Human Rights Application for Leave to Remain Outside the Immigration Rules Success Story

LEXVISA is thrilled to announce that our client (“the Applicant”) has recently been granted Leave to Remain outside the Immigration Rules. The Applicant made a Human Rights Application due to her exceptional circumstances and not being able to satisfy all of the Immigration Rules. Due to the short deadline to submit the Applicant’s application, our specialist Immigration Team worked around the clock to ensure the application was prepared as strongly as possible to give it the greatest chance of success.    

The case for a Human Rights Application outside the Immigration Rules

The Applicant is a Mexican national and is the spouse of a British citizen present and settled in the UK. The Applicant had been granted an entry clearance spouse visa but when it was time to make her spouse visa extension application, the couple were unable to meet the minimum income requirement. Consequently, the Applicant returned to Mexico before the expiry of her initial spouse visa, but then returned to the UK 3 months later on a visitor visa. Whilst the Applicant’s was in the UK as a visitor she realised she was pregnant with twins. Unfortunately, she experienced problems during the pregnancy which led to the twins being born prematurely. Obviously, the Applicant remained in hospital with her twins until they were discharged, but their ongoing health complications required the Applicant to remain in the UK with her two babies in order to facilitate for their nutrition, health, and development.

Whilst the Applicant met all of the requirements for a spouse visa, she did not have leave to remain in the UK for a period over 6 months and for this reason may not meet the Immigration Status requirement. The Applicant, therefore, contacted us just before the expiry of her visitor visa and instructed us to prepare her application for further leave to remain outside the Immigration Rules on the basis of her family and private life with her British citizen husband and children and exceptional and compassionate circumstances.

What is a Human Rights Application outside the Immigration Rules?

In exceptional circumstances whereby Applicants do not meet all of the Immigration Rules for their visa application, a Human Rights Application outside the Immigration Rules may be made. This will largely rely on the Applicant’s Article 8 ECHR rights. The relevant Home Office guidance provides that:

“If an applicant solely for the 10-year private life route does not otherwise meet the requirements of those Immigration Rules, the decision maker must move on to consider whether, in light of all the information and evidence provided by the applicant, there are exceptional circumstances which would render refusal a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. Where there are, leave to remain outside the Immigration Rules should be granted, on a possible 10-year route to settlement”.

Our expert Immigration Team prepares detailed and comprehensive representations to accompany Human Rights Applications outside of the Immigration Rules in order to explain the exceptional and compelling circumstances. If you do not meet all of the Immigration Rules but feel you have exceptional and compelling circumstances as to why you think you should be granted leave outside the rules based on your Article 8 ECHR, then contact our Immigration Team today to book a consultation to discuss your matter further.

Using Legal Representation to submit a Human Rights Application outside the Immigration Rules

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Human Rights Application outside the Immigration Rules.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Human Rights Application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application has the greatest chance of success.

Successful Human Rights Application outside the Immigration Rules

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Human Rights Application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration Application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your UK Standard Visitor Visa Application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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