Our solicitors and barristers recently received the wonderful news that our client’s (the Applicant) Human Rights application had been granted. The Applicant did not meet the requirements of an application under the Immigration Rules, therefore, we had to consider an application outside the Immigration Rules. The Applicant had informed us that she wanted to apply for leave in the United Kingdom on the basis of her family life in the United Kingdom and had informed us of her ill health. Our solicitors and barristers knew from the onset that the Applicant’s application would be difficult but were determined to assist the Applicant in her time of need. It was clear the Applicant had established family life in the United Kingdom and it would have been unreasonable and unjust if she was removed from the United Kingdom. Especially as she was receiving ongoing medical treatment in the United Kingdom.
The case for a Human Rights application
The Applicant was a South African national residing in the United Kingdom. The Applicant had entered the United Kingdom on a Standard Visitor visa. However, due to her ill health, she overstayed the prescribed 6 months and did not return to South Africa once her visa had expired. Prior to this, the Applicant had always complied with her immigration conditions and was considered to be someone of good character. We were instructed that the Applicant had entered into a relationship with a British national. She had also established a loving relationship with her partner’s children. The Applicant had instructed us to prepare a Human Rights application on the basis of her Private and Family life under the ECHR.
In our initial consultation, we informed the Applicant of the merits of her case and how our expert immigration team comprising of both solicitors and barristers were able to assist in securing her status in the United Kingdom. We also took detailed instructions from the Applicant regarding her domestic circumstances. From the onset, our solicitors and barristers had advised the Applicant of the relevant documents required to submit a successful application. As this was a Human Rights application outside the Immigration Rules it was crucial the correct supporting documents were submitted with the application and strong legal representations were prepared. Our solicitors and barristers prepare bespoke legal representations for every case ensuring the correct consideration is given to an application by the Home Office. We prepared the Applicant’s Human Rights application to a high standard and as recognition of this, the Home Office granted the application. We pride ourselves on the service we provide and our ability to provide solutions to our clients who encounter problems with the Home Office.
Following the success of our client’s Human Rights application, the following 5-star review was left on our service:
“I retained LEXLAW as my immigration consultants in 2017. They have been efficient in every aspect of my case and effective with a very positive outcome for me and my family. I would recommend them to anyone seeking immigration advice and will definitely be retaining them for any future consultation I may require regarding immigration to the UK.”.
How to submit a Human Rights application outside the Immigration Rules
Where an Applicant does not meet the requirements of a UK Visas and Immigration application or does not fall under one of the prescribed categories, an outside of the Immigration Rules application can be made. The purpose of submitting an application outside of the Immigration Rules is to ask the Home Office to exercise its discretion in exceptional circumstances. The Home Office accept that there are some cases where it is necessary to apply discretion in order to prevent a serious breach of any of the fundamental rights under the European Convention such as Private and Family Life under Article 8 ECHR. The following steps must be taken to submit a successful application:
- The first step in preparing a Human Rights application is establishing the basis of the claim. It is important to note your Human Rights application may be deemed invalid if there is an application under the Immigration Rules available;
- Secondly, it is important to obtain the correct evidence in support of the Human Rights claim i.e. if it is on the basis of a threat to life then there must be evidence submitted in support of this; and
- Thirdly it may be helpful if an Applicant obtains an independent report in support of the Human Rights claim.
In addition to the above, it is important detailed legal representations are submitted with the application explaining the circumstances behind the Human Rights claim. There is ample case law on Human Rights claims and reference should be made to these in the representations as this will help the Home Office caseworker in deciding whether to grant the application.
Using Legal Representation to Submit a Human Rights application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Human Rights application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject underprepared Human Rights applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully Submit a Human Rights application Application
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 prospects of submitting a Human Rights application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Human Rights application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices 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. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. 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 a Human Rights application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.