Human Rights

Norman Lawson & Co., Solicitors provide expert immigration services to clients of all nationalities from all over the world.

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.

• Various applications which can be made by applicants under Article 8 of the ECHR include the following:
• 20 years long residence (10 years route to settlement
• Child who has lived in the UK for 7 years continuously
• A person who is over the age of 18 and under the age of 25 and has spent majority of his life in the UK
• A person who is over the age of 18 and has lived less than 20 years in the UK but there would be very significant obstacles to his country of origin
• Family life with partner

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.