Human Rights

A UK Human Rights visa (or leave to remain) allows individuals to stay in the UK where removing them would breach their rights under the European Convention on Human Rights (ECHR). Applications are commonly based on Article 3, which protects against torture or inhuman or degrading treatment, or Article 8, which protects the right to private and family life. Applicants usually apply using the FLR(HRO) form for general human rights claims or FLR(FP) for claims based on family or private life. Strong supporting evidence is required to demonstrate that removal from the UK would violate these rights.

Human rights claims form an important part of UK immigration law. Article 8 of the European Convention on Human Rights — which protects the right to private and family life — is particularly relevant in immigration and asylum proceedings.

A human rights claim can be raised as a standalone application or as a defence against removal from the UK. For example, if you have lived in the UK for many years, have a family here, or have significant ties to the community, you may be able to argue that removing you would be a disproportionate interference with your rights under Article 8.

Other Convention rights can also be relevant in immigration cases, including Article 3 (prohibition of torture and inhuman or degrading treatment) and Article 2 (right to life). Where a person faces a real risk of these rights being violated in their country of origin, the Home Office must consider this before making a removal decision.

Human rights claims must typically be raised before removal, and there are strict procedural rules about when and how they can be submitted. In some cases, submitting a human rights claim will suspend removal proceedings while the application is determined.

The strength of a human rights claim depends heavily on the quality of the evidence and the clarity with which it is presented. Factors including length of residence, family relationships, health, and community ties are all relevant.

Terence Ray Solicitors has substantial experience in human rights-based immigration cases. We will carefully evaluate your circumstances and advise you on the best way to present your claim.

Call 020 3367 1430 or email info@trsolicitors.co.uk to arrange a consultation.