Human Rights Applications

Since 2015, the right of appeal for Points Based System visas refusal or Indefinite Leave to Remain (ILR) is only available on human rights grounds.  Human rights applications can be extremely complex and must be prepared with the utmost care and skill. At RVS Solicitors, our immigration lawyers will provide you with the advice and representation you need to make a successful human rights application.

When Rakhi Singal and Dr Lusine Navasardyan (the head of immigration) founded RVS Solicitors, their focus was on creating a law firm which was dedicated to the client’s needs and creating a unique experience for them.  We achieve this by operating a paperless office, investing in the latest technology, and recruiting the most talented people. You can trust that we will provide you with the right advice for your particular matter and stand in your corner, fighting 100% to ensure you receive a fair decision.

Contact our experienced immigration lawyers in London

Call our expert immigration team on 0203 372 5125 or complete our online enquiry form for a free assessment.

Frequently Asked Questions

What is a human rights application in immigration law?

Because the Home Office is a public body, it must consider the principles of the European Convention on Human Rights (ECHR) when making immigration decisions.  For example, if an applicant is applying for a UK Standard Visit Visa to come to the UK to see their young children, refusing that visa may breach their right to family life under Article 8 of the ECHR.

What does Article 8 say?

Most human rights applications are made on Article 8 grounds.  The provision reads:

Article 8 – Right to respect for private and family life

  1. Everyone has the right to respect for his private and family life, his home and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

It is vital to remember that Article 8 does not confer an absolute right to private and family life.  Both the Home Office and the Tribunal have the discretion to balance your right to private and family life against the government’s right to control immigration.

As experienced immigration Solicitors, we know how imperative it is to build a robust case surrounding a human rights application and provide the right supporting documents.  We can make a strong argument that by refusing you a visa or ILR, your rights under the ECHR have been breached.

To find out how we can assist you with human rights applications and all other immigration law matters, please phone us on 020 3372 5125 to make an appointment.

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