Making human rights visa applications
Individuals seeking asylum may be granted Human Rights protection if they are in danger of life or person upon returning to their home country. This is often the case where individuals have no other safety recourse, but do not meet Refugee Status criteria.
Eligibility Requirements
If you fear serious consequences upon returning to your country of origin, the Home Office may grant eligibility based on a risk assessment. This can range from life-threatening issues to persecution and harm beyond measure.
The risk to life or person can arise from:
The death penalty
Unlawful killing or
Torture or inhuman or degrading treatment or punishment.
Unless your circumstances meet specific criteria, you may be ineligible to receive the special benefits of Humanitarian Protection for the following circumstances:
Serious grounds for considering they have committed a war crime, crime against peace, a crime against humanity, or another crime grave in nature
Serious grounds or evidence for considering they are a threat to society or they are responsible for instigating acts or convinced others to commit
The applicant committed crimes outside the United Kingdom and if the crimes were committed in the UK, they would be punishable.
Which types of application fall under humanitarian protection?
Are you considering applying to remain in the UK? You could be eligible under your right of family/private life, which is based on Article 8 of the European Convention on Human Rights.
Furthermore, individuals are protected from torture and other inhuman or degrading treatment or punishment by virtue of Article 3 ECHR - a law that exists through the Human Rights Act 1998 for those living in Britain.
Application for Article 3 Right to prevention from torture, inhuman or degrading treatment
Our team of experienced human rights lawyers can help you navigate the challenging process for claiming Article 3 protection. This right is absolute, and there are no exceptions to its application - if it passes the high threshold set by UK law then removal from the country cannot be permitted in any situation that would expose an individual to real risk of serious harm or torture. Get professional advice today with your safety assured.
An Application for Article 8 Right to Family and Private Life
At the heart of meaningful life experiences lie your relationships with members of your family. The European Convention on Human Rights' Article 8 recognises these bonds as constituting familial relations; a special category that includes any children under 18, wives or husbands and civil partners/long-term partnerships you may be connected to. However, this definition can change depending upon individual circumstances – which can range from private pursuits such as work commitments, socialising activities and participation in local communities or charitable endeavours.
Outcomes of the application
Depending on the type of application you make, there will be an associated length for your permission to stay in the UK. Should a rejection occur due to personal or family-based claims, it is possible that no right of appeal exists; instead consider a judicial review as an avenue for challenging such decisions.
If your case does not meet the guidelines of Immigration Rules, there is still a chance for you to get leave to remain in the UK if compelling factors or insurmountable obstacles present strong evidence that removing you would go against human rights. Utilise Article 8 grounds and apply outside of traditional regulations.
How long is Leave To Remain granted for?
UK residents with Humanitarian Protection can be granted up to five years of residency, during which time they're eligible for Indefinite Leave to Remain in the country. However, if their situation improves and it is safe for them return home, then a departure from the United Kingdom will be required.
Talk to us confidentially and we can help.