Where a person does not qualify under any of the standard visa routes, they may still have a basis to remain in the UK founded on their private and family life under Article 8 of the European Convention on Human Rights. This might apply where a person has built up a significant private life in the UK over many years, where they have established family relationships with people settled here, or where removal would have a serious impact on a dependent child who is a British citizen or has lived in the UK for a significant period.
Applications on Article 8 grounds are assessed under the private and family life provisions of the Immigration Rules, and outside those rules in exceptional cases where the rules do not adequately reflect the individual's circumstances. The Home Office weighs the right to respect for private and family life against the public interest in maintaining immigration control. Strong cases are those where the ties to the UK are deep and well-evidenced, and where the consequences of removal would be clearly disproportionate.
NARA Solicitors advises on the strength of Article 8 claims, the evidence needed to support them, and how to present the human rights case most effectively. We have experience with applications involving long residence, children's best interests, dependency on family members in the UK, and other complex personal circumstances. If you have previously been refused on human rights grounds, we can advise on whether there are grounds to challenge the decision or make a fresh application.