Anyone that has been given an eligible immigration decision has the right to appeal to the Immigration Tribunal if the decision breaches their human rights. The most common human rights fall under the European Convention of Human Rights, Articles 3 and 8.
Article 3 covers the prohibition on torture and inhumane or degrading treatment or punishment. This is an absolute right, which means it cannot be breached under any circumstances. Should a person would be at a real risk of ill-treatment if they left the UK, then they may be granted leave to remain. Article 8 covers the right to respect for a private and family life. This is a qualified right and means that the interference must be disproportionate. This right can be breached if:
You have resided in the UK for a long time and have substantial ties and are then asked to leave.
You have a partner or child in the UK and being asked to leave would mean you are separated.
You have a child in the UK under the age of 18 or has lived in the UK for the last seven years.
If your partner is in the UK, you would need to prove that they are settled in the UK, you have a genuine relationship and there would be significant difficulties in continuing your family life outside of the UK. In order to remain in the UK based on the right to a private life, you may also be granted leave to remain if you have lived in the UK continuously for 20 years. There are different time frames for those under the age of 25 years and those under 18 years.
Contact our Human Rights Lawyers London & Southeast
If you would like to discuss your immigration issue, get in touch with our Human Rights lawyers today.