Human Rights Applications
Applications can be made under Article 8 of the European Convention on Human Rights (ECHR) (the right to respect for private and family life).
This section introduces you to considering applications or claims made to enter or remain in the UK on the basis of family life.
the Immigration Rules have contained a new framework for considering applications and claims engaging Article 8 of the European Convention on Human Rights (ECHR) (the right to respect for private and family life). Appendix FM to and paragraph 276ADE(1) (now Appendix Private Life) of the Immigration Rules provide the basis on which a person can apply for entry clearance to the UK or leave to remain in the UK on family life grounds or permission to stay here on private life grounds.
There are 2 routes to settlement on the basis of family life as a partner or parent. These are a 5-year route and a 10-year route where:
the 5-year route is for a partner, parent or child who meets all the suitability and eligibility requirements of the Immigration Rules at every stage
the 10-year route is for:
a partner, parent or child who meets all family life suitability and certain eligibility requirements and EX.1. applies under Appendix FM
those who have exceptional circumstances
Applications in respect of children
Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to ensure that immigration and nationality functions are discharged having regard to the need to safeguard and promote the welfare of children in the UK. The consideration of the child’s best interests is a primary, but not the only, consideration in family applications.