Private Life/ Human Rights-Based Applications

Private Life/ Human Rights-based Applications

Lumine Solicitors can assist individuals in making private life and Human rights-based applications in accordance with Articles 3 or 8 of the European Convention on Human Rights (ECHR) for the right to remain in the UK.

Article 3: Prohibition of torture, of the European Convention on Human Rights, says:

‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’

You may be able to make a human rights claim under this if the British government attempts to remove a person from the UK back to their home country, where there is a genuine risk of persecution or serious harm.

Article 8: Private life, of the European Convention on Human Rights, says:

8 (1) ‘Everyone has the right to respect for his private and family life, his home, and his correspondence.’

8 (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.’

 You may be able to make a human rights claim under Article 8 of the ECHR if you have developed strong family ties and have resided in the UK for many years.

Eligibility

Applications based on human rights can be submitted to the Home Office in many ways including:

  • for leave to remain as a parent of a child in the UK
  • for ILR as a child under 18 who has lived in the UK for at least 7 years
  • for ILR as someone aged 18 or above but under 25 who has lived in the UK for at least ½ their life with continuous residence.
  • for ILR on the basis of 20 years of long residence in the UK

Please be aware that depending on the path you choose, the application process differs.

How Can Lumine Solicitors Help?

Lumine solicitors can help you by:

  • Offering expert advice and answer any questions you may have regarding your private life/ human rights-based application
  • preparing and submitting applications on your behalf
  • obtaining relevant evidential documentation
For all immigration matters, Please do not hesitate to get in touch on 020 3950 2246 or Contact Us HERE