The Human Rights and Private Life Visa category is for persons who cannot make an application in the UK or cannot meet the requirements of the Immigration Rules of any application in the UK; and, have established a family life with a settled or British citizen partner and children and private life through a long period of continuous residence in the UK.
Eligibility for a Human Rights and Private Life Visa application
Under the Human Rights Act 1998 it is unlawful for any public authority, including the Home Office (UK Visas & Immigration) and its immigration officers to act in a way that is inconsistent with the rights set out within the European Convention on Human Rights.
The protection of the European Convention on Human Rights extends to every person within the United Kingdom and also to those under the authority and control of the UK immigration authorities.
Requirements for a Human Rights and Private Life Visa application
In certain circumstances, you may be able to apply for leave to remain in the United Kingdom on the basis that to require you to leave would breach your human rights. Anyone subject to an eligible immigration decision also has the right to appeal to the Immigration Tribunal on the ground that the immigration decision breaches their human rights.
The most common human right provision of the European Convention on Human Rights that is engaged in an immigration context is Article 8: right to respect for private and family life.
The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
Meeting the Human Rights and Private Life Visa Requirement
Article 8 is a qualified right, which means that an interference with your private and family life needs to be disproportionate to constitute a breach of this right. In the immigration context, the right to respect for private and family life will often be balanced against the right of the state to control immigration and protect the economic well being of the country.
If you have a partner and/or child in the UK, Article 8 may be breached if a decision means that you would be separated from your family. It may also be breached if you have resided in the UK for a long period of time and established substantial ties here. You will need to demonstrate that there would be insurmountable or very difficult obstacles from your private and family life continuing when you leave the UK and you and your family reintegrating into life in your country of origin.
The Home Office must have regard to the best interests of the child when exercising its immigration functions. However, it should be noted that the Home Office does not treat the best interests of the child as paramount consideration above all other factors and often decides that it is the child’s best interests to be with their parents which would be your country of origin.
Satisfying the High Evidential Threshold in Human Rights and Private Life Visa application
The Human Rights and Private Life Visa application carries a high evidential threshold to meet for a successful application because any successful decision is based on the Home Office exercising its discretion in your favour. Therefore, in order to prepare a successful application, you will need to obtain much more evidence that you would ordinarily have to provide with any other immigration application and you will need to persuade the Home Office by reference to your evidence that there a strong Human Rights and Private Life grounds for the application to be decided successfully in your favour.
The types of evidence you will need will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
Settling in the UK under the Human Rights and Private Life Visa
If you have been granted the Human Rights and Private Life Visa, you will be on the 10 years settlement route to obtain your Indefinite Leave to Remain. This is because as the Human Rights and Private Life Visa is leave to remain granted on a discretionary basis and outside the Immigration Rules, the usual 5 years settlement route in other immigration and visa application does not apply and your settlement in the UK would be under the 10 years settlement route.
Making a Human Rights and Private Life Visa application with OneLaw Chambers
At OneLaw Chambers, our immigration solicitors and barristers regularly assist with UK Human Rights and Private Life Visa applications in order for applicants to remain and settle in the UK with their families. We have assisted many foreign national applicants to prepare and submit successful UK Human Rights and Private Life Visa applications and we have represented clients from all over the world.
Whether you require expert immigration advice on the requirements of the Immigration Rules, an independent immigration assessment of your prospects of qualifying for a UK Human Rights and Private Life Visa or professional immigration representation with preparing your UK Human Rights and Private Life immigration application, our immigration solicitors and barristers can help you.
We are committed to ensuring that our immigration solicitors and barristers prepare every immigration visa application with utmost quality and skill so that successful outcome is achieved every time. Our immigration solicitors and barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire immigration application process.