)
- Pearson (UK and overseas)
- PSI Services (UK) Ltd (overseas only)
GCSE or A Level English
Previously, you may have achieved an A* in English at A level but were still expected to take an approved English Language Test.
As long as they were under 18 and at school at the time, and the qualification was awarded by an Ofqual, SQA, Qualification Wales or CCEA awarding body, from December applicants applying under Appendix Student, Appendix Skilled Worker, Appendix Start-up and Appendix Innovator can meet the requirement if they have one of the following qualifications in English (language or literature):
- GCSE
- A Level
- Scottish National Qualification at Level 4 or 5
- Scottish Higher or Advanced Higher
If you face persecution in your home country and cannot return due to this risk, you may qualify for refugee status in the UK. In such cases, you should apply for asylum to seek protection.
Refugee protection in the UK is governed by the 1951 Refugee Convention, which is also incorporated into UK law. Under this convention, UK authorities are obligated to prevent ‘refoulement’ – the forcible return of individuals to countries where they face persecution.
By claiming asylum, you assert your right to protection under the Refugee Convention, ensuring that you receive the necessary support and legal status to remain in the UK.
Main Eligibility Requirements for Asylum or Refugee Protection
To qualify for asylum or refugee protection, certain eligibility criteria must be met:
Location: You must be outside your country of origin, or if stateless, the country where you typically reside.
Fear of Persecution: You must have a well-founded fear of persecution based on factors such as race, religion, nationality, political opinion, or membership in a particular social group. This persecution must be due to the social, cultural, religious, or political situation in your country. Examples include persecution based on gender, gender identity, or sexual orientation.
Inability to Obtain Protection: You must be unable or unwilling to seek protection from authorities in your country.
Lack of Safe Areas: There should be no part of your country where you can safely live without risking persecution.
Before evaluating your eligibility, UK authorities will determine if they are responsible for assessing your claim. They may find themselves not responsible if:
Another country has already recognized you as a refugee or provided protection against ‘refoulement.’
There’s another safe country where you can seek protection, especially if you have a prior connection there, such as having previously claimed asylum in another EU country or having family members residing there.
Essential Information on Asylum or Refugee Protection
In situations where you do not meet the criteria for refugee status but face a genuine risk of death or serious harm upon returning to your country, you may be eligible for humanitarian protection.
If you are granted refugee status or humanitarian protection, you’ll receive a residence permit valid for five years, with the option for renewal. Additionally, if your partner or children under 18 applied as dependents alongside you, they will also receive a residence permit. Following the initial five-year period, you can renew the residence permit or apply for settlement.
Individuals granted refugee status or humanitarian protection have the same rights as settled individuals, including rights to work, education, healthcare, and benefits. Moreover, you can apply for a travel document, allowing you to travel abroad if desired.
How Our Immigration Solicitors Can Assist You
Our team of immigration solicitors boasts extensive expertise in preparing and submitting top-tier asylum applications and delivering expert legal representation in appeals against Home Office decisions denying asylum. We’ve successfully aided individuals worldwide in seeking and securing international protection in the UK.
Our solicitors excel at navigating the intricate procedures involved in claiming asylum. We offer invaluable advice on compiling evidence, conduct thorough country-specific research, and craft meticulous legal submissions to bolster your claim. Recognizing the challenging and stressful nature of this process, we prioritize accessibility and proactiveness in addressing our clients’ needs.
Applying for Refugee Settlement
If you’ve been granted asylum or humanitarian protection status in the UK and have maintained this status for five years, you’re eligible to apply for refugee settlement. It’s essential to submit your application before the expiration of your five-year permission grant.
Your application may also include any dependents who were granted asylum or humanitarian protection alongside you and were reliant on your claim.
Applying for refugee settlement signifies the next step in securing your long-term residency in the UK after successfully obtaining asylum or humanitarian protection status.
Eligibility Requirements for Indefinite Leave to Remain (Settlement) as a Refugee or Person Granted Humanitarian Protection
To qualify for indefinite leave to remain in the UK as a refugee or someone granted humanitarian protection, you must meet the following requirements:
- Residency: You must have held a residence permit as a refugee or person granted humanitarian protection status (or as their dependent) continuously for five years in the UK.
- Permit Status: Your residence permit must not have been revoked or not renewed during this period.
- Criminal Record:
- You must not have been sentenced to imprisonment for four years or more.
- If sentenced to imprisonment for between 12 months and four years, less than 15 years should have passed since the end of your sentence.
- If sentenced to imprisonment for less than 12 months, less than seven years should have passed since the end of the sentence.
- If you received a non-custodial sentence or other out-of-court disposal recorded on your criminal record, less than two years should have passed since receiving this.
- Assessment by the Secretary of State:
- The Secretary of State should not consider that your offending has caused serious harm.
- The Secretary of State should not consider that you have persistently offended and shown a particular disregard for the law.
- The Secretary of State should not consider it undesirable to grant settlement in the UK considering your conduct, character, associations, or the fact that you represent a threat to national security.
Meeting these criteria is essential to securing indefinite leave to remain in the UK as a refugee or person granted humanitarian protection.
What Else Do I Need to Know About Refugee Settlement?
It’s essential to understand that your residence card as a refugee may be subject to revocation or non-renewal by the Secretary of State under certain circumstances:
Revocation or Non-Renewal Based on Refugee Convention:
- If you voluntarily return to your country of nationality.
- If you voluntarily re-acquire lost nationality.
- If you acquire a new nationality and receive protection from that country.
- If you voluntarily resettle in the country you fled due to persecution.
- If significant and long-lasting changes occur in circumstances, making it unreasonable to refuse protection in your country of nationality.
Revocation or Non-Renewal Based on Exclusion from Refugee Convention:
- If you’re disqualified from being a refugee due to committing crimes against peace, war crimes, crimes against humanity, or acts contrary to the purpose and principles of the United Nations.
- If you engage in misrepresentation, submit false documents, or omit crucial facts affecting asylum grant.
- If there are reasonable grounds to consider you a security threat to the UK.
- If convicted of a particularly serious crime posing a danger to the UK community.
Similar grounds may lead to the revocation or non-renewal of humanitarian protection status.
In cases where settlement application is refused, yet your refugee or humanitarian protection status remains intact due to ongoing need for protection, you may be granted limited leave for three years, renewable upon review.
How Our Immigration Solicitors Can Assist You
Our team of immigration solicitors possesses vast experience in preparing and submitting settlement applications subsequent to being granted asylum or humanitarian protection.
We are committed to being approachable and proactive in comprehending and addressing our clients’ requirements. With a highly motivated team, we prioritize delivering transparent and dependable immigration advice to individuals who have been granted refugee or humanitarian protection status. Our service is characterized by professionalism and friendliness, ensuring a supportive and efficient process.
Choose our immigration solicitors for dedicated and expert assistance in navigating settlement applications after receiving asylum or humanitarian protection.
For further information or to seek assistance with your settlement application, contact our team today.
