Human Rights Claims

Human Rights and Immigration Law

The very strong idea that fundamental human rights must be cherished, and that only the law may take it away, is one that has been prevalent in British courts for centuries.

Today, the Human Rights Act 1998 (HRA) safeguards fundamental human rights in the UK. The HRA gives further effect to rights and freedoms guaranteed under the European Convention on Human Rights. This means that fundamental rights outlined in ECHR can now be directly enforced in national courts. The fundamental rights are:

  • The right to liberty and security

  • The right to life

  • The right to no punishment without law

  • The right to fair trial

  • The right to respect private and family life

  • The right to marry

  • The right to a remedy of human rights abuses

  • Freedom of thought, conscience and religion

  • Freedom of expression

  • Prohibition of discrimination

  • Freedom of assembly and association

  • Prohibition of torture

  • Prohibition of slavery and forced labour

  • Prohibition of the abuse of rights

Human Rights Visa.

If you have been refused entry or remain in the United Kingdom, you can appeal against this decision under the ambit of the HRA 1998.

An application made under the HRA called a Discretionary Leave application. The applicant must prove that there are exceptional, compassionate and compelling circumstances that mean they can enter or remain in the UK.

Requirements.

Applicants may seek a leave to enter or remain in the UK under the Human Rights provisions in various circumstances, for example:

  • You must have resided continuously in the UK for at least 20 years

  • You are under the age of 18 years of age and have resided continuously in the UK for at least seven years

  • You are aged 18 years or above – but under 25 years – and have spent at least half of your life residing continuously in the UK

  • You are aged 18 years or above and have resided continuously in the UK for less than 20 years and have no social, cultural, or family ties with your country of origin.

Please note, this is not an extensive list, please speak to us about your individual situation.

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Human Rights and Immigration Law

The very strong idea that fundamental human rights must be cherished, and that only the law may take it away, is one that has been prevalent in British courts for centuries.

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EUSS Family Permit EUSS Family Permit

The European Union Settlement Scheme (EUSS) family permit allows an eligible non-EEA citizen to join or accompany an EEA or Swiss national with pre-settled or settled status in the UK.

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Retained Right of Residence Visas Retained Right of Residence Visas

The Immigration (European Economic Area) Regulations 2016 allows certain family members of EU, EEA or Swiss nationals who are already living in the UK to retain their right of residence in certain circumstances.

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We have broad experience working with private clients, advising and representing their rights in legal institutions on various matters, such as: relocating to the UK, family member’s relocation, skilled immigration, obtaining permanent residence, or British citizenship.

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    From 1 January 2020, applicants who are granted five years limited leave to remain have also started to receive BRP’s endorsed with an expiry date of 31 December 2024.

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    Excellent news; adult dependent relative appeal allowed by the First-tier Tribunal (Immigration and Asylum Chamber)!

    Our client, an Indian national, came to the UK with her husband lawfully to visit their son and grandchildren, who are British nationals. Sadly, her husband passed away suddenly while they were in the UK. Our client had a history of dementia with Parkinson’s disease along with anxiety and depression, which made her return to India unachievable.

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    Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted. 

    Statutory demand 17.05.2021

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