Private life and human rights-based applications refer to immigration applications made on the basis of the applicant’s right to a private life under the European Convention on Human Rights (ECHR) and the Human Rights Act 1998. These applications are often made by individuals who are facing potential deportation, refusal of visa applications, or other adverse immigration decisions but argue that their right to private and family life would be severely impacted by such actions.

The right to private life is a central provision under Article 8 of the ECHR, which grants that everyone has the right to respect for his private and family life, his home, and his correspondence. This right is not absolute, but it creates a solid platform for individuals to challenge immigration decisions that they deem would violate their rights to privacy, family life, or personal security in the UK.

Eligibility Criteria and Grounds for Private Life/Human Rights-Based Applications

Applications for private life under Article 8 ECHR are usually made in the following circumstances:

1. Long-term residents: Individuals who have stayed in the UK for a considerable time, sometimes for more than 10 years, can apply for leave to remain based on their private life. Here, the long-term residence and connections to the UK are held to be more significant than any public interest in their removal.
2. Family Life: Applications under family life normally cover cases where the applicant has family members within the UK, such as a spouse, children, or parents; hence the family would be disrupted if they were removed. The applicant must prove that there is a close and genuine relationship with his family members, and the removal would interfere with the right to family life under Article 8.

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