uk immigration lawyers
uk immigration lawyers
 
Home / Human Rights Applications

Human Rights Application

Individuals who have successfully set up private and family life in the UK are entitled to apply to the Home Office for consent to reside in the UK under the private life factor of Article 8 of the European Convention on Human Rights (ECHR).

Immigration rules have metamorphosed since the 9th of July, 2012 to the era whereby any claim for Article 8 of the European Convention on Human Rights (ECHR) is decided under the immigration rules; unlike the past where all applications made under Article 8 were considered by the Home Office outside the Immigration Rules and under the Discretionary Leave policy of the Home Office.

In circumstance where the case is unique and its exceptionality test is satisfactory, the Home Office is expected to consider the Article 8 claims outside the Rules after it has been considered under the Immigration Rules. It is indeed still a possibility for applicants to fail in Article 8 claim under the Immigration Rule and yet succeed tremendously outside the Immigration Rules as a result of the exceptional compassionate circumstance surrounding the human rights application.

Various forms through which the consent to reside or extend residence under Article 8 of the European Convention on Human Rights (ECHR) are in existence, Such applications include the following:

  1. 20 years long residence (10 years route to settle)
    An individual who has sustained residence in the UK for 20 years within or outside the law can make a formal application seeking approval to remain in the UK for 30 months in accordance to paragraph 276ADE of the Immigration Rule. The applicant can apply for an extension for another 30 months before the cessation of the previously held leave to remain. The applicant is authorized to apply for Indefinite Leave to remain in the UK if they have successfully elapsed 10 years of residency under this category. The inceptive applications for extension under this category are to be made using application form FLR (FP) and an application for ILR using application form SET (FP).
  2. 7 years continuous residence in the UK (child)
    Paragraph 276ADE (1)(iv) of the Immigration Rules requires that an applicant that is under the age of 18 years, who must have lived in the UK for a minimum of 7 years continuously (excluding any period of incarceration), is not reasonably expected to leave the UK. This gives room to the fact that a child that suites this status can apply for “leave to remain” on the basis of private life.
  3. Majority of Life Spent in the UK (Age 18 - 25)
    An individual who has spent greater part of his life in the UK, who is in the age range of over 18 years and less than 25 years; is entitled to apply to the Home Office for “leave to remain” in the UK on the basis of private life. This is further possible if he can exhibit proof that he has spent at least half of his life residing in the UK. The application thus is made using application form FLR (FP); after which the applicant is granted “leave to remain” for 30 months under the 10 years route if the application is successful.
  4. Individuals over 18 years who have continuously resided and lived for less than 20 years in the UK; can apply to the Home Office in order to receive “leave to remain” on the ground of private life in the UK, on the condition that there is a tendency of challenges which he will encounter during the process of coalescing into the country of origin, which he would have to go to if compelled to leave the UK. Only applicants with unique cases have been able to succeed in these circumstances; as it is difficult to meet the conditions of proving that integration into the country of origin would be marred by obstacles. Applications in this category is also made by utilizing the FLR (FP) application form, which when successful grants the applicant approval to remain in the UK for 30 months under the 10 years route to settlement.

Family Life Applications

An individual who is married to or is in civil partnership with a person presently resided in the UK or who is a British Citizen, can apply to the UK Home Office for “leave to remain” in the UK on the basis of family life in the UK with his/her partner. The application under this category is also made by using application form FLR (FP) and if the application is successful, permission to stay will be granted for 30 months under 10 years route to settlement. However, it is important to note that the success of this application is dependent on some important factors. This includes;

  • That the applicant has an enduring and authentic relationship with his/her spouse in the UK and that they face challenges too great to overcome in family life commencing outside the UK.
  • That the applicant has a good parental affinity with a his/her child residing in the UK, who might also be a British Citizen

Human Rights Lawyers London

Reiss Edwards Reviews
5 out of 5 stars 118 Google+ Reviews
reivew immigration lawyer

Immigration Enquiry

subscribe to email and newsletters

Our Brochure

Reiss Edwards immigration lawyers brochure

Arabic Brochure
Reiss Edwards immigration lawyers brochure

Immigration related Testimonials

Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers london that we would be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
The Home Office refused my Tier 1 Entrepreneur extension application. This meant that my family and i would have to go back to Jordan and my business would close down. I needed a good immigration lawyer to put in a very strong appeal. I approached Reiss Edwards based on a friend's recommendation and they put together a very strong appeal. I read the grounds of appeal and I knew that this was a winner. A big thanks to Joe who worked tireless on my appeal.
I am glad that i instructed Reiss Edwards on my visa matter.

It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure.

To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me

A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative.

Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country.

The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
I have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed.

The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not.

At the end of the day, I have not received my British citizenship within 3 months.

If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Fantastic Solicitors!!!

My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.

We followed everything they asked us to do and in the end we won our appeal and got our spouse visa.

We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question.

The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
I contacted Reiss Edwards to help me with my wife’s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.

Click to view all google reviews
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.

Click to view all google reviews
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.

Click to view all google reviews
I used Reiss Edwards’ immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.

Click to view all google reviews
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service.

I would recommend them over and over again for anyone looking for an immigration advice.

They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.

Kind regards
Nancy Jacquard


 
facebook icon twitter google youtube rss feed sitemap
 

Copyright 2017 - Immigration Lawyers London | +44(0)20 3744 2797 | info@reissedwards.com | Map   | Reiss Edwards | Privacy Policy | Terms