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Human Rights

The Human Rights Act is a UK law, passed in 1998. It is used by Immigration lawyers in most applications, regardless of whether the client is a British citizen or foreign national, child or adult. The Human Rights Act is based on Articles of the European Convention of Human rights, and we are effectively able to argue which human rights of our clients should be protected.

The Human Rights Act: Human Rights Articles

Human right are protected by the Human Rights Act 1998 and this Act gives effect to the human rights set out in the European Convention of Human Rights.  Daily we advise our clients in relation to Article 8, the right to respect for your family and your private life, your home and your correspondence. This is one of the rights which is protected by the Human Rights Act.

Article 8

Article 8 is a qualified right which means that an interference with your private and family life needs to be disproportionate to constitute a breach of this right.

What is meant by private life?

Private life has a broad meaning and it covers things such as your sexuality, your body, your personal identity, forming and maintaining relationships with other people.

What is meant by family life?

Family life includes the right to have and maintain family relationships. It covers the right not to be separated from family and to maintain contact.
Family life generally applies only to familial relationships, although the Courts have held in cases with unusual facts, that family life did exist between non-blood relatives.  When a case comes before an Immigration Tribunal the question to the Judge will often be “Is an immigrant’s removal from the UK a disproportionate interference with their private and or family life”.

In an immigration context the right to respect for private and family life will often be balanced against the right of the state to control immigration and protect the economic well-being of the country.

Article 6

We also advise our clients in relation to Article 6, the right to a fair trial.  Individuals have a right to a fair and public trial or hearing.

Article 3

Article 3 of the Human Rights Act is a right not to be subjected to inhumane or degrading treatment and is also widely used in the applications we make to the Home Office.  Article 3 is an absolute right and cannot be breached in any circumstances. An example of withdrawal of medical care or ill-treatment from Government or non-state agents can give rise to a case where you should be granted leave to remain.

Article 5

This is the right to liberty and security. Article 5 of the European Convention of Human Rights provides that everyone has a right to liberty and security of person and none should be deprived of his liberty save for some cases in accordance with the procedure prescribed by law.  The right to liberty is not absolute, although most of the Article is dedicated to a list of conditions under which a person’s liberty can lawfully be curtailed.

We argue that our clients have the right to liberty and it can only be taken away from them in certain circumstances.  Please read more about Article 5 on our web site where we describe the work we do in relation to detention and bail applications.

Applications outside the rules

If your current circumstances do not allow you to apply for the immigration in UK under any of the categories within the Immigration Rules, it is possible to make an application outside of these rules.

As specialist Human Rights & Immigration Solicitors in UK, Parker Law Firm’s team of lawyers have many years of experience making these applications and a high success rate. Parker Law Firm’s legal solutions are creative, as when she prepares your immigration application, we will think outside of the box. Parker Law Firm will prepare for you a tailor-made application, particular to your circumstances and will seek to make the process as stress-free for you as possible. She will research your case thoroughly, take comprehensive statements from you, your friends and family and liaise with third parties where relevant. Her aim is for you to submit the best-prepared application possible in your circumstances, thereby giving you the greatest chance of success.

Immigration applications outside of the rules will usually be made on the basis of your Human Rights and it must be proved that you have particularly compelling circumstances why you should be granted leave in the UK. The Secretary of State will exercise their discretion as to whether or not to grant you leave on this basis

Leave granted under this category is usually limited in duration to 2.5 years, but in particularly compelling circumstances where you are able to prove that there will be no change of circumstances within the next 5 years, the Home Office may agree to grant you Indefinite Leave to Remain.

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Parker Law Firm is a niche firm of specialist Immigration Law and Human Rights solicitors situated in the heart of Cambridge, Cambridgeshire.

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