The UK is obliged to protect your human rights when they make decisions which affect you or your loved ones. Unfortunately, the authorities do not always get it right, and their actions could result in a breach of your basic rights. We have an excellent reputation in protecting our clients’ human rights.
Whether you or a loved one are lodging an application to enter or remain in the UK, or are otherwise appealing against a refusal by the Home Office, you may be able to rely on your rights under the ambit of the Human Rights Act. In this section, you will find an overview of the options available.
Private life applications generally apply to those who are:
Under any of the above routes, the applicant would need to show that they would have difficulties living in the country they would be returned to.
Under the 20-year application, the applicant needs to show unbroken years as the Home Office can and does reject applications in some cases where the applicant’s stay is broken. (Continuous stay in considered to be ‘broken’ where the applicant has spent any period of that 20 years outside the UK). When an application is initially made for this, the applicant can apply for a 30-month stay. This can be renewed up to 28 days prior to the initial expiry of the visa. After 10 years on this visa, the applicant can apply for Indefinite Leave to Remain.
In the case of an under-18-year-old who has lived in the UK for 7 years, the applicant should be aware that the 7 years does not include any prison sentence. A review will be made which takes account of what is believed to be in the best interests of the child, the immigration status of their parents and said parents’ financial circumstances. The Home Office will also assess the present circumstances of the country they are originally from and the medical conditions of the child and the parents. The parents of the child can also apply for up to a 30-month stay along with their child. This can be renewed up to 28 days prior to the initial expiry of the visa. After 10 years on this visa, the applicant can apply for Indefinite Leave to Remain. When the applicant is between 18 and 24 and they have lived over half their life in the UK, they face exactly the same process in terms of visa length, renewal and application for Indefinite Leave to Remain.
The toughest category to apply for, in terms of the private life visa, is the adult who has lived in the UK for less than 20 years as the applicant will need exceptional circumstances to even be considered for this visa. Should the applicant be successful, they will have to undertake the same process of a 30-month visa that can be extended up until the 10-year point when they can then apply for Indefinite Leave to Remain.
Temple Gate Solicitors are specialised in Human Rights applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.
This type of situation is one where the Secretary of State for the Home Department can step outside the normal rules and criteria for a visa and listen to the individual case. If they believe there is sufficient evidence on the grounds of compassion or compelling circumstances then they can allow an application to go through on this basis.
There are two main routes for this: the first is the 6-year route – strictly speaking this is two periods of 3 years. For the first route, at the end of the first 3 years, a second application can be made and if this is successful, at the end of the second 3-year period the applicant can apply for Indefinite Leave to Remain. For the second route, the 10-year one, like the private life route, each visa will last for 30 months and an application can be made to extend repeatedly up until the10-year point. At this point, the applicant can then apply for Indefinite Leave to Remain.
Temple Gate Solicitors are specialised in Human Rights applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.
Another way in which an applicant can apply for Indefinite Leave to Remain is based on the length of residency in the UK. The minimum length is 10 lawful and continuous years’ residency in the UK where there is nothing to suggest that Indefinite Leave to Remain would be acting against the public good. This application is dependent on the applicant passing the English language and residency criteria. This continual residency only counts if the applicant has not left the UK for a period of more than 6 months at a time during this period.
Temple Gate Solicitors are specialised in Long Residence applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.
A stateless person is deemed not to be a national of any state and such individuals are presently looked after by UN organisations. They must have committed no crimes and must not have acted in a way to undermine the ideals of the UN.
They can apply for limited leave to remain in the UK as long as they can provide evidence of their statelessness. Once the initial visa period of 30 months has run out, the applicant is entitled to renew this visa. At the end of 5 years they can apply for Indefinite Leave to Remain. A family member of a stateless person can also be given a 30-month visa which can be extended. Indefinite Leave to Remain can be applied for at the end of the 5-year process.
Temple Gate Solicitors are specialised in Stateless Person applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.
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