Understanding Human Right Applications in the UK

A human right applications may be your solution if you’re seeking to remain in the UK based on your personal circumstances rather than through standard immigration routes. These applications protect individuals whose removal from the UK would breach their rights under the European Convention on Human Rights. Our Manchester Immigration Solicitors regularly assist clients with these complex applications, ensuring the best chance of success.

The Legal Basis for Human Rights Claims

Article 3 protects individuals from torture or inhuman treatment, allowing claims if returning to your home country would expose you to serious harm. Article 8 safeguards your right to family and private life, particularly if you’ve built strong connections in the UK.

Article 3 Protection Against Harmful Treatment

Article 3 offers absolute protection against torture or inhuman treatment. If returning to your home country would put you at risk of serious harm, you may have grounds for an Article 3 claim. This includes:

• Risk of persecution based on your identity or beliefs
• Danger of torture or violence
• Risk of inhuman treatment in detention
• Exposure to dangerous conflict zones

Article 8 Right to Family and Private Life

Article 8 of the Human Rights Act 1998 protects your right to respect for your family and private life, your home, and your personal correspondence. This right is especially relevant if you have lived in the UK for many years, built strong family connections, developed meaningful relationships, contributed to your community, or rely on UK-based healthcare and support networks.

Who Can Make Human Right Applications?

Our Manchester based immigration team regularly assists clients from various backgrounds with human rights claims, including:

• Long term UK residents without formal status
• Parents of British or settled children
• People with serious medical conditions
• Those caring for UK-based family members
• Individuals facing persecution abroad

Human Right Applications for Children and Young People

The Seven Year Rule for Children

Children who have lived in the UK for seven continuous years can apply to stay. The Home Office must consider whether it would be reasonable to expect the child to leave the UK. Our solicitors in Manchester can help gather evidence showing:

• The child’s educational progress
• Their integration into British society
• Their primary language and cultural ties
• Health or special educational needs
• Strength of relationships with UK based family

Young Adults Who’ve Spent Half Their Life in the UK

If you arrived in the UK as a child and have now spent half your life here, special provisions apply. Our immigration specialists in Manchester can help you demonstrate:

• Your arrival before age 18
• Continuous residence exceeding half your lifetime
• Your integration through education, work and community ties
• Your lack of connections to your birth country
• The hardship relocation would cause

Long Term Residence Applications

The 20 Year Residence Route

If you’ve lived in the UK continuously for 20 years (legally or otherwise), you may qualify to remain. Our Manchester solicitors can help you:

• Gather evidence covering your entire period of residence
• Present a chronological history of your time in the UK
• Document your community contributions
• Explain any gaps in your evidence
• Prepare for credibility interviews

The 10 Year Lawful Residence Option

For those who’ve maintained legal status throughout, the 10 year lawful residence route offers a pathway to settlement. This requires:

• Complete documentation of your legal status
• No significant gaps between visa periods
• Compliance with visa conditions
• Meeting English language requirements
• Passing the Life in the UK test

Family Based Human Right Applications

Our immigration solicitors help families apply to stay in the UK based on their role as parents, partners, or caregivers, demonstrating the best interests and wellbeing of family members.

Applications as Parents of British Children

Parents of British children can apply to remain in the UK. Our immigration solicitors in Manchester help parents prove:

• Their genuine and active role in the child’s life
• Regular contact and financial support where applicable
• Why separation would harm the child’s wellbeing
• The practical impossibility of family life abroad
• How remaining serves the child’s best interests

Partners and Spouses Outside Standard Routes

When relationship based applications fall outside normal immigration rules, our team can help build human rights claims showing:

• Why family life cannot continue abroad
• Exceptional circumstances in your case
• Financial independence and integration
• Genuine relationship evidence
• Compelling compassionate factors

Applications to Care for UK Family Members

If you provide essential care to UK based relatives, we can help demonstrate:

• The nature and extent of care required
• Why alternative care arrangements aren’t suitable
• Your established caring relationship
• The harm separation would cause
• Cost savings to public services through your care provision

Medical Grounds for Remaining

If you have serious health issues, removal from the UK might breach your human rights if:

• Your condition requires specific treatment unavailable in your home country
• Returning would cause a serious and rapid decline in your health
• The change would significantly reduce your life expectancy
• Practical or financial barriers would prevent you accessing treatment
• Your personal circumstances make treatment access impossible

Mental Health Considerations

The immigration system recognises certain mental health circumstances in human rights claims. Our Manchester solicitors can help present evidence of:

• Ongoing treatment needs
• Suicide risk assessments where relevant
• Treatment continuity requirements
• Cultural barriers to mental healthcare abroad
• Expert psychological opinions supporting your case

Private Life Applications

When applying for leave to remain in the UK on the basis of private life, it is essential to present clear and persuasive evidence of your integration into British society. This includes providing a documented employment history, proof of your economic contributions such as payslips or tax returns, and details of any voluntary work or community involvement you’ve undertaken. Participation in local projects, religious groups, or charitable organisations demonstrates a strong sense of civic responsibility and integration, which supports your case under the private life provisions of Article 8 of the European Convention on Human Rights. 

Social and Cultural Ties

In addition to showing strong connections within the UK, a successful private life application often involves demonstrating a weakened or severed connection with your country of origin. This may include showing that you have been absent from your birth country for an extended period, which has led to a loss of cultural identity, language fluency, and traditional ties. Many applicants can no longer communicate fluently in their native language, or feel out of place within the customs and expectations of their home country factors that are significant when arguing for continued residence in the UK.

Making a Successful Application

For a successful human right applications, you will need to provide several important documents, including your identity details, proof of continuous residence, relationship evidence for family claims, medical reports for health-based applications, and support letters from family, friends, employers, or professionals.

Required Documentation

Human right applications need comprehensive evidence, including:

• Identity documents and immigration history
• Proof of continuous residence
• Relationship evidence for family-based claims
• Medical reports for health-related applications
• Support letters from family, friends, employers and professionals

Application Forms and Procedures

Different human rights claims require specific forms:

• FLR(FP) for family-based applications
• FLR(HRO) for human rights outside the rules
• SET(O) for settlement applications
• Asylum application forms for protection claims

Our team at Solicitors in Manchester ensure you use the correct forms and procedures, avoiding costly mistakes.

Biometric Requirements

All human rights applications require:

• Fingerprints and photograph
• Payment of the Immigration Health Surcharge
• Application fees (unless a fee waiver is granted)

Financial Aspects of Applications

Applying to stay in the UK on human rights grounds comes with several costs. It’s important to budget for each part of the process so you’re not caught off guard. Below is a clear breakdown of the main expenses involved in submitting a private or family life application under Article 8.

Application Fee:

The current Home Office fee for a human rights application is £1,321 per person. This charge applies to applications made from within the UK, including those based on long residence, family ties, or private life under Article 8.

Immigration Health Surcharge (IHS)

Most applicants also need to pay the Immigration Health Surcharge, which helps cover NHS use during your stay.

• The standard rate is £1,035 per year, paid in full upfront.
• For a 2.5 year visa, this adds up to around £2,587.50.
  Some categories (like students or children) may pay a reduced rate, but most adult applicants will need to pay the full amount.

Our Manchester immigration team can advise on fee waiver eligibility for those in financial hardship.

Meeting Financial Requirements

Family based applications often require proving:

• Adequate maintenance funds
• Suitable accommodation
• No recourse to public funds compliance

Language and Integration Requirements

For most settlement applications, you’ll need to pass an English language test at a minimum B1 level from an approved provider. Some people may be exempt from this requirement due to age, nationality, or medical conditions. If you’re aged 18-65, you must also pass the Life in the UK test, which checks your knowledge of British values, history, culture, and your rights and responsibilities as a resident.

English Language Testing

Most settlement applications require:

• Passing an approved English language test (minimum B1 level)
• Evidence from an approved test provider
• Exemptions may apply based on age, nationality or medical conditions

Life in the UK Test

Settlement applicants between ages 18-65 typically need to pass the Life in the UK test, demonstrating knowledge of:

• British values and customs
• UK history and culture
• Rights and responsibilities

What to Do If Your Application Is Refused

If your immigration application is refused, don’t panic you may still have options. You can request an appeal, submit a fresh application, or ask for an administrative review, depending on your case. Always read the refusal letter carefully and speak to an immigration solicitor as soon as possible to understand the best next step.

Appeal Rights

If your application is refused, you may have the right to appeal to the First tier Tribunal. Our Manchester solicitors can:

• Assess grounds for appeal
• Prepare appeal statements and evidence bundles
• Represent you at appeal hearings
• Challenge factual or legal errors
• Present new evidence where permitted

Administrative Review Options

For certain refusal types, administrative review may be available:

• Challenging factual or legal errors
• 14-day deadline for requests
• Decision typically within 28 days

Fresh Applications

Sometimes making a new application is the best strategy. Our immigration specialists can help by:

• Addressing the reasons for previous refusal
• Gathering new supporting evidence
• Presenting different legal arguments
• Ensuring correct fees and procedures

Special Categories of Applicants

If you are a victim of domestic abuse, the UK immigration system provides extra support, such as flexible evidence rules, fee waivers, quicker decision times, and referrals to specialist services to ensure your safety during the application process. Victims of human trafficking or modern slavery can also receive protection under UK human rights law. Your case will be assessed for safety and recovery through the National Referral Mechanism (NRM), with access to specialist support and housing during the process

Victims of Domestic Abuse

If you’re a survivor of domestic abuse, the UK immigration system offers special support. You may qualify for flexible evidence rules, a waiver of application fees, and faster decision times. There are also referrals to specialist support services and measures in place to help keep you safe while your application is being considered.

Trafficking and Modern Slavery Victims

If you’ve been a victim of human trafficking or modern slavery, you may be entitled to protection under UK human rights law. Your case can be assessed through the National Referral Mechanism (NRM), with a focus on your safety, recovery, and risk of harm if returned. You may also receive specialist support and housing during the process.

Working with Immigration Solicitors

Having an experienced immigration solicitor can greatly improve your chances of success with your human rights application. They will assess your case, gather necessary evidence, complete forms, and guide you through interviews or hearings. A solicitor ensures your application follows current laws and helps you navigate any complexities.

Immigration laws and procedures can change frequently, and a solicitor ensures your application aligns with current regulations. With professional representation, you can navigate any complexities, increasing your likelihood of a favourable outcome.

Why Choose Solicitors in Manchester?

At Solicitors in Manchester, our dedicated team specialises in human rights applications. We offer a comprehensive range of services, from your initial case assessment to help with submitting documents, and if needed, representation during appeals or hearings. Our experts will work with you to understand your unique situation and provide clear, personalised advice.

If you’re ready to move forward with your application, Solicitors in Manchester are here to help. We provide expert advice and comprehensive services for both personal and business immigration cases. Call us today on 0161 464 4140 or fill out our enquiry form to book FREE initial advice with our experienced legal team. Let us help you navigate the immigration process smoothly and effectively.