Your Right to a Life: Protecting Your Future with Human Rights Claims
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Every human being has rights. It does not matter who you are. It does not matter where you come from. It does not matter if you have made mistakes in the past. You have a right to safety. You have a right to family. You have a right to a private life. In the United Kingdom, these rights are protected by law. However, the Home Office does not always respect them. They often try to remove people who have built deep roots here. They try to separate families. When this happens, you need a powerful legal tool to stop them. That tool is one of our specialties: Human Rights Claims.
This is often the last line of defense. It is the shield we use when other visa routes have failed. It is the argument we use when the rules say "No," but justice says "Yes." If you are an overstayer, or if your visa has been refused, you might feel hopeless. You might think you have to leave. But if you have a child here, a partner here, or have lived here for a long time, you might have a claim. Immigration Solicitors4me are experts in this complex field. We know how to use the Human Rights Act to protect you. We fight for your dignity. We fight for your home.
What Exactly Are Human Rights Claims?
The UK is part of the European Convention on Human Rights (ECHR). This law is still in force. It sits above the normal immigration rules. The most important part for immigration is Article 8. This protects your "Right to Respect for Private and Family Life."
Basically, it says the government cannot interfere with your life unless it is "necessary" and "proportionate." If deporting you would destroy your family, it is not proportionate. If removing you would destroy your private life after 20 years of residence, it is not proportionate.
Making Human Rights Claims means telling the Home Office: "You cannot remove me because it would breach my fundamental rights." This is a strong argument. But it is not automatic. You have to prove it. You have to show that the impact of leaving would be devastating.
Protecting Your Family Life
The strongest claims usually involve children. Do you have a child in the UK? Is your child a British citizen? Has your child lived here for 7 years or more?
The law says that the "best interests of the child" must be a primary consideration. If you are the primary carer of a British child, the Home Office cannot easily force you to leave. They might argue, "Your child can go with you to your home country." We argue back. We say, "No, the child is British. They go to school here. They speak English. It would be cruel to rip them away from their home."
This is the heart of many Human Rights Claims. We gather evidence from schools. We get reports from social workers. We prove that separating the parent and child would cause emotional harm. We fight to keep the family unit together.
Protecting Your Private Life
What if you do not have a family? Can you still stay? Yes, under the "Private Life" route. This recognizes that you have built a life here. You have friends. You have a job. You have a community. There are specific rules for this:
- The 20-Year Rule:If you have lived in the UK for 20 continuous years (even illegally), you can apply to stay. You have earned your place.
- The "Half-Life" Rule:If you are aged 18 to 25 and have lived here for half your life, you can apply.
- Very Significant Obstacles:This is for people who have not been here for 20 years yet. We must prove that you cannot go back to your home country. Maybe you do not speak the language anymore. Maybe you have no relatives there. Maybe you would be destitute.
We build a picture of your life in the UK. We show that you belong here. We show that sending you back would be like sending you to a foreign planet.
When Should You Make a Claim?
You should consider Human Rights Claims when you do not fit into the normal visa boxes.
- Overstayers:You came on a visitor visa and stayed. Now you have a family. You cannot apply for a normal spouse visa from inside the UK. You have to make a human rights application.
- Criminal Deportation:You committed a crime. The Home Office wants to deport you. We argue that your deportation would be unduly harsh on your innocent family members.
- Medical Cases:You are receiving life-saving treatment in the UK that is not available in your home country. Removing you would shorten your life. (This falls under Article 3 and Article 8).
These are difficult situations. The Home Office will try to refuse you. They will say you broke the rules. Our job is to show that your rights outweigh your rule-breaking. We balance the scales of justice in your favor.
The Application Process
Making a claim is complicated. It is not just a form ticking exercise. It involves writing detailed legal submissions. We have to explain why your case is exceptional. We have to reference case law. We quote decisions from the Supreme Court. We have to provide a massive bundle of evidence.
- Letters from friends and neighbors.
- Medical reports.
- Psychological reports showing the stress of potential removal.
- Evidence of your integration into UK society.
If you try to do this yourself, you will likely fail. The Home Office will dismiss it as "weak." Immigration Solicitors4me builds robust Human Rights Claims. We leave no gaps. We answer every counter-argument before the Home Office even makes it.
The "Discretionary Leave" Outcome
If your claim is successful, you are usually granted "Discretionary Leave to Remain" or "Leave outside the Rules." Typically, this is granted for 2.5 years. You can work. You can study. You can access the NHS. However, the path to settlement is longer. Usually, you have to wait 10 years (renewing every 2.5 years) before you can get Indefinite Leave to Remain. It is a long road. But it is better than deportation. It allows you to live your life without fear.
Why Choose Immigration Solicitors4me?
You need a lawyer with a heart. You also need a lawyer with teeth. We are compassionate with you. We listen to your story. We cry with you. But we are aggressive with the Home Office. We do not let them bully you.
- We are Specialists:We know the Human Rights Act inside out.
- We are Fearless:We are not afraid to take cases to the High Court.
- We are thorough:We prepare every case as if it were going to the Supreme Court.
Contact Us Today
If you are worried about your status, talk to us. If you have received a removal notice, talk to us. We will assess your chances for Human Rights Claims. We will give you an honest opinion. We will fight for your right to stay in your home.
Contact Immigration Solicitors4me now. Let us be your voice. Let us be your shield. Call us today.
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