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A person who has established a private and family life in the UK can apply to the Home Office for permission to stay in the UK under Article 8 of the European Convention on Human Rights (ECHR).
The courts have held that where the facts of the case are exceptional and the exceptionality test is satisfied, the Home Office should consider the Article 8 claims outside the Rules after it has been considered under the Immigration Rules. In very exceptional cases, it is still possible for an applicant to fail in Article 8 claim under the Immigration Rules but still succeed outside the Immigration Rules due to exceptional compassionate circumstances surrounding the human rights application.
Should you need to discuss your legal matters with us, please call our office on 0141 275 4844 and we will ensure that you are dealt with in a competent and professional manner