If a person has established his/her private and family life in the UK can apply to the Home Office, UKVI for permission to stay in the UK under the Human Rights Act 1998, Article 8 of the European Convention on Human Rights (ECHR).
The Article 8 of the European Convention on Human Rights is one of the most important of the Convention rights and states as follows:-
(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Applications made under the Article 8 of the ECHR before 9th July 2012, will continue to be considered under the Rules before The 9th July 2012, which were outside the immigration rules and under the Discretionary leave policy of the Home office.
Applications made on or after 9 July 2012 will be considered under the Immigration Rules. However, there are some changes affecting these applications. The UK Immigration Rules are intended to cover immense circumstances in which you could be granted leave to remain in the UK. There are also provisions for those who do not fit into a specific category and may allow some migrants to apply for leave to remain in the UK in exceptional circumstances, for example it is no longer possible for someone to apply for leave to remain in the UK on the basis that he or she has been in the UK unlawfully for 14 years or more but the new paragraph 276ADE, however, introduces new provisions which may enable some people who have been in the UK for many years to apply for leave to remain
There are various applications that can be made under the Article 8 of European Convention on Human Rights-
- Family life with partner
- 20 years long residence
- Child who has lived in the UK for 7 years continuously
- A person who is over the age of 18and under the age of 25 and has spent majority of his/her life in the UK
- A person who is over the age of 18 and has lived in the UK for less than 20 years and would have substantial difficulties to his/her in his/her country of origin
For help to prepare your application under the Article 8 of the ECHR and to understand the eligibility and requirements contact us to speak directly to a qualified solicitor.