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Human Rights Applications

Inside the Immigration Rules – Family Life

The Home Office has a set of rules in place covering human rights applications. In particular, Appendix FM relates to family life and applications to live in the UK as the partner of a British citizen or someone who is already living in the UK and has been offered humanitarian protection or refugee status.
These rules are quite complicated and subject to exceptions contained in Paragraph EX. Paragraph EX attaches importance to the applicant’s partner and/or child already being settled within the UK.

Asons Solicitors’ immigration team can help you with making a complex application under Appendix FM. Every case is different, and it is only by discussing your case with an experienced immigration solicitor that you will have an improved understanding of the requirements you must meet to satisfy the family life section of the immigration rules. Please feel free to contact our office if you would like to learn more.


Inside the Immigration Rules – Private Life

The Home Office has set aside a rule to cover those that want to remain in the UK to protect their private life, and obtain leave to remain for this reason. This can include people that have built significant social, cultural and/or economic ties within their community and may have a network of people that rely on them in the UK.

This rule is known as Paragraph 276ADE. We recommend contacting the immigration department at Asons Solicitors as the requirements under this rule are quite varied and complex. Our solicitors can handle the difficulties of dealing with Paragraph 276ADE for you.


Outside the Immigration Rules

What if my immigration application falls outside of the immigration rules and comes under Article 8?

Article 8 of the European Convention on Human Rights asserts that everyone has the right to a private family life.

Article 8 can be applied in special circumstances, such as preventing the deportation of children or preventing media intrusion. It can also be applied to:

  • Asylum seekers
  • Failed asylum seekers
  • An Illegal immigrant
  • ‘Overstayers’
  • Those having no claim under UK immigration rules or EEA regulations to live and stay in the UK

Article 8 also helps to protect family relations regardless of whether they are young or old, close or distant, extending to foster relatives, grandchildren, nephews/nieces and adult dependents. It covers ‘truly exceptional’ circumstances that mean it would be preferred to keep family members together in the UK.
Our specialists are constantly considering up-to-date rulings from the European Court and the House of Lords so that we can provide the very latest, accurate advice on human rights applications.


How can I make a successful human rights application?

Asons Solicitors have expert human rights lawyers among their team who will provide a professional service to ensure that your application to the Home Office has the highest prospects of receiving a favourable decision.

Call us on 01204 894 866 between 9am and 5pm and Asons’ immigration department will advise you further.

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