Human Rights

Leave to Remain Under Human Rights Grounds

People may be able to apply for leave to remain in the UK based on human rights grounds: right to respect for private and family life,


Article 8 of the European Convention on Human Rights states: 


“1. Everyone has the right to respect for his private and family life, his home and his correspondence.

 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”


The  application for Leave to Remain under human rights grounds:

1. a family member ,  you can apply for it as a partner of a settled person when you do not meet the minimum income of immigration rules.

2. a parent of child , you can apply for it as a parent of child who is British or a child who has been live in the UK for 7 years. however, you are not eligible if your child has been granted indefinite Leave to remain. 

3. Long residence in the UK

  • if your age is between 18 and 24 years old, you have spent more than half of your life in the UK.
  • Your age is under 18 years old, you have lived in the UK for 7 years.
  • Your age is over 18 years old, you have spent less than 20 years in the UK and have a significant problem to live in the country you have to go; 4) your age is over 25 years old, you have spent 20 years in the UK. 


Fee waiver

If you are destitute and cannot afford to pay the application fee, you can apply for a fee waiver. You will need to provide evidences that you are destitute, or that you would become destitute by paying the fee.

How can we help to apply for leave to remain under Human Rights ground

Our immigration specialists have more than 15 years experience in immigration, Leave to remain  application under Human Rights grounds can be very  complicated depending on the individual's circumstances, you may require professional advice to ensure the success of your application. Book a consultation now at 0207 193 1996 or send us a free enquiry ! 

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