The United Kingdom is a party to the European Convention on Human Rights under which it has an obligation to honour people’s private life. Article 8 of the Convention covers the matters of privacy and an individual’s entitlement to privacy.
Pursuant to that article, every one of us has the right to respect for their private affairs, family matters, their home and correspondence. It further stipulates that no state authority can hinder the exercise of this right unless it is prescribed by law or done in the interests of national security, public safety or the economic prosperity of the nation, for the prevention of disorder or crime, or for the protection of the rights and freedoms of others.
If you think that you have built or organised your private and/or family life in the UK then you can make an application to formalise your status in the UK within the Immigration Rules, as shown below, or outside of them pursuant to Article 8.
Please note: Human Rights applications, in particular under Article 8, are complex immigration matters and it is highly advisable to have legal advice in order to evaluate your individual circumstances.
Since 9th July 2012, the Home Office have been seeking to define ECHR private life within the Immigration Rules. Under the Rules you can send an Article 8 application for private life if any of the following can be applied:
However, if you do not meet any of the above criteria within the Immigration Rules, the Home Office still have to process your Article 8 case outside of the Rules. Let’s have a look what it means and what is involved.
If you think that you have organised and established your private and/or family life in the UK, and if you are not covered by the Home Office’s rather narrow interpretation of this as given in their Immigration Rules, then you can apply under Article 8 outside of the Rules.
The Home Office will need to consider Article 8, right to private and family life, relevant case law and your individual situation. As part of their decision-making process they should consider the five-stage test as set out in the case of R (Razgar) V SSHD in 2004. They need to consider whether:
There are many other aspects that the Home Office will take into consideration when analysing your case, such as your links to the UK, how long you have stayed in the UK, whether there are any serious obstacles as to why you are unable to return to your home country, or whether there are exceptional circumstances in your case. It is for these reasons that we recommend that you seek expert advice.
We here at Imperial & Legal are able to provide support at any stage of your Article 8 application, including:
We will help you make a strong legal case and provide full support at any stage of your application. Get in touch now to secure your future in the UK.
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