Human Rights and Private Life Immigration Solicitors

It is an immigration application or claim that relies on rights protected by the European Convention on Human Rights, commonly Article 8 rights relating to private and family life. The correct route may be Appendix FM, Appendix Private Life or another relevant provision, depending on the facts.

No. Article 8 is a qualified right. The Home Office must consider whether any interference with private or family life is lawful and proportionate, taking account of the individual circumstances and the public interest.

No. Appendix Private Life requires the applicant to be in the UK on the date of application. An overseas family life or Article 8 case may need to be considered under a different route.

The rules contain different tests for a child with at least seven years' continuous residence, young adults aged 18 to 24 who arrived before the age of 18 and have spent at least half their life continuously resident in the UK, adults with more than 20 years' continuous residence, and adults who would face very significant obstacles to integration. An applicant who has made a protection or asylum claim that was declared inadmissible and continues to be treated as inadmissible cannot meet the very significant obstacles test. Suitability and other requirements must also be considered.

It is a family life route on which settlement is available after 120 months rather than 60 months. It may be relevant where an applicant cannot meet certain requirements of the five-year partner route but paragraph EX.1 applies, which requires an in-country application for leave to remain, or where exceptional circumstances under GEN.3.1 or GEN.3.2 require a grant under Article 8, which can apply to an entry clearance application as well as to an application for leave to remain. EX.1 is not a standalone route, and the remaining requirements must still be assessed.

It may apply where the applicant meets the relevant parent requirements and relies on a genuine and subsisting parental relationship with a qualifying child, where it would not be reasonable to expect the child to leave the UK. The other applicable requirements must also be met. The route is not open to an applicant who is eligible to apply for leave to remain as a partner under Appendix FM, and where the child normally lives with their other parent or carer that person must not be the applicant's partner, so a parent who lives with the child's other parent will normally need to consider the partner route instead.

Yes. The best interests of a relevant child must be treated as a primary consideration. They are not the only or automatically decisive consideration, so the full facts and public interest still need to be assessed.

In the Appendix FM context, exceptional circumstances are circumstances in which refusal could or would breach Article 8 because it would result in unjustifiably harsh consequences. Exceptional does not simply mean unusual or that a rule has been missed by a small margin.

An eligible person making an in-country specified application may be able to request a fee waiver if they cannot afford the fee or Immigration Health Surcharge after meeting essential living needs and any child's needs. Financial evidence is required, and a fee waiver request must be decided before the related permission application is submitted. If the completed application is then submitted within 10 working days of receiving the fee waiver decision, on the route named in the fee waiver request, the date of application is treated as the date the fee waiver request was submitted, which can protect continuous lawful residence. If the 10 working days are missed, or the application is made on a different route from the one named in the request, the date of application is the later date on which that application is actually submitted, the fee waiver code expires and a fresh fee waiver request is needed. Biometrics must also be provided within 17 working days of being asked to book the appointment, or the code expires in the same way.

The documents depend on the route and legal test. Evidence may cover identity, residence, immigration history, relationships, parental involvement, children's circumstances, education, health, care arrangements, obstacles to relocation and financial hardship.

Some family life and private life routes can lead to settlement, but the qualifying period and requirements differ. Settlement eligibility should be checked separately under the rules in force when the person becomes eligible.

The refusal letter should be checked promptly. A refusal of a human rights claim can carry a right of appeal, but the exact position, any certification and the deadline depend on the decision.

Home Office fees and the Immigration Health Surcharge can change. An eligible in-country applicant who cannot afford the fee may be able to request a fee waiver first.