Applying To Remain In The UK On Human Rights Grounds

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At present the UK is a signatory to the European Convention on Human Rights. This Convention guarantees certain basic human rights including:

  • the right to life (Article 2)
  • freedom from torture (Article 3)
  • freedom from slavery (Article 4)
  • the right to liberty (Article 5)
  • the right to a fair trial (Article 6)
  • the right not to be punished for something that wasn’t against the law at the time (Article 7)
  • the right to respect for family and private life (Article 8)
  • freedom of thought, conscience and religion (Article 9)
  • freedom of expression (Article 10)
  • freedom of assembly (Article 11)
  • the right to marry and start a family (Article 12) and
  • the right not to be discriminated against in respect of these rights (Article 14).

If you believe that removing you from the UK would infringe any of those rights, you may have a claim to remain in the UK on human rights grounds. These claims are often difficult to establish. They are highly dependent on case law. Therefore, it is very important that excellent legal advice is obtained before such a case is made to ensure that any claim is properly protected and pursued.

Expert immigration advice

Unfortunately, if you make a serious mistake in your application (however innocent or unintentional), not only that your application may be refused but you may also be banned from the UK for up to 10 years. Due to the potential exchange of information between different countries, an application refused by the UK Home Office may also affect your chances of getting a visa for other countries. It is, therefore, always much better to properly prepare and invest in the initial application. This should secure a positive and desired outcome first time and avoid significant negative consequences (including extra costs, delays, stress and bans) for failing to do so.

Investing in specialist knowledge will enable you to make an informed decision as to how to proceed. It could also prevent you from making costly mistakes or missing opportunities. If you need advice on your right to remain in the UK, contact our expert team of immigration solicitors today.

Immigration Team

Vladimir Mikeljevic


0113 297 3177

Vladimir is a Level 3 (Immigration Law Advanced) Law Society accredited immigration solicitor. Read More.

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