Under the immigration and asylum framework in the United Kingdom (Human Rights and Immigration Law Solicitors), a ‘human rights application’ pertains to seeking permission to stay in accordance with either Article 3 or Article 8 of the European Convention on Human Rights (ECHR). Article 3 of the ECHR addresses protection against torture, inhuman or degrading treatment, or punishment, applicable if an individual faces severe risks upon returning to their home country. Alternatively, Article 8 of the ECHR covers the right to respect for private and family life, allowing individuals to apply if they have established significant family ties during their residency in the UK.
Human rights applications encompass various scenarios where individuals may seek to remain in the UK, including but not limited to:
- Applying for Indefinite Leave to Remain (ILR) as a child who has resided in the UK for 7 or more years.
- Applying for ILR as a young adult who has spent at least half of their life in the UK.
- Applying for ILR based on having lived in the UK continuously for 20 years.
- Applying for leave to remain as a parent of a child currently residing in the UK.
- Applying for leave to remain or ILR on compassionate grounds related to medical circumstances.
These applications are submitted to the Home Office, which assesses each case based on individual circumstances and the merits presented under the relevant human rights provisions of the ECHR.
It’s important to note that each application is considered on its own merits, and individuals seeking to make such applications are advised to seek professional legal advice to navigate the complexities of the process effectively.
ILR (Indefinite Leave to Remain Application) as a young adult who has lived in the UK for at least half of their life:
Another avenue for obtaining Indefinite Leave to Remain (ILR) pertains to young adults aged between 18 and 25 who arrived in the UK before turning 18. To qualify under this category, applicants must demonstrate continuous residence in the UK for at least half of their life up to the point of application. This provision recognizes the integration of young individuals into British society and acknowledges their longstanding ties and contributions to the community during their formative years in the UK.
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