Human Rights Visa Lawyers in London, UK | Article 8 | Appendix FM | Paragraph 276ADE | Discretionary Leave
Individuals who have successfully set up private 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:
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;
For expert assistance with your application, you can speak to one of our experienced immigration solicitors in London.
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