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Human Rights Application
You may wish to apply for leave to remain in the UK based on Human Rights
You may wish to apply for leave to remain in the UK based on Human Rights considerations. Generally speaking, this can be divided into seperate categories known as Family Life or Private Life of Article 8 of the European Convention on Human Rights (ECHR). Since July 2012, elements of a Human Rights claim have been incorporated into the Immigration Rules.
Such cases contain specific criteria to be met under both the Family and Private life stages. If successfully, your application will usually be granted on the Ten-year route to settlement. Please see below for types of Family and Private Life Human Rights matters.
Private Life in the UK
Under the Immigration Rules, leave to remain may be granted in order to protect your Article 8 right to private life if:
- You have lived in the UK continuously for 20 years; or
- You have lived in the UK for less than 20 years but there would be very significant obstacles to your integration into the country to which you would have to go if required to leave the UK; or
- You are under the age of 18 and have lived continuously in the UK for at least 7 years and it would not be reasonable to expect you to leave the UK; or
- You are aged over 18 and under 25 and have spent at least half of your life living continuously in the UK
Family Life in the UK
Under the Immigration Rules, you may be granted leave to remain in the UK in order to protect your Article 8 right to family life where:
- You have a parental relationship with a child under the age of 18 who is in the UK
- They have lived in the UK for the past seven years (discounting any period of imprisonment)
- It would not be reasonable to expect the child to leave the UK
- You have a genuine relationship with a partner who is settled in the UK
- There are insurmountable obstacles (significant difficulties) to family life continuing outside the UK.
Why choose MLC Immigration Lawyers?
Applications which consider Human Rights matters, require careful planning and preparation. MLC Immigration Lawyers has a proud history of preparing such applications to obtain successful outcomes. We will initially discuss the merits of your application and your changes of success. Should we deem the application to be strong we will begin to prepare your application with your expert team with through attention and detail to enable the best chance of success.
Contact our team today to discuss your Human Rights matter.
To book a consultation or to speak to an MLC Immigration Lawyer call 0161 224 4224. Or fill out the form below.
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