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Article 8 Family Life Cases

Working for you and with you

If you’re concerned about your right to remain in the UK, you may be able to apply for the right to remain based on a human rights argument: your right to family and/or private life in the UK. This right is known as an Article 8 right, because it comes from Article 8 of the European Convention on Human Rights, which is part of UK law through the Human Rights Act.

Article 8 human rights act immigration cases are some of the most common, successful types of claims made under Human Rights immigration. In this scenario, a foreign national who has no valid visa can be granted the right to remain in the UK on the basis of their family life.

What is Article 8: Right to family life

Your family life is your relationships with members of your family including your partner, or any children under 18. Under the Article 8 UK immigration rules, your relationships with these family members has a right to be protected. Individuals can be granted leave to remain in the UK if they can prove that being removed or deported would breach their Article 8 rights.

Our team of specialist immigration lawyers at Westkin have a wealth of experience in assisting individuals in Article 8 immigration cases and family life cases, helping them to exercise their right to remain in the UK. We understand that it’s a daunting area of immigration law and an emotional situation to be in, however our team is on hand to help. For a confidential chat about how we can help, please call our office on 020 3820 3602 or contact us through our website.

When is an Article 8 case appropriate?

There are many occasions when an Article 8 family life case would be appropriate. Most common are cases where a foreign national has overstayed their visa, but has developed a relationship with an individual who lives in the UK. If there are children or other compassionate factors involved in the case, the foreign national may have the right to remain in the UK under the Article 8 right to family life immigration rules. This means that even if the individual does not have a UK visa, they should not have to leave the U.K to regularize their stay, as this is not in the best interests of the child.

What are the requirements of Article 8 UK immigration cases?

The key to winning a family life case is usually based on the evidence which can be provided to support your application. It is essential that the individual is able to provide detailed evidence confirming that the child was born in the U.K and what role the individual plays in the child’s life. 

Our team of specialist immigration lawyers are well experienced in helping individuals with their Article 8 right to family life immigration cases. Our team will work with you in collating the necessary documentation for your case, and submitting crucial evidence before the decision maker.

It is also important that accurate witness statements  are submitted as part of your application to support your case. Witness statements allow for our clients and their partners to set out their side of the story in their own words. This is important as it gives the decision maker the real story behind the documents.

Our team of experienced lawyers are on hand to make the process easier for you. UK immigration rules on family settlement are complex, and Article 8 cases are a difficult area of the law to understand alone. With their many years of experience, our team can assist you in identifying the grounds for your case and advising you on the best way to proceed. We pride ourselves on offering clear and expert advice that will place you in the best position possible to build a strong case and achieve the decision that you want.

Contact our office on 020 3820 3602 or get in touch via our website to speak to our team about your family life case.

Article 8: Family life case fees

If your application isn’t part of an asylum claim, you are also likely to have to pay the application fee. The fee will depend on what kind of application you are making, if you are in the UK or outside the UK, and how many dependents you are including in the application.

Article 8 immigration appeals

If an application that includes arguments based on your family/private life is refused, you may have a right of appeal. The Home Office may say, however, that they consider your human rights claim to be “clearly unfounded” and “certify” your claim. This means you do not have the right to appeal the refusal in the UK.

If you require assistance with your case, or you’re concerned about your position in the UK, please get in touch by calling our office on 020 3820 3602 or through our website. Our service is completely confidential and your first call is always cost-free and commitment-free.

Westkin Associates

info@westkin.com

5th Floor, Maddox House,

1 Maddox Street

Mayfair

London

W1S 2PZ

United Kingdom

020 3820 3602

© 2019 Westkin – London Immigration Lawyers

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