In the event of an unsuccessful application for UK entry or residency, you may have the right to argue your case on the grounds of your human rights. According to the official terms of the European Convention on Human Rights (ECHR), it is illegal for any government institution in Europe to reach a verdict or enforce any action that infringes the human rights of the prospective applicant/individual.
Article 8 of ECHR: Right of Private & Family Life
This entry to the European Convention on Human Rights refers to the entitlement of every individual to a family and private life. The concept of family life was formalised in a legal sense by recognising the relationships between family members, including parents and children, brothers and sisters or relationships formed by way of marriage or civil partnerships.
Private life refers more to an individual’s right to preserving their privacy, which includes not having to disclose their sexual orientation, the right to choose their own physical appearance and the guarantee of privacy and confidentiality when sharing personal information.
While it is possible for a public authority to legally interfere with Article 8 of the European Convention of Human Rights, they must be able to demonstrate that doing so is necessary. For example, their actions may be justified on the grounds of crime and disorder prevention, preservation of the country’s economic wellbeing, public safety purposes, national security and so on.
Important Elements of Article 8
- Everyone has the right to respect for their privacy, their family life, their home and their correspondence
- There shall be no interference by a public authority with the exercise of this right, unless such interference is deemed lawful and necessary one
Residency Requirements
UK immigration policy outlines a series of mandatory requirements, which must be fulfilled for an application to be accepted:
- The applicant must have lived continuously in the United Kingdom for a minimum of 20 years; or
- Applicants under the age of 18 must have lived continuously in the UK for a minimum of seven years; or
- If the applicant is aged between 18 and 25 years, they must have resided in the UK continuously for a minimum of half of their life; or
- For an applicant aged between 18 and 20, they must have resided continuously in the UK and have no cultural, social or family ties with their country of origin.
Getting to grips with immigration issues based on human rights can be challenging and calls for expert legal support. If you feel your case has merit based on your human rights or you’re simply unsure where you stand on the subject, we’re standing by to help.
Contact a member of the team at Artistone Solicitors today to book your obligation-free consultation with a member of our legal team.
