Head Office:
5th Floor Maddox House, 1 Maddox Street, Mayfair, London, W1S 2PZ

Human Rights

Human Rights – Family Life

The government, on 2nd October 2000, allowed rights under the European Convention of Human Rights to become incorporated into UK law by the Human Rights Act.

This and other legal changes arising out of subsequent Immigration Acts mean that in Human Rights arguments can be raised in all appeals before Immigration Judges, not just Asylum appeals. The most commonly raised argument in Human Rights appeals is based upon family life that may be split if one member is removed from the United Kingdom.

These rights are provided for by Article 8 which states:

1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

This is not a simple area of law and needs specialist advice. What we look to do in family life cases is:

  • Gain evidence of the family ties, it is not enough merely to state that you have family in the UK, the family members must support the application or appeal by making statements, attending court, providing photographs and other documents showing the closeness of the family ties.
  • We then seek to show that the closeness of the ties, as well as the profile of our client outweighs the Home Office’s desire to return the person to the country of origin. We will do this by looking at the case as a whole and producing a detailed and lengthy list of reasons why our client should be allowed to remain in the country, including length of residence in the United Kingdom, medical issues, delay on the part of the Home Office, previous immigration history, previous criminal history, cultural factors, conditions in the country of origin and any other compassionate factors.

The law in this area changes frequently and our experienced lawyers are on hand to counsel and represent clients to ensure best prospects of success.

Asylum and human rights are complex areas of law and legal representation is essential to obtain a successful outcome. A majority of applications are refused at the initial application stage by the Home Office and it is necessary to lodge an appeal which is heard initially by an immigration judge. It may also be possible to pursue applications to the High Court for Statutory Review or Judicial Review.

Amongst London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.

Please contact us for further information.

Westkin Associates

info@westkin.com

5th Floor, Maddox House,
1 Maddox Street
Mayfair
London
W1S 2PZ
United Kingdom
0207 118 4546

© 2019 Westkin – London Immigration Lawyers

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Immigration Cases

Human Rights Frequently Asked Questions

There are several ways to obtain a visa based on Human Rights, these include persons whom have spent a significant length of time in the UK, persons whom have children whom are British or lived in the UK for 7 years. As well as people who would face very significant obstacles if they had to leave the UK.
If you are the parent of a child whom is British or you have a child whom has lived in the UK for 7 years or more. you may qualify for a visa. To get this visa you must show that it would be unreasonable for you and your child to not return to your home country.
Although we regularly work with Charities and Migrant Support groups, we does not offer legal aid for Human Rights or other types of Immigration cases. The reason for this is that we believe that all Immigration matters require the adequate time and attention to ensure a client has the best chance of success.
The length of time that you must have been in the UK in order to get a Human Rights visa depends on your age and circumstances. In general this is 20 years for anyone over 18. More than Half their life if they are under 25, or if you have a qualifying child or partner in the UK.

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