Human Rights Applications

Human rights law plays an increasingly important role in UK immigration. Article 8 of the European Convention on Human Rights (ECHR) — the right to respect for private and family life — is frequently invoked in immigration cases where standard visa routes are unavailable or where removal would be disproportionate. At Kings Court Law, our specialist solicitors have extensive experience in human rights-based immigration applications and appeals.

Article 8 ECHR in Immigration

Article 8 ECHR protects the right to respect for private and family life, home, and correspondence. In immigration law, it is most commonly invoked in the following situations:

• Preventing the removal or deportation of a person with established family life in the UK
• Applications to remain based on long residence and established private life
• Cases involving British or settled children who would be affected by a parent's removal
• Cases involving serious medical conditions where removal would be inhuman
• Applications where standard immigration routes are not available

Exceptional Circumstances

The Home Office and immigration tribunals will consider whether there are exceptional circumstances that would make it disproportionate to refuse leave to remain or to remove a person from the UK. Relevant factors include:

• The length of time the person has lived in the UK
• The strength of their ties to the UK (family, employment, community)
• The best interests of any children affected
• The person's health and vulnerability
• The impact on family members who are British citizens or settled persons
• Any obstacles to integration in the country of return

How We Can Help

• Assessing the strength of your human rights claim
• Preparing a detailed Article 8 statement covering all relevant factors
• Gathering supporting evidence including expert reports and witness statements
• Preparing and submitting human rights-based leave to remain applications
• Representing you at immigration tribunal appeals on human rights grounds
• Advising on the interaction between human rights law and the Immigration Rules
• Challenging removal decisions through judicial review where necessary