Human Rights Visas

Are you looking to understand more about UK immigration law, specifically in relation to Human Rights Visas? Look no further, as our team at SMK Solicitors is here to guide you through the process.

Human Rights Visas:

Individuals can apply for entry clearance and leave to remain under the European Convention on Human Rights (ECHR), specifically under Article 8 which deals with the right to respect for private and family life. This is an important avenue for individuals seeking to remain in the UK on human rights grounds.

Under the Immigration Rules, individuals may be eligible for leave to remain in the UK to protect their right to family life or private under Article 8 if, for example:

  • A person has a parental relationship with a child who is present in the UK having resided here for 7 years, and it would not be reasonable to expect the child to depart from the UK.
  • A person has a genuine relationship with a partner who is settled in the UK, and there are obstacles that make it extremely challenging for family life to continue outside the UK.
  • A person may be granted leave to remain under the Immigration Rules if they have lived in the UK unlawfully continuously for 20 years.
  • Leave to remain may also be granted if a person has lived in the UK for less than 20 years unlawfully, but there would be very significant obstacles to their integration into the country they would have to go to if required to leave the UK.
  • If a child is under the age of 18 and has lived continuously in the UK for at least 7 years and it would not be reasonable to expect them to leave the UK, they may also be granted leave to remain.
  • Additionally, persons aged over 18 and under 25 who have spent at least half of their life living continuously in the UK may also be eligible for leave to remain.

Not all circumstances involving human rights are covered by the Immigration Rules and if there are exceptional circumstances or compelling factors in your case, it may be possible to apply for leave to remain on Article 8 grounds outside the Rules.

Our Expertise:

At SMK Solicitors, we specialise in handling complex immigration cases involving human rights. With a high success rate in human rights applications, we have expertise in matters involving the best interest of children, partner route visas, and private life visas. This includes cases related to 7 years child residence, 20 years long residence, adult dependents, and medical-related immigration issues.

Our Services:

Whether you are seeking guidance on a human rights visa application or need support with an appeal or judicial review concerning Article 8 ECHR, our experienced team is here to help. We offer comprehensive legal assistance and representation to individuals and families facing immigration challenges related to human rights.

Contact Us:

If you need advice or legal representation regarding immigration law and human rights visas, don’t hesitate to reach out to us at SMK Solicitors. Our expert team is committed to providing tailored and effective solutions for your immigration needs.

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