Human Rights & Private Life
Article 8 and private life applications under the Immigration Rules.
Article 8 of the European Convention on Human Rights — the right to respect for private and family life — is one of the most frequently relied-upon provisions in UK immigration law. Where the Immigration Rules do not provide a route to remain, it may still be possible to obtain leave to remain in the UK on human rights grounds, outside the rules. BW Solicitors provides specialist advice on human rights immigration applications across Ilford and London.
Article 8 ECHR — Family and Private Life
An Article 8 claim can be made on the basis of your family life in the UK — for example, if you have a British or settled partner or children in the UK — or on the basis of your private life, including the length of your residence, your degree of integration in the UK, and the strength of your ties to your country of origin. The Home Office must carry out a proportionality assessment, balancing the interference with your rights against the public interest in removing you.
- Applications on the basis of family life with a British or settled partner
- Applications on the basis of family life with British or settled children
- Applications on the basis of a long private life in the UK
- Section 55 best interests of the child considerations
- Applications for leave outside the rules on exceptional circumstances
- FLR(HRO) — Further Leave to Remain on human rights grounds
Private Life Applications — Long Residence
If you have lived in the UK for a significant period — particularly if you arrived as a child or have lived here for more than twenty years — you may have a strong private life claim under Article 8. The strength of your claim will depend on the length and nature of your residence, the extent of your integration in the UK, your ties to the UK and to your country of origin, and any exceptional circumstances in your case.
Fee Waiver Applications
If you cannot afford the Home Office application fee, you may be able to apply for a fee waiver on the basis that you are unable to pay without affecting your ability to meet essential living needs. Our solicitors can advise on fee waiver eligibility and assist with the preparation of your fee waiver application.
Why Choose BW Solicitors?
Human rights immigration applications require both legal knowledge and the ability to articulate a compelling case. Our Principal Solicitor holds an LLM in Human Rights Law and has extensive experience with Article 8 applications in all their forms. We serve clients across Ilford, East London and Greater London.