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Human Rights Application

London Solicitor Human Rights Application

Do you have a family here or have you been here for a long period of time and want to know what you can do to regularise your stay in the UK?

You can make an application to remain in the UK on the basis of Human Rights pursuant to the Human Rights Act 1998.

A common Article which will be used will be Article 8, namely right to respect for private and family life. A person who has established his private and family life can apply to the Home Office, UKVI for permission to stay in the UK under this Article.

Article 8 states:

  1. Everyone has the correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

As of 9th July 2012, applications under Article 8 are dealt with under the Immigration Rules, in particular under Rule 276ADE(1) and Appendix FM.

In order to show that there is an interference with a person's Article 8 request, you will need to show that there is an Article 8 relationship. This will be a family relationship. In terms of private life, the concept of private life is a very broad one and has not been defined comprehensively by the Court.

If a case is a ‘foreign case’, i.e. you are not in this jurisdiction, there is a further threshold which needs to be applied, namely that it has to be shown that there will be a ‘flagrant denial’ of the right in the question if it is not an absolute right.

There are a number of options in terms of making an application on human rights grounds. At MFI Law Ltd, our immigration lawyers can advise you as to the best option for you to take, on what Article, and how best to proceed with such an application.

If the application is successful then the Home Office will decide on the length of term that the visa will be granted. In some cases, it is possible to have a term of 30 months granted but this is not always the case.

There may be further requirements to meet depending on your specific circumstances.

Please call us for more information and/or advice on 020 8004 9199 / 0208 679 5100 or alternatively, on 07724 513 822 or send us an email to see how we can help you.

Our service

At MFI Law Limited Solicitors, our Immigration Solicitors are passionate about the work they do on behalf of their clients. They are able to deal with a wide range of matters concerning human rights based categories. Whether it is an application for entry clearance or leave to remain or indefinite leave to remain, our Immigration Solicitors can help you.

Our Immigration Solicitors have the experience and expertise to handle any applications concerning human rights based categories. At MFI Law Limited Solicitors, we will endeavour to ensure that your application is prepared carefully in accordance with the relevant Immigration laws including Appendix FM and that is submitted to the Home Office in a timely manner.

How we can help you

For a majority of our immigration matters, we charge a fixed fee.

It is our usual practice to require any fees that are payable for work to be done on your behalf to be paid in advance before any work is carried out. This means that you must pay before any work is started, including applications that need to be submitted to the Home Office or for any appeals that need to be lodged with the First‐tier Tribunal.

However, we do understand that not everyone will be able to pay in this manner. That is why we offer flexible payment options for individual clients.

For a confidential consultation to speak with us about how we can help you about your immigration matter, please call us on 020 8004 9199 / 0208 679 5100 or alternatively, on 07724 513 822 or send us an email.

We are happy to discuss your immigration matter with you over the telephone initially so that you can decide before what you want to do or how you wish to proceed. If you are interested in seeking more information and/or advice and want to see us for an appointment in person, we ask for an initial payment on account of £150.00 to be made in advance to us after which an appointment is arranged with one of our Immigration Solicitors.

If you do instruct us and proceed ahead with the making of any application or appeal, this initial payment will be taken off the cost of the matter that we deal with on your behalf. However, in the event that you do not proceed and instruct us on any matter, then the initial payment will cover the cost of the appointment and will be non‐refundable.

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