Human Rights Applications

Protecting Your Right to Family
and Private Life in the UK

Protecting Your Right to Family and Private Life in the UK

Human rights can be an important part of an immigration case where a person’s circumstances involve significant family or private life in the UK. At MYM Solicitors, we provide tailored legal advice on human rights-based immigration cases, helping you understand your options, assess the strength of your circumstances and prepare the appropriate application or legal representations.

Human rights claims may involve Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. Depending on the circumstances, relevant immigration provisions may include Appendix FM for family life and Appendix Private Life for private-life claims.

What Is a Human Rights
Application?

A human rights application is not a single immigration route. It is a broad term commonly used for cases where a person relies on their human rights, particularly their right to family or private life, as part of their immigration case.

For example, a claim may involve:

The Home Office considers Article 8 alongside relevant public-interest considerations. A human rights claim does not automatically result in permission to remain; the outcome depends on the facts of the case and the applicable Immigration Rules and legal principles.

How MYM Solicitors Will Help

Human rights cases can be highly fact-sensitive, and the evidence presented can be crucial. At MYM Solicitors, we can provide legal support tailored to your circumstances.

Assessing Your Circumstances

We will consider your immigration history, family relationships, private life in the UK and any other relevant circumstances to identify the most appropriate legal route or basis for your case.

Advising on Family Life

Where your case involves a partner, child, parent or other relevant family relationship, we can assess whether your circumstances may engage family-life protections under the Immigration Rules and Article 8.

Considering Private Life

Where your case is based on your personal connections and life established in the UK, we can assess whether the Private Life route or another legal basis may be relevant. Appendix Private Life contains specific requirements, including provisions concerning long residence, children and adults facing very significant obstacles to integration in the country to which they would have to go.

Considering Children and Their Welfare

Where children are affected by an immigration decision, their circumstances and welfare may be highly relevant. We can help identify and present the evidence that may be important to the assessment of your case.

Preparing Supporting Evidence

We can advise you on relevant evidence, which may include:

  • Relationship evidence
  • Evidence of cohabitation
  • Birth and marriage certificates
  • School or educational records
  • Medical or care evidence where relevant
  • Evidence of your life and connections in the UK
  • Evidence concerning family circumstances
  • Immigration and previous application records
  • Other documents relevant to your individual circumstances

Preparing Legal Representations

Where appropriate, we can prepare detailed representations explaining the relevant facts, Immigration Rules and human rights considerations applicable to your case.

Supporting Your Application

We can assist with the preparation and submission of the appropriate application and supporting documents, helping ensure that relevant information is presented clearly and consistently.

Dealing With Refusals and Appeals

If your human rights claim has been refused, we can review the decision and advise you on the options available. Depending on the type of decision and circumstances, this may include an appeal or other appropriate legal remedy. Not every immigration decision carries a right of appeal, so the decision and applicable rules must be examined carefully.

Frequently Asked Questions

Article 8 protects the right to respect for private and family life, home and correspondence. In immigration cases, it can be relevant where an immigration decision affects a person’s established family or private life. However, Article 8 is a qualified right. The Home Office must consider the relevant public-interest factors as well as the individual’s circumstances.

Potentially. Family-life claims may arise where you have a qualifying relationship with a partner, parent or child, depending on your circumstances and the relevant Immigration Rules. The appropriate route will depend on factors such as your relationship, immigration status, circumstances and the circumstances of your family members.

Yes. The circumstances and welfare of children affected by an immigration decision can be relevant when assessing a family-life or human-rights claim. The Home Office is required to have regard to the need to safeguard and promote the welfare of children in the UK when considering relevant cases. 

A private-life claim is generally based on a person’s established life and connections in the UK rather than primarily on a qualifying family relationship. The Immigration Rules contain a specific Private Life route, including requirements relating to residence, age and, for some adults, whether there would be very significant obstacles to integration in the country they would have to leave the UK to live in.

Possibly. In some circumstances, Article 8 may be relevant even where an applicant does not satisfy all the requirements of the standard family or private-life provisions. However, this does not mean that a human rights claim will automatically succeed. The specific facts, applicable Immigration Rules and relevant public-interest considerations must be carefully assessed.

An overstayer may still have circumstances that need to be considered under the relevant human rights provisions, but overstaying can affect the application and the requirements that apply. The effect of your immigration history will depend on your individual circumstances, including the length and reasons for the overstay and any exceptions that may apply. Professional legal advice should be obtained before making an application.

The evidence required depends on the basis of your claim. It may include evidence of family relationships, residence, cohabitation, children’s circumstances, personal connections in the UK and other factors relevant to your case. The evidence requirements can differ depending on the specific route being relied upon.

Potentially. The Private Life route contains specific requirements concerning continuous residence and other circumstances. For example, an adult who has lived continuously in the UK for more than 20 years may meet one of the relevant eligibility requirements. Where an adult has not lived in the UK for more than 20 years, the rules may require consideration of whether there would be very significant obstacles to their integration in the country they would have to live in. 

The appropriate next step depends on the decision you receive. Some human rights decisions may carry a right of appeal, while others may be subject to different procedures or may not carry an appeal right. If you receive a refusal, it is important to obtain legal advice promptly so that the decision, any appeal rights and relevant deadlines can be reviewed.

Yes. We can review the refusal decision, consider the reasons given by the Home Office and advise you on the legal options that may be available. Depending on your circumstances, this could involve an appeal or another appropriate immigration remedy. The available option will depend on the nature of the decision and your individual circumstances.

Speak to MYM Solicitors
About Your Human Rights Case

Speak to MYM Solicitors About Your Human Rights Case

Human rights immigration cases can involve complex personal and legal circumstances. Getting appropriate advice can help you understand your position and identify the most suitable way forward. Contact MYM Solicitors today for professional immigration advice tailored to your circumstances.

Why Choose MYM Solicitors?

  • Tailored advice based on your individual circumstances
  • Professional support with complex immigration matters
  • Assistance with applications and supporting evidence
  • Clear advice on your available options
  • Support following immigration refusals where appropriate
  • Client-focused legal guidance throughout your case

Hear from our Clients

Contact MYM Solicitors Today

Speak to our immigration team to discuss your circumstances and find out how we may be able to assist.

call us now

01753 208 786

Email us

myproperty@mym.law

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