Exceptional circumstances applications to remain

After an unsuccessful application, you may have an option to appeal the decision on Human Rights grounds. The European Convention on Human Rights (ECHR) made it illegal for government institutions including immigration departments, officers and any other related party to carry out any action in a manner that infringes on human rights.

Article 8 of ECHR: Right of Private & Family life

Article 8 protects an individual’s entitlement to family and private life. To establish the legal concept of family life, relationships between family members such as parents and children, brothers and sisters or being in a relationship with someone are some of the few evidences covering the legal definition of family life in the UK. Private life also refers to such things as preserving one’s privacy (such as having personal information remaining private and confidential), sexual preference or a right to a certain physical appearance.

As with any fundamental right under the European Convention of Human rights (ECHR), everyone is entitled to its protection. Article 8 allows for such protection unless a Public Authority wishes to interfere. This interference however, must be based in accordance with the law, proportional and deemed necessary to maintain national security, public safety or economic wellbeing of the country namely, prevention of crime & disorder and the protection of health and moral grounds.

Key aspects of Article 8

Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such interference is in lawful and necessary.

There are however some necessary requirements that should be satisfied in order to facilitate a successful application: –

Continuous residence in the UK for at least 20 years; or
For an applicant under the age of 18, they must resided in the UK continuously for at least 7 years; or
For applicants between 18 and 25 years of age, they must have been residing in the UK continuously for at least half of their lives; or
For applicants between the ages of 18 and 20 years must have continuously resided in the UK and have no social, cultural or family ties with their country of origin.