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Under the Human Rights Act 1998 it is unlawful for any public bodies, including the Home Office, courts and tribunals to act in a way that is inconsistent with the rights set out within the European Convention on Human Rights (ECHR)
The most common human rights provisions that are invoked within the realm of the immigration context are:
Prohibition on torture and inhuman or degrading treatment or punishment.
This is an absolute right and cannot be breached in any circumstances. This means that you may be granted with leave to remain if you may be exposed to a serious, real risk to ill-treatment if you are required to leave the UK.
Right to respect for private and family life
This is a qualified right and the Home Office must not interfere with your private and family life unless to do so is necessary (eg, for the state to control immigration and protect the economic well-being of the country)
We pride in having our very experienced team of immigration specialists with wealth of knowledge and experience in assessing each client’s circumstances and advise you of your opinions. We dedicate ourselves and endeavour to achieve the best outcomes for our clients. Not all immigration applications can be based on human rights ground. Our client’s interests always comes first. We will cut through the red tape and focus what is required to make your application successful. Contact us today on 01517070899 or our email address at info@yventerprise.com.
You can apply to stay with your family member in the UK if you have a family member and built a life together in the UK if:
If you meet all the requirements under the Immigration Rules, you will be granted with leave to remain on the 5-year route, which means you will be eligible to apply for Indefinite Leave to Remain (ILR) after 5 years on the 5-year route.
If you do not meet all the requirements of the Immigration Rules, you can be granted with leave to remain on the 10-year route, and you will be eligible to apply for Indefinite Leave to Remain (ILR) after 10 years on the 10-year route.
Applications based on private life made in accordance with 276ADE of the Immigration Rules can only be made from inside the UK and not outside the UK.
If successful, you will be granted leave to remain on the 10-year route. There is no 5-year route to settlement on private life applications.
There are few categories of the private applications,
In certain circumstances you may still be able to be granted with leave to remain even if your circumstances fall outside the ambit of the Immigration Rules. If there are compelling compassionate factors in which the decision of your removal would amount to a disproportionate interference to your private or family life, the Home Office would exercise their discretion in your favour and to grant leave outside the immigration rules (LOTR).
Article 8 applications for leave outside the Immigration Rules are based on domestic case law established by the UK Courts and by the European Court of Human Rights in Strasbourg. These type of cases usually are complex. Our team at YV Enterprise have extensive experience and knowledge dealing with this area. We assess each case in detailed to determine whether there are arguable merits in proceeding with an application. We enjoy a personal stake in your application success and take pride in what we do. Our client care goes beyond the technicalities of law in which we are committed in offering the honest advice of the risks that an application may encounter and to offer a client-tailored approach from the outset in each application. Article 8 applications for leave outside the Immigration Rules are based on domestic case law established by the UK Courts and by the European Court of Human Rights in Strasbourg. These type of cases usually are complex. Our team at YV Enterprise have extensive experience and knowledge dealing with this area. We assess each case in detailed to determine whether there are arguable merits in proceeding with an application. We enjoy a personal stake in your application success and take pride in what we do. Our client care goes beyond the technicalities of law in which we are committed in offering the honest advice of the risks that an application may encounter and to offer a client-tailored approach from the outset in each application.