You may be in the UK and either come to the end of your visa or already over stayed and have no legal right to be in the UK, but feel that you cannot return to your country of origin for a multitude of reasons and that removal from the UK will adversely affect your or someone else’s human rights.
Examples of such circumstances may be a right to a family life with a qualifying child, been part of family court proceedings, having been in the UK for a very long period of time or an inability to reintegrate back into life in your own country. In such circumstances you may be able to make an application based on human rights or sometimes referred to as “outside the rules” and or may have a right to appeal if the Home Office has refused such an application.
Human Rights applications inside the rules
You may be entitled to make an application for leave to remain based on a right under the European Convention of Human Rights (ECHR) Article 8, family relationships or private life, having been in the UK for a long period of time, even if you are in the UK illegally.
Most of these types of applications have been incorporated into the immigration rules, but can be difficult to understand, as case law interpreting and evolving these rules, changes frequently. To ensure you consider all your options and make the best possible application based on the most recent litigation and case law, specialist advice may be required.
You may also be entitled to make an application based on a lack of medical treatment in your country of origin, thus causing a breach of your art 3 rights under the European Convention of Human Rights. However, the standard of proof to succeed, is set very high and getting specialist advice is highly recommended.
Human Rights applications outside the rules
In certain circumstances it may be appropriate to make an application for leave to remain despite the fact that your circumstances do not fit into any of the categories in the immigration rules.
This is called making an application outside the rules based on the fact that removal from the UK will constitute a breach of your or someone else’s human rights. In doing so you request that the SSHD exercise discretion in your favour and to grant leave outside the Immigration Rules (LOTR) on the basis of compelling compassionate grounds (other than family and private life, medical, asylum or protection grounds).
If successful, you will be granted 30 months leave on the 120 month route to settlement. If refused, you may be able to appeal the decision to an independent immigration judge.
We have many years experience of dealing with particular complex situations and unraveling people’s sometimes very complex immigration histories to make applications outside the rules, or where you have been refused, to appeal such refusals.
How can we help?
It is worth taking legal advice by contacting our very experienced team of immigration specialists, so they can assess your circumstances and advise you of your options. They can help making such an application or help you to appeal the decision and give you a fixed fee quote so you know in advance how much it will cost you.
Contact us today on 0808 166 8831 or email a.minnaar@sydneymitchell.co.uk or m.southall@sydneymitchell.co.uk alternatively complete our online enquiry form.
 |
 |
 |
 |
 |
 |
|
