Article 8 protects the right to respect for private and family life, home and correspondence. In immigration cases, it can be relevant where an immigration decision affects a person’s established family or private life. However, Article 8 is a qualified right. The Home Office must consider the relevant public-interest factors as well as the individual’s circumstances.

Potentially. Family-life claims may arise where you have a qualifying relationship with a partner, parent or child, depending on your circumstances and the relevant Immigration Rules. The appropriate route will depend on factors such as your relationship, immigration status, circumstances and the circumstances of your family members.

Yes. The circumstances and welfare of children affected by an immigration decision can be relevant when assessing a family-life or human-rights claim. The Home Office is required to have regard to the need to safeguard and promote the welfare of children in the UK when considering relevant cases. 

A private-life claim is generally based on a person’s established life and connections in the UK rather than primarily on a qualifying family relationship. The Immigration Rules contain a specific Private Life route, including requirements relating to residence, age and, for some adults, whether there would be very significant obstacles to integration in the country they would have to leave the UK to live in.

Possibly. In some circumstances, Article 8 may be relevant even where an applicant does not satisfy all the requirements of the standard family or private-life provisions. However, this does not mean that a human rights claim will automatically succeed. The specific facts, applicable Immigration Rules and relevant public-interest considerations must be carefully assessed.

An overstayer may still have circumstances that need to be considered under the relevant human rights provisions, but overstaying can affect the application and the requirements that apply. The effect of your immigration history will depend on your individual circumstances, including the length and reasons for the overstay and any exceptions that may apply. Professional legal advice should be obtained before making an application.

The evidence required depends on the basis of your claim. It may include evidence of family relationships, residence, cohabitation, children’s circumstances, personal connections in the UK and other factors relevant to your case. The evidence requirements can differ depending on the specific route being relied upon.

Potentially. The Private Life route contains specific requirements concerning continuous residence and other circumstances. For example, an adult who has lived continuously in the UK for more than 20 years may meet one of the relevant eligibility requirements. Where an adult has not lived in the UK for more than 20 years, the rules may require consideration of whether there would be very significant obstacles to their integration in the country they would have to live in. 

The appropriate next step depends on the decision you receive. Some human rights decisions may carry a right of appeal, while others may be subject to different procedures or may not carry an appeal right. If you receive a refusal, it is important to obtain legal advice promptly so that the decision, any appeal rights and relevant deadlines can be reviewed.

Yes. We can review the refusal decision, consider the reasons given by the Home Office and advise you on the legal options that may be available. Depending on your circumstances, this could involve an appeal or another appropriate immigration remedy. The available option will depend on the nature of the decision and your individual circumstances.