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Human Rights Applications

Is your life, or your family's life, established in the UK?

Where someone cannot meet the ordinary rules, an application may still be made on the basis of the right to respect for family and private life.

Advice available in English and Albanian

A mother holding her sleeping child

Refusals & Appeals

Human Rights Applications

Who these applications are for

  • Partners and parents who cannot meet every requirement of the family rules
  • People who have lived in the UK for a very long time
  • Young people who have spent much of their lives here
  • People facing removal who have strong family ties in the UK

What is assessed

The question is whether refusing permission would be a disproportionate interference with family or private life, taking account of the public interest in immigration control.

  • The strength and history of family relationships
  • The best interests of any children
  • Length of residence and ties in the UK
  • Obstacles to family life continuing abroad
  • Immigration and criminal history

Evidence commonly relied on

  • Detailed witness statements
  • Evidence of the relationship and daily family life
  • School, medical and social records for children
  • Proof of residence over the years
  • Medical or expert reports, where relevant

What a grant looks like

Successful applicants are usually given limited permission that has to be renewed, on a longer path to settlement than the standard routes.

If the application is refused

A refused human rights claim normally carries a right of appeal to the tribunal, unless the Home Office certifies it.

Immigration appeals

Frequently asked questions

01Can I apply if I have overstayed?

In some circumstances, yes. Overstaying is weighed in the decision but does not automatically prevent an application.

02Does having a British child mean I can stay?

It is a significant factor, not a guarantee. The outcome depends on the whole family situation.

03Can I work while the application is pending?

It depends on the conditions of any permission you held when you applied.

Speak to a Solicitor

Tell us briefly about your immigration matter and how you would like to be contacted.

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Advice available in English and Albanian

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