Human Rights & Private Life
Human Rights & Private Life
Introduction:
If you are considering applying for leave to remain in the UK based on your private life and human rights, it is essential to understand the requirements, application process, costs, and potential outcomes. This blog post aims to provide you with valuable advice to navigate the application process effectively and make informed decisions.
Requirements:
To establish eligibility for leave to remain based on your private life, you must meet specific criteria, including:
- Continuous residence in the UK for 20 years
- Residence in the UK for at least seven years as a child
- Insurmountable obstacles to returning to your home country
- Spending half of your life in the UK if you are under 24 years old
- Exceptional circumstances that fall outside the immigration rules, supported by rights under Article 8 of the ECHR.
Exceptional Circumstances and Discretion:
The Home Office assesses exceptional circumstances on a case-by-case basis.
They consider factors such as the impact on you and your family members, ties to the UK, health conditions, concerns about returning to your home country, and compliance with obligations under Articles 2, 3, and 8 of the ECHR.
It is crucial to present a strong case highlighting the potential adverse effects of refusal on your human rights.
Application Process:
The application for leave to remain is submitted online, accompanied by electronic document uploads. You will be required to attend an appointment for fingerprinting and photographing, which is scheduled after the submission of your application.
Cost of the Application:
The Home Office fee for the application is currently £1048. Additionally, there is an NHS Surcharge fee of £1560 (refundable if the application is refused) and a fingerprint fee of £19.20. Early appointments may incur additional charges. If you would like assistance with your application, legal fees will apply separate to this and this dependends on your circumstances and complexity of your case.
Fee Waiver:
If you can demonstrate a lack of income or access to funds, you may qualify for a fee waiver. Providing bank statements, income sources, and expense records, as well as support letters from friends or family who have been assisting you, can support your fee waiver application.
Timescales:
Straightforward applications are typically decided within six months, but complex cases may take longer. If your application exceeds one year, seeking advice on addressing the delay is recommended.
Your Status during the Application:
While your application is pending, you will be unable to travel, work, or engage in business activities unless you had permission to work at the time of application. Unless exempt, you may be required to pay for NHS treatment. If you had no immigration status at the time of application, you may need to report to the Home Office.
Interview:
The Home Office may require you to attend an interview regarding your application, and your partner may be interviewed separately if doubts arise regarding your reasons for staying in the UK.
Outcome of the Application:
If granted leave, you may receive it for a period of 2.5 years. Depending on the grounds for granting leave, you may be able to extend it or switch to the 5-year route towards settlement.
Conclusion:
Applying for leave to remain in the UK based on your private life can be a complex process, but with proper understanding and guidance, you can navigate it successfully.
It is important to meet the eligibility criteria, present a strong case for exceptional circumstances, and prepare your application diligently. Seeking professional legal assistance can greatly increase your chances of success and ensure compliance with the application requirements.
How can Buckingham Legal Associates Help?
If you are dealing with an immigration case in the UK (United Kingdom), it is important to consider hiring our experts to assist you. Here are some reasons why:
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Peace of mind:
Dealing with an immigration case can be stressful and overwhelming. Instructing us can help alleviate some of that stress and give you peace of mind knowing that a professional is handling your case.
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Expertise
At Buckingham Legal Associates have the knowledge and expertise to navigate the complex and constantly changing UK immigration system. We can help you understand your options and advise you on the best course of action.
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Avoiding mistakes:
Filling out immigration paperwork can be confusing, and mistakes can have serious consequences. Our experts can help you avoid errors that could delay or even jeopardize your case.
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Legal representation:
If your case ends up in court, we can provide legal representation and advocate on your behalf.
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Better chance of success:
Hiring our experts may increase your chances of success. We can help you present a stronger case and provide supporting evidence.
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Peace of mind:
Dealing with an immigration case can be stressful and overwhelming. Instructing us can help alleviate some of that stress and give you peace of mind knowing that a professional is handling your case.
As experts in the field, we can assist you from start to finish in making an application. We can advise you about your documents, prepare and file your application and submit written representations to present your case to the Home Office to increase the chances of getting a successful outcome of your application. Should you wish to speak further about your application, contact our team at 0203 006 2742 or team@buckslegal.co.uk and book a consultation today to learn more.