Making a Human Rights Application in the UK
Human Rights Application . UK’s Human Rights Act 1998 requires public bodies to fully observe the rights of citizens, which are defined under the ECHR.
- In the context of immigration, the most commonly raised article is the Article 8.
- Article 8 protects a person’s right to private and /or family life
- It is important to note that Article 8 is not an absolute right
- Authorities in the UK can interfere with it if the interference is not proportionate.
- Article 2 (right to life) and Article 3 (prevention and prohibition on inhuman/degrading treatment and torture) are also relevant in immigration context
Why Fadiga & Co is the Best Legal Advisor for your Human Rights Application?
- We never make tall promises or give guarantees that we cannot live up to.
- Our focus is upon guiding our clients in the right direction by offering accurate information about UK Human Rights laws.
- A holistic approach is adopted by our solicitors
- We try our utmost best to minimise the emotional and financial burden that clients may have to bear during the entire process
- Offering cost-effective way is our primary goal
- Clear-cut, practical, legally viable advice is given to the clients irrespective of their social status, caste, race and gender
- We never distract our clients with legal jargon
- We offer transparent packages with no hidden costs
- Our fees is much lower than other legal advisory firms
How we can help you?
- Our immigration solicitors will not only help you with your application for leave to remain on the basis of your private and family life, discretionary leave to remain outside immigration rules, but also will make sure that you are updated timely about the procedure after submitting your application
- We take detailed instructions from our clients and advise them about the immigration rules and relevant Home Office policies and procedures
- According to the strength and weakness of your case, our solicitors will advise you about the documentary evidence required
- Relevant form will be completed by our experts and to support the application, a covering letter will be provided containing detailed representations on your behalf
Your Human Rights Application : We will liaise with the Home Office, UKBA for speedy decision on your case
Why do you Need Professional Help?
- Authorities in the UK generally interpret human rights laws in a very restrictive manner, which is why it is sometimes necessary for individuals to bring a legal challenge and secure their rights
- To secure compensation if any of your human rights are violated by a UK public bodies, you need help from professionals in the field
- Unless you consult a human rights law expert regarding your problem, you may never know how to investigate the matter and make the appropriate application/ claim
- Furthermore, usually people have no knowledge about legal procedures and they end up making wrong type of claim or making the claim at the wrong time in a deficient manner, which is why their claims get rejected or challenged
- It must be noted that as per English law, civil claims must be lodged within a certain time scale including those seeking compensation for human rights breaches
- In order to make a claim, you need to collect solid evidence and to prepare the application properly
- Therefore, it is better to contact Fadiga & Co’s expert human rights solicitors if you want to make a claim for compensation or need humanitarian protection
- General Guidelines on UK Human Rights Laws
- Human rights refer to the rights of individuals to be treated with dignity in a fair and equal manner. The European Convention on Human Rights 1950 basically identified human rights, which were incorporated into English Law through the Human Rights Act 1998.
We Facilitate the Following Human Rights Applications
- The right to private and family life is broadly defined in the Article 8 of ECHR.
- These laws can be observed by individuals living within the borders of the Council of Europe countries. The article 8 is highly relevant to all sorts of immigration decisions taken by all the authorities in these member states. As per the Article 8, everyone has the right to maintain private and family life and establish home.
- If you have established private and family life in the UK and are able to give evidence of that, then you may seek leave to remain in the UK. This wouldn’t involve whether you will qualify for the visa under domestic law. Anyone from the following can apply for the visa:
- If you have family in the UK such as Spouse
- If you are staying in the UK but have exceeded your stay limit
- Asylum seeker
- If your Asylum claim has been refused
- If you have no claim under the Immigration Rules or EEA regulations to enter and remain in the UK
- Article 8 of the ECHR allows a person to apply for Discretionary Leave to Remain in the UK on grounds that his or her removal from the country will violate the UK’s obligations under article 8 ECHR. .
- The visa is approved by the Secretary of State outside the Immigration Rules
- Compassionate or exceptional circumstances of the applicant are given considerable importance while deciding about whether or not leave should be granted on human rights grounds.
- If your claim for Asylum has been refused by the Home Office on grounds that the department couldn’t recognize you as a refugee and you also couldn’t quality for humanitarian protection, then you have another option of Discretionary Leave to Remain
- Generally this leave is granted for three years initially but it is important to note that this type of leave is approved in limited circumstances
- Once your initial period expires, you will have to apply to extend your stay and this decision will depend on your circumstances at the time of your application.
- When an individual cannot meet the required criteria of any of the categories of the UK Immigration Rules, then the person may have the right to apply for leave to remain outside the immigration rules.
- The SSHD has the discretion to grant leave outside of the immigration rules
- This discretion will only be exercised in exclusive circumstances and to analyse whether the leave should be granted, other factors will be assessed too such as if the person’s human rights have been breached.
Contact us today, our experts Immigration lawyers can assist you with your Human Rights Application.