Based on a Human Rights argument, you can apply for the right to remain in the United Kingdom. Human Rights recognises family life through the husband-wife relationship, long-term partnership, relationship with a civil partner, etc. Applicants can also show the parent-child relationship as their family life, but in that case, their children have to be under 18 years old. Law that protects people’s right to family and private life comes from Article 8 of the ECHR(European Convention on Human Rights). That’s why it is also known as Article 8 right. It is a part of UK law under the Human Rights Act, which is also applicable after Brexit.
Understand Your Family and Private Life
According to Article 8 of the European Convention on Human Rights, your family life may consist of a relationship with your:
- Civil partner
- Long-term partner
- Children under 18, etc.
You can’t include your work, study, neighbours, friends, participation in charity activities or local community in your private life. In other words, according to laws, your family life can only consist of your relationships with your family members.
An applicant’s relations with other family members, except those mentioned in the above pointers, may not always be considered the applicant’s family life under Article 8.
A Quick Glimpse Over the Article 8
Article 8 of the ECHR says:
#1 All individuals have the right to respect their private and family life, home, and other correspondences.
#2 Public authority can’t interfere in someone’s private life unless it is indispensable for:
- Public safety
- National security
- The economic well-being of the nation
- The prevention of crime and chaos
- The protection of others’ rights and freedoms
- The protection of health or morals
Kindly note that Article 8 is not entirely absolute. It means that these rights can lawfully be breached in different circumstances.
You will be placed on the Ten Year Route to Settlement if your application for the right to family and private life in the UK gets successful. In that case, you will initially get a leave for 30 months. You must keep renewing it at the end of each 30-month period for ten years. After that, you can finally apply for Indefinite Leave to Remain.
You can also include your children or partner in your application even if they don’t possess any lawful immigration leave. For instance, you can argue that your child has spent more than seven years in the United Kingdom and, therefore, he or she should not be refused leave to remain. Meanwhile, you can also argue for your own stay in the UK as the parent of your child.
We recommend seeking expert advice before submitting any application that includes arguments based on family and private life. After all, laws and regulations regarding UK visas are a bit complicated and must be handled with care. Committing any mistake while submitting the private life application form may ruin your dream of living in Great Britain.
Intime Immigration Ltd(Intime Solicitors) is the only help you will ever need while applying for family private life leave to remain. From client representation to giving them expert legal advice, we do everything in our power to protect our client’s right to be with their family and lead their private life without any hassle. Contact us now for a free consultation.