Human Rights Application

Human rights applications

The right to family and private life is known as an Article 8 right, because it comes from Article 8 of the European Convention on Human Rights (ECHR), which is part of UK law through the Human Rights Act. This right continues to exist after Brexit.

Your private life could include things like your work or studies, your life with your friends and neighbors, and involvement with your local community or charity activities. The courts have understood private life quite broadly, to mean the features of your life which are central to your social identity and your personal development. It also includes long-term NHS medical treatment. You can read more about Article 8 (and Article 3) arguments based on medical grounds.

Living in the UK does not, in itself, amount to private life in this legal sense.Not everything we think would be family and private life would be defined as Article 8 family/private life. The definition is case-specific and is shaped by case law. This means that every situation is different and you have to provide evidence for your every situation.

That legislation says that “little weight” should be given to a private life or relationships formed if you are in the UK unlawfully, or to private life established when your immigration status in the UK is “precarious” and it is not that no weight should be given at all. If there is no chance of removal and positive things like english language ability, economic contribution, no criminal records with little weight of private life established and serious struggles in going back integrating and living in the back home may make the private life application successful.

How We Help?

We the Ram & Co Solicitors provide expert advice in making the application under Article 8 inside and outside the immigration rules.