Human rights

Keys areas of work undertaken include:

Family Life Application under Section EX 1 Appendix FM of the Immigration Rules

To qualify for an extension of stay under this category, an applicant must meet the relationship, suitability and the immigration status requirements under Appendix FM plus the following requirements under section EX1:

• The applicant has a genuine and subsisting parental relationship with a child who:
• Is under the age of 18 years
• Is in the UK
• Is a British Citizen or has lived in the UK continuously for at least 7 years immediately preceding the date of application and
• It would not be reasonable to expect the child to leave the UK or
• The applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK

Private Life Applications under Paragraph 276 ADE of the Immigration Rules

To qualify for an extension of stay under this category of the Immigration Rules, an applicant must have made a valid application and fulfil the suitability requirements. In addition, the applicant must show they:

• Have lived continuously in the UK for at least 20 years (discounting any period of imprisonment) or
• Are under the age of 18 years and have lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK or
• Are aged 18 years or above and under 25 years and have spent at least half of their life living continuously in the UK (discounting any period of imprisonment) or
• Are aged 18 years or above, have lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be significant obstacles to the applicant’s integration into the country to which they would have to go if required to leave the UK

Human Rights Applications under the Human Rights Act 1998 for leave to remain outside the Immigration Rules

Applicants who fall outside the ambit of the family life provision under Section EX 1 Appendix FM and the private life provision under Paragraph 276 ADE of the Immigration Rules may be able to apply for leave to remain outside the Immigration Rules under the Human Rights Act 1998.

Article 8 applications for leave outside the Immigration Rules are based on domestic case law established by the UK Courts and by the European Court of Human Rights in Strasbourg. These are generally complex applications, as expert knowledge of a whole range of law, including Strasbourg and domestic case law, administrative law, EU law, the Immigration Rules as well as the Home Office Policies and Guidance are required. We carry out a detailed assessment in every case to determine whether there are arguable merits in proceeding with an application. Clients will be advised of the risks that an application may encounter.

The government takes the view that Section EX Appendix FM and Paragraph 276 ADE of the Immigration Rules reflect fully the UK’s obligations under Article 8 of the European Convention of Human Rights in most cases. The inter-relationship between Section EX1 and Paragraph 276 ADE of the Immigration Rules and the case law under the Human Rights Act 1998 is complex, and is a subject of continuous litigation.

Zimbabweans

We have considerable experience in dealing with Zimbabwean cases, which ties in with our expertise in human rights applications and appeals.