Human Rights Applications
How RVS Solicitors Can Assist Your Human Rights Application
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.
See our client testimonials to read about how we’ve helped so many achieve their legal aims.
Frequently Asked Questions (FAQS)
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 routes are available under Human rights?
Almost every application made to the Home Office can have its human rights elements, however if your application is solely based on your protected human rights, you will need to ensure that the right application route is selected. Human rights applications can be divided in two main categories:
- Family visas, you will need to meet the relevant criteria to be granted leave
- Private life applications. Main categories falling under this route are found in the para 276ADE of Immigration rules.
What are the requirements for private life applications?
You might be able to make a successful Private Life application if:
- You have lived in the UK for more than 20 years (not counting any time that you spent in prison);
- You are under age 18 and have lived in the UK for at least 7 years and it won’t be reasonable to expect you to leave the country. This is colloquially referred to as 7 year route;
- You are aged between 18 and 25 and have lived in the UK for at least half of your life;
- You are over 18 years old, have not lived in the UK for 20 years, but you will face significant obstacles if you were to return to your country of origin.
What does Article 8 say?
Not all circumstances will be covered by the existing visa routes and in some cases it will be a struggle to demonstrate how you are meeting the relevant rules. In such cases, it is always wise to rely on the European Charter Human Rights.
Most human rights applications are made on Article 8 grounds. The provision reads:
Article 8 – Right to respect for private and family life
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- 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 for 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.