Human Rights Application UK
Bespoke Human Rights Representation
The Human Rights Act 1998 protects individuals in the United Kingdom from unlawful actions by public authorities, including the Home Office, that breach their fundamental rights under the European Convention on Human Rights (ECHR).
At Immigration Solicitors UK, we provide high-court standard representation for clients whose family life, health, or dignity would be at risk if removed from the UK.
For confidential advice, call 020 8166 1898 or submit our online enquiry form.
Book your FREE consultation today!
What Is Human Rights Leave to Remain
Human Rights Leave allows a person to stay in the UK when removal would breach:
- Article 3: Protection from torture or inhuman or degrading treatment
- Article 8: Right to respect for private and family life
Applications can be made under Appendix FM (Family Life), Appendix Private Life, or outside the Rules in exceptional circumstances.
Typical applicants include:
- Partners and parents of British or settled persons
- Long-term residents who have built a private life in the UK
- Individuals with medical conditions that cannot be treated abroad
- Persons facing persecution or inhuman treatment
Key Legal Framework
Article 3: Protection from Inhuman or Degrading Treatment
If credible evidence shows a real risk of torture or degrading treatment, the Home Office must not remove the applicant.
Article 8: Family and Private Life
Decision-makers must balance the proportionality between immigration control and the human cost of removal.
Our solicitors specialise in proving that the unjustifiably harsh consequences of removal outweigh the public interest.
Appendix FM and Appendix Private Life
Under the updated Immigration Rules (November 2025):
- Children: Seven years of continuous residence in the UK
- Young adults (18 to 24): More than half of their life spent in the UK
- Adults (25 and older): Twenty years of residence, lawful or unlawful
For adults with less than twenty years, the Home Office applies the very significant obstacles to integration test.
We prepare detailed submissions showing why reintegration in the home country is not possible due to medical, linguistic, social, or cultural barriers.
When children are involved, Section 55 of the Borders, Citizenship and Immigration Act 2009 places a statutory duty on the Home Office to safeguard their best interests.
We commission independent social worker and educational reports to show that removal would breach this duty, strengthening your Article 8 claim.
Certification Shield and Section 94 Prevention
The greatest procedural risk in any Human Rights claim is certification under Section 94 of the Nationality, Immigration and Asylum Act 2002.
A certified claim is labelled clearly unfounded, removing your in-country right of appeal.
Our strategy focuses on certification prevention.
We design every submission to be appeal-proof, front-loading legal arguments, proportionality assessments, and case law.
This makes it legally difficult for the Home Office to certify your claim, ensuring you remain in the UK with your family while your case is resolved.
Evidence Engineering and Integration Audits
We create structured evidence matrices that match each document to the legal tests under Articles 3 and 8.
For private-life cases, our social and cultural integration audits go beyond standard proof.
We gather evidence of:
- Professional and community contributions
- Education and tax records
- Charitable or voluntary service
- Cultural and linguistic integration
This approach demonstrates deep and long-term UK ties that satisfy both Appendix Private Life and proportionality standards.
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Since November 2025, Part Suitability Rules govern all Human Rights claims.
Applications can be refused for immigration breaches, unpaid public debts, or misleading information.
We conduct suitability and credibility audits before submission to remove vulnerabilities and prevent technical refusals.
Section 3C Leave Protection
Submitting a Human Rights application before your visa expires extends your existing leave under Section 3C of the Immigration Act 1971.
Section 3C protects your lawful immigration status, right to work, right to rent, and validity of your driving licence.
This safeguard prevents you from becoming an overstayer while your case is pending.
The Path to Settlement and the 2026 Earned Settlement Model
From April 2026, settlement after ten years will depend on earned settlement credits assessing English-language ability, financial stability, and integration.
Every successful Human Rights client at Immigration Solicitors UK receives a settlement roadmap.
This ten-year compliance plan aligns your documents and personal progress with future Indefinite Leave to Remain requirements.
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If your claim is refused:
- In-country appeals: 14 days to lodge
- Out-of-country appeals: 28 days
- Certification risk: If certified, appeals can only be made from abroad
Where no right of appeal exists, we pursue judicial review in the Upper Tribunal or High Court to challenge unlawful or unreasonable decisions.
Why Choose Immigration Solicitors UK
Human Rights law requires precision and preparation. We deliver bespoke legal representations drafted to high-court standards and backed by SRA-regulated excellence.
The ISUK Difference
- Certification prevention strategy
- Evidence and integration audits
- Section 55 advocacy for children’s best interests
- Trial-ready legal bundles for every case
- Settlement roadmap planning under 2026 reforms
We do not simply submit applications. We design legal protection.
Your Case Team
All Human Rights cases are managed by our Immigration Department.
They are overseen by Rana Aslam Zia Khan, Director of Immigration Solicitors UK.
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What We Offer
Our Services
we understand that immigrating to a new country is a significant
decision that comes with its own set of challenges.
Family Visas
Partner Visas
Settlement in the UK
Settlement of EEA Nationals
British Citizenship and The Right of Abode
Challenge a Refusal
Removals/Deportations
Asylum/Human Rights
Sponsor License for a UK Business
UK Business Visas
Student Visas
Popular Work Visas
Other work visas and permits
Visas without a job offer
Work for an overseas employer
Temporary work visas
UK Visit Visas
Speak to Our Human Rights Solicitors
If removal would breach your rights under UK or international law, contact our team for immediate representation.
Call 020 8166 1898 or complete our enquiry form to arrange a consultation.
your consultation.
FAQ
Frequently Asked Questions
Can I apply without valid leave?
Yes. Even without lawful status, you may apply under Article 8 if you have built private or family life in the UK.
What does very significant obstacles to integration mean?
It refers to serious barriers, such as medical, cultural, or social challenges, that prevent reintegration into life in your home country.
What if my claim is certified as clearly unfounded?
We can challenge certification through judicial review and, where possible, seek reconsideration before removal.
Can I work while waiting for a decision?
Yes. Section 3C leave maintains your right to work, rent, and hold a valid driving licence while your case is under consideration.
Does this route lead to settlement?
Yes. Most applicants follow a ten-year route to Indefinite Leave to Remain under the earned settlement model, supported by our compliance roadmap.
