Human Rights, Asylum Claims & Visa Overstayers

Human-rights applications for overstayers

Overstaying does not automatically prevent a person from making a human-rights application, but the immigration history must be addressed carefully. The Home Office will consider the relevant Immigration Rules, the evidence of family and private life and whether refusal would breach the UK's human-rights obligations.

Cases involving a partner or child

An application may rely on a genuine relationship with a British citizen, settled person or qualifying child. The outcome will depend on the precise family circumstances, whether it is reasonable for family life to continue outside the UK and whether the requirements of the partner, parent or exceptional-circumstances provisions are met.

Private life and long residence

People who have lived in the UK for a substantial period may have a private-life claim. The applicable test depends on age, length of residence and the obstacles the person would face on return.

Evidence and legal representations

A strong application should explain the full immigration history and provide focused evidence of relationships, dependency, residence, health, education, employment, community ties and conditions in the country of return where relevant.