Human Rights Immigration

In some circumstances, individuals may be able to apply to remain in the United Kingdom on the basis of human rights, particularly where removal or refusal would breach rights protected under the European Convention on Human Rights (ECHR), such as Article 8 (private and family life). Human rights-based immigration routes provide a way to seek to remain in the UK when other visa categories are not available or appropriate.

At Mowbray Advisory, we provide clear, OISC-regulated guidance on human rights-based applications, helping you understand how your personal circumstances may engage the human rights framework and how to prepare strong supporting evidence.

What Are Human Rights-Based Immigration Claims?

Human rights immigration claims are routes that allow you to ask the UK Home Office or the courts to decide your case based on:

  • Your right to private and family life

  • Other ECHR rights that may be engaged

  • Compassionate or compelling personal circumstances

These applications are often made in situations where no other standard visa applies and refusal would result in disproportionate disruption to your life or family connections.

Who Can Apply on Human Rights Grounds?

You may be able to apply for leave to remain on human rights grounds if you can show:

Article 8 – Private and Family Life

This is the most common basis and applies where you have:

  • A long-standing family life in the UK

  • Dependants in the UK who rely on you

  • Deep personal ties to the UK due to long residence or personal circumstances

Other Human Rights Considerations

Although Article 8 is the main ground used in immigration contexts, other rights (such as freedom from inhuman treatment) can in rare cases be engaged.

Each application depends on the strength of your personal circumstances and the impact that removal from the UK would have on you and your family life.

How Human Rights Claims Differ from Other Routes

Human rights applications differ from family and private life routes in that:

  • They require a rights-based justification, not just visa eligibility

  • They may arise when no other visa category applies

  • They must balance your individual circumstances against the UK’s immigration objectives

This is a nuanced area of law, and careful evidence gathering and presentation is essential.

Key Elements of a Human Rights Application

Evidence of Personal and Family Life

Detailed documents showing the existence and strength of family relationships in the UK.

Evidence of Integration and Ties

Proof of long residence, community participation, schooling, employment, and other indicators that the UK is your main home.

Impact of Removal

Statements and evidence explaining the impact on you and your family if you were required to leave the UK.

Legal Framework

References to relevant ECHR principles and legal tests applied by decision makers.

Because human rights grounds are sensitive and highly fact-specific, strong professional preparation is important.

Application Overview

While there is no standard form for a human rights application, the process generally includes:

  1. Assessing your personal circumstances
    Reviewing your ties, relationships, residence and family situation

  2. Preparing your supporting evidence
    Gathering documents, statements and testimony

  3. Drafting a rights-based argument
    Explaining how refusal or removal would disproportionately affect your private and family life

  4. Submission and follow-up
    Submitting your application and responding to any Home Office requests

Timescales and requirements vary depending on individual circumstances and the precise legal basis.

Common Challenges in Human Rights Cases

Human rights applications are complex because they involve:

  • Subjective legal balancing tests

  • Detailed case law interpretation

  • Importance of high-quality evidence

  • Potential involvement of appeals or judicial review

Professional assistance can make a significant difference in how your case is presented and understood.

How We Can Help

We provide expert support for human rights-based immigration claims, including:

  • Eligibility and merits assessment

  • Evidence strategy and organisation

  • Drafting and reviewing submissions

  • Preparing you for potential interviews or hearings

  • Supporting appeals where appropriate

Our approach is practical, thorough and tailored to your individual circumstances.

Speak to an Immigration Adviser

If you’re planning to apply for a Human Rights Immigration and want to avoid unnecessary delays or common pitfalls, we can help.
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