Are you seeking asylum in the United Kingdom? As a nation committed to upholding human rights, the UK provides refuge to those in genuine need. However, with strict requirements and a complex process, not everyone secures the necessary documentation.
To enhance your chances of success, it is essential to thoroughly understand the eligibility criteria, requirements, and processing timelines in advance. Preparation and knowledge are key to navigating this complex procedure effectively.
Our immigration attorneys at Rees Clayton will give you the counsel and support you require in order to submit a successful human rights application. Call us at 02033939272.
Like the majority of other visas, a human rights visa in the UK allows its holder to remain in the UK nation for a predetermined period of time. According to the European Convention on Human Rights, a human rights visa under Article 3 or Article 8 may be obtained in the UK.
According to the treaty, individuals who face the possibility of harsh treatment upon their return to their place of origin are entitled to request asylum. Those who have established a family and resided in the UK for a considerable amount of time are also eligible to apply.
Applicants must meet a number of requirements in order to be granted a Human Rights Visa in the United Kingdom. The following prerequisites are on the list:
The applicant’s age is the first factor to be taken into account when applying for a Human Rights Visa UK. Basically, you may apply at any age, however the process could change a lot depending on it.
For instance, children who wish to apply for ILR must have resided in the UK for seven years or longer. Young adults (those who are 18 years of age or older but under 25) must have spent at least half of their life in the nation. This phrase is expanded to include adults up to 20 years old.
It is crucial to remember that only applications submitted in accordance with Article 8 of the agreement will be taken into consideration. Otherwise, consideration is given to the criteria outlined in the subsequent sections.
Individuals who are applying for a Human Rights Visa in the UK because of a medical condition are likely to need to meet the requirements for this particular situation.
The following situations are the main ones where medical grounds are used:
While each medical application is evaluated separately, it is always important to collect documentation of both the ailment in issue and the threat posed by going back to your native country.
Political criteria are applications related to the convention’s Article 3. In the event that you must apply for asylum and plan to remain in the UK as a refugee, you will have to demonstrate the danger of going back to your home country or your incapacity to do so.
Upon arrival in the UK, this type of application is submitted, which includes an interview with a caseworker and a meeting with an immigration officer. The best way to increase the likelihood that the application will be accepted is to speak with legal experts before visiting the UK, as each case is evaluated separately.
Although the Home Office generally allotted three months to assess human rights petitions, the procedure may take longer than that because each case is evaluated separately and may involve issues.
Among the most frequent causes of delays are:
Individuals seeking leave to remain in the UK or British citizenship must remit a fee to the Home Office.
Certain categories of immigration petitions are excluded from fees, rendering them free of charge. If no exemption is applicable, the applicant must remit a designated charge, unless they qualify for a fee waiver. Fee exemptions are only accessible to individuals submitting applications based on their familial or private circumstances in the UK, as well as to children seeking registration as British citizens.
Human Rights Visa/Immigration fees are adjusted (often raised) annually in April and may be modified at other times. An individual must ascertain the requisite fee prior to submitting their application. They must ascertain if the NHS surcharge (Immigration Health Charge) is mandatory in addition to the application price.
An application submitted by an adult under the family or private life regulations, or outside of the regulations invoking Article 8 reasons, will incur a price of £3,845.50 (£1,258 application fee plus £2,587.50 Immigration Health Charge). A distinct charge is required for every family member included in the application.
If an individual cannot pay the cost, they should see their legal counsel on the possibility of applying for a fee waiver.
A fee waiver is requested throughout the online application process, and the individual must provide proof demonstrating compliance with the Home Office fee waiver policy for the charge to be waived.
An individual may request a fee waiver while asking for leave to remain on one of the above grounds:
A fee waiver shall be granted if the individual can substantiate that one of the following conditions applies to them:
Appealing to the First-tier Tribunal is the primary option if the Home Office rejects your human rights application. In the event that the denial violates your right to privacy in the UK, this is a feasible alternative. It is also feasible to request an administrative or judicial review if the decision was made incorrectly.
It should be mentioned that you have 28 days to submit these applications. To reduce the likelihood of being rejected again, it is always advised to speak with legal experts prior to appealing the judgement.
There are many methods to submit an application for residency or settlement through asylum or human rights-based petitions to the Home Office, including (please be aware that this list of human rights pathways is not comprehensive):
The application procedure varies based on the route selected for the application. If you want to apply for Indefinite Leave to Remain (ILR) based on your right to private or family life, the required application form varies depending on whether you are under 18, between 18 and 25 years old, or above 18 and have been in the UK for 20 years. The application price for ILR private life applications is at £2,404, and applicants may additionally be required to pass the Life in the UK test.
Given the uniqueness of individual situations, our immigration attorneys are prepared to offer tailored counsel and manage your case, should you need support. For a free telephone consultation, please contact us at 02033939272 or fill out our inquiry form.
Children under the age of eighteen who were born in the United Kingdom and have been here continuously for seven years or more are eligible for permanent settlement (ILR) immediately under the “Private Life route” to settlement. The regulations provide that the Home Office decision maker must be entirely convinced that it would be unreasonable to anticipate the child departing the UK.
Additional information is available in our post about the seven-year child immigration rule.
Application for Indefinite Leave to Remain as a young adult who has resided in the UK for a minimum of half their life
Young adults aged 18 to 25 may qualify for Indefinite Leave to Remain (ILR) if they entered the UK prior to turning 18. Applicants must have resided in the UK continuously for a minimum of fifty percent of their lifetime.
The UK’s private life immigration regulations contain a clause for ILR candidates who are above 18 years old and have been in the UK for a minimum of 20 consecutive years. If this is not applicable, a successful application may still be feasible if the Home Office decision maker is convinced that the applicant would have substantial difficulties reintegrating into the nation to which they would be compelled to return if their request to remain in the UK is denied.
Reach out to our Immigration solicitors for professional guidance about a UK visa application or immigration appeal. Simply contact us at 02033939272 or fill out our inquiry form below.
The immigration regulations permit applicants to seek leave to remain on the basis of Article 3 medical reasons.
In order to successfully file an Article 3 application on medical grounds, you must be able to demonstrate that, should you be unable to remain in the UK, there is a genuine risk that you will experience a severe, swift, and irreversible deterioration in your health, leading to either extreme suffering or a substantial (substantial) reduction in life expectancy due to the lack of access to appropriate treatment.
At Rees Clayton, we offer individualised guidance based on your situation and specialise in Human Rights Visa applications for the UK. We bring unparalleled experience and commitment to every case, having successfully assisted hundreds of people with their relocations.
Our staff is open and truthful; if we think there may be issues with your application, we’ll notify you in advance and walk you through your best alternatives. We succeed in handling complex cases that demand careful attention by fusing elite personnel, cutting-edge technology, and a paperless approach.
You can rely on us to put up a valiant battle for justice. See how we have assisted others in achieving their legal objectives by reading through our client testimonials.
For assistance with human rights applications and other immigration law concerns, please call us at 02033939272 or use the online inquiry form to schedule an appointment.
As a public entity, the Home Office is required to take the European Convention on Human Rights’ (ECHR) tenets into account while making immigration decisions. An applicant’s right to family life under Article 8 of the ECHR may be violated, for instance, if they are seeking for a UK Standard Visit Visa in order to visit their young children in the UK.
Nearly every application submitted to the Home Office may incorporate aspects of human rights; nevertheless, if your application is exclusively predicated on your protected human rights, it is imperative to pick the appropriate application path. Human rights applications can be classified into two primary categories:
A successful Private Life application may be feasible if you have been in the UK for over 20 years, excluding any duration spent in incarceration.
You are under 18 years of age, and have been in the UK for a minimum of 7 years, and it would be unreasonable to anticipate your departure from the Kingdom. This is informally known as the 7-year path.
However would have considerable challenges upon returning to your country of origin.
A successful Private Life application may be feasible if you have been in the UK for over 20 years, excluding any duration spent in incarceration.
You are under 18 years of age, and have been in the UK for a minimum of 7 years, and it would be unreasonable to anticipate your departure from the Kingdom. This is informally known as the 7-year path.
However would have considerable challenges upon returning to your country of origin.
If your claim for human rights is denied, you may have the option to appeal the judgement to the First-tier Tribunal (Immigration and Asylum Chamber). You have only 28 days to file an appeal from the date of your denial letter.
You must demonstrate that the Home Office’s judgement infringes upon your UK rights to privacy and/or family life in order for your appeal to be granted. You may request a ruling from the tribunal either during an oral hearing attended by you and/or your legal counsel or solely based on the submitted documentation.
Based on the rationale behind your rejection, it may possibly be feasible to: