Human Rights Application UK
The majority of Human Rights Application are based upon article 8 – your right to respect for your private and family life. The Home Office refers to paragraph 276ADE to decide the private life factor of the Article 8 claim and Appendix FM to decide the family life of the Article 8 claim.
At times, Immigration law and human rights law are intertwined. The Human Rights Act 1998 brought the provisions of the European Convention of Human Rights (ECHR) into UK law. However, this landmark treaty was drafted back in 1950 by the Council of Europe. One of its main purposes was to ensure that the horrors experienced by European citizens in the Second World War never happened again.
Contrary to popular belief, Britain’s adherence to the ECHR is completely separate from its membership of the EU. This means that the UK’s exit from the EU will have no effect on its duties under the convention.
The experts at A Y & J Solicitors have years of experience working with immigration clients who have human rights claims, both through representation, and through maintaining an informative stance on current rulings and actions.
Do you need help with Human Rights Application?
What Are the Eligibility Requirements for Making a Human Rights Application?
The two main articles of the European Convention on Human Rights (ECHR) which are used to make applications on human rights grounds are Article 3 and Article 8.
Article 3 provides:
Human Rights Act Article 3- “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Article 3 can be a pivotal part of a Human Rights Application as it prevents the British Government from removing someone from the UK to a country where there are substantial grounds for believing an individual will face a real risk of serious harm. “Serious harm” includes torture, inhuman or degrading treatment and punishment. Examples of this include:
- If you are likely to suffer harsh imprisonment, torture or persecution if you are returned to your home country
- If you have a life-threatening illness and are receiving treatment in the UK and this treatment is not available in your home country
- If your home country is a war zone and/or suffers from conditions of severe impoverishment
- The threshold for Article 3 claims is high; however, it is an absolute right, meaning there is no situation where it can be lawfully breached.
The threshold for Article 3 claims is high; however, it is an absolute right, meaning there is no situation where it can be lawfully breached.
If you choose to make a claim under Article 3, then you will need the assistance of an experienced human rights lawyer to check if your application could pass the extremely high threshold. Luckily, our team will be here to support you through the process, and helping you to protect your safety.
Article 8 provides:
Human Rights Act Article 8 – Right to Respect for Private and Family Life
- 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 as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Many applications are made by families wishing to remain in the UK, under Article 8. This is because under the points-based system of immigration there is usually no right of appeal except under human rights grounds.
According to Article 8, individuals have a right to a private and family life that is free from state interference. As such, Article 8 applications may help keep families together, and prevent them from deprivation of private life.
If you are making an application for a Points-Based System visa, we advise that you provide a route for an Article 8 appeal if possible. We can analyse the circumstances and prepare legal representation so that our clients have the right to appeal on human rights grounds wherever possible. This provides the ability to challenge a visa refusal in a more cost-effective way than bringing a judicial review.
How Do I Make a Human Rights Appeal if My Human Rights Application is Refused?
To make a human rights appeal on a Points-Based System visa, applicants may need the legal advice and representation of an experienced immigration lawyer. Our team can check that right from the start of your visa application any possibility of a human rights appeal is identified and incorporated in submission of application to UK Visas and Immigration (UKVI). If your human rights appeal is unsuccessful and a right of appeal is not given, we can work with you to bring a challenge on the refusal via judicial review if the case has merit.
What Are the Advantages of Making a Human Rights Appeal?
Challenging an immigration refusal by appealing is usually more cost-effective than judicial review. This is because an application for judicial review must be approved by the court before the procedure can begin. The approval process requires a great deal of preparation in itself, which increases the legal costs of a judicial review.
By identifying any human rights claim at the outset, our team can save you money, time and energy by improving the chances of a right of appeal on human rights grounds, should your visa application be refused.
Why Choose A Y & J Solicitors to Manage Your Human Rights Application or Human Rights Appeal?
Human rights claims, especially those involving Article 8, are complex. Our qualified lawyers at A Y & J Solicitors have extensive experience in this area, from visa application to appeal. Our client care goes far beyond the technicalities of law – we always offer honest and easy-to-understand advice, and we care deeply about our client’s situations. Therefore, we always provide sensitive, compassionate legal advice and representation; ensuring that you are kept fully informed of any developments regarding your case.
UK Ancestry Visa Guidance
UK Ancestry Visa allows Commonwealth citizens who are the immediate descendants of UK nationals permission to live and work in the UK. Many Indian, New Zealand, Australian, South African, and Canadian nationals have close ancestral ties with Britain. Many never take advantage of their ancestral rights, even though they are sitting on the proverbial jackpot that is British citizenship.
The UK Ancestry Visa route comes with a challenging application process, and many applicants are denied on their first attempt. Our lawyers at A Y & J Solicitors have extensive experience with UK Ancestry Visas and have the knowledge and experience to assist with your application.
UK Ancestry Visa Eligibility Requirement
To successfully apply for a UK Ancestry Visa, you must meet the following criteria:
- Be a Commonwealth citizen
- Aged 17 years old or older
- Have a grandparent born in the UK, Channel Islands, the Isle of Man, or in the Republic of Ireland before 31st March 1922
- You want to work and live in the UK
- You can support yourself and any dependants without having to rely on public funds
Do you need help with Ancestry Visa?
How Do I Apply for a UK Ancestry Visa?
Unless you are from North Korea, you must apply for the visa online. On the day of your appointment, you will need to have your fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of your application. Our team will assist you at every step of the process.
What Documents Do I Need to Provide with My UK Ancestry Visa Application?
You will need to provide the following documents to enter the UK on an Ancestry Visa. At times, applicant goes through many difficulties while applying for UK Ancestry Visa, but our immigration team can assist you with collating and submitting the following:
- A passport or other valid travel document
- Evidence that you have enough funds to support yourself and family member (if any)
- The results of your tuberculosis test, if applicable
- Evidence of your claimed relationship to the British national your ancestry claim is based on
- Evidence that you are planning to work in the UK, for example, job offers you have received or a business plan if you are self-employed
What Are the Advantages of a UK Ancestry Visa?
There are many advantages of UK Ancestry Visa. The main advantage – it offers good route to obtain Indefinite Leave to Remain and ultimately British Citizenship. Requirements are not that strict, your entry into the UK for this visa is based solely on family connections. Some of the other advantages are listed below:
- You can work and live in the UK without restriction.
- There is no requirement of a work permit or sponsor.
- There is no requirement for you to invest any finances in the UK unlike with the Investor or Entrepreneur category route.
- There are no restrictions on the type of employment undertaken during your stay in the UK.
- Your spouse, civil or unmarried partner and your dependant children can all benefit by joining you in the UK.
How A Y & J Solicitors Can Help if Your UK Ancestry Visa Has Been Refused?
The refusal of a UK Ancestry Visa attracts the full right of appeal. For those who have received a UK Ancestry Visa refusal, A Y & J Solicitors can help with every aspect of the Appeal. Our experts will prepare necessary paperwork and represent you before the tribunal.
The first step our lawyers will take once you decided to instruct us is to analyse the reason the visa was refused. We will then review your past application and supporting documentation and advise whether resubmitting a new application to UKVI would be the best and most cost-effective solution.
The best way to avoid having to go through the stress and expense of resubmitting or appealing a visa refusal is to have our expert team manage your application process in the first instance. At A Y & J Solicitors we have a proven track record achieving the positive results for our clients through hard work and effective communication.
Tier 4 General Student Visa Guidance for UK
Tier 4 General Student Visa is the category that allows overseas students to come to the UK and study. It is fact that the UK has a long and well-known educational history. Students from almost every country have heard of Cambridge and Oxford. However, other universities in the Russell Group such the London School of Economics and Political Science, University of Bristol, and Durham University are also world-renowned. In addition, there are an abundance of technical colleges and other higher education providers located throughout the country.
To enter the UK on a student visa, some tough requirements need to be met. However, recognising the enormous contribution international students make to the UK, not only economically, but culturally as well, the government is testing a scheme to make it easier for students to enter the UK.
Every year, many students come to the UK and acquire prestigious degrees. In 2015/16, 14% of students studying at higher educational institutes were from outside the EEA. Our expert immigration advisors assist students and academic institutions on all student visa matters and have a high rate of success with even the most complex applications.
Do you need help with Tier 4 General Student Visa?
Who Can Apply for a UK Tier 4 General Student Visa?
To apply for entry to the UK on a student visa, you must be:
- An overseas student who wants to study in the UK, or
- Already in the UK, and wishing to remain in the UK to study, or
- Already in the UK and wanting to switch to the Student Visa category
What Are the UK Tier 4 General Student Visa Eligibility Requirements?
You must meet the following criteria to successfully apply for a Tier 4 Student Visa:
- Have been offered a place at a UK higher educational institution which is a licensed Tier 4 Sponsor
- Have a CAS (Confirmation of Acceptance for Studies) number from your UK educational institution
- Meet minimum financial requirements to live, pay tuition, and cover expenses while in the UK
- Have proof of English language proficiency (there are some exceptions):
- Nationality from an English speaking country, or
- An accepted English language degree, or
- Successfully passing an accredited English language test
In addition, your course must meet the criteria. You can attend the following on a Tier 4 (General) Visa:
- a full-time course that leads to at least a Level 6 qualification on the Ofqual register
- a part-time course leading to at least Level 7 on the Ofqual register
- a foreign course of degree level study that’s equal to a UK higher education course and is being run by an overseas higher education institution
- a full-time course, with at least 15 hours per week of organised daytime study, leading to a qualification which is at least Level 3 on the Ofqual register
- a recognised foundation programme as a postgraduate doctor or dentist
What Documents Are Required for a Tier 4 General Student Visa?
To successfully apply for a Tier 4 Student Visa, you will need to submit the following (a non-exhaustive list of) documents with your application:
- your passport or other valid travel document
- CAS (Confirmation of Acceptance for Studies)
- proof (in the form of bank statements or other financial documents) that you can pay for your course fees and support yourself throughout the time you spend studying
- proof that your parent or guardian consent to you coming to the UK if you are under 18 years old, proof of your relationship with your parent or guardian
- the results of your Tuberculosis test if you are required to have one
The Advantages of Having a Tier 4 General Student Visa
Students from all over the world pursue an ambition to learn at one of the world-renowned educational institutions in the UK. For students outside the EEA, getting permission to live and study in the UK is sometimes challenging.
The Tier 4 (General) Student Visa allows you to live and study in the UK, and subject to meeting relevant requirements you can work up to 20 hours per week during term time and full time during off-term time. You may also be able to bring your immediate family with you while you are studying.
What Can I Do if My Tier 4 General Student Visa Application is Refused?
Tier 4 Student Visa application can be refused mentioning that you are not genuine student. An interview from Entry Clearance Officer can be conducted while considering your visa application to establish whether you are a genuine student as required by the paragraph 245ZV(k). If your Tier 4 Student Visa application is refused, there are several options available to you, including:
Our lawyers can assist you with deciding the best course of action and provide clear, concise legal advice and representation.
How A Y & J Solicitors Can Assist with Tier 4 General Student Visa applications
Our highly qualified lawyers are experienced in successfully obtaining student visas for non-EEA nationals. We work closely with our clients from the first introduction until they receive the decision on their visa application and ensure the process as simple and stress-free as possible. Read our clients reviews here.
An Extensive Guide Through Your Human Rights Application in the UK
Our Immigration Lawyers Provide Expert Support for Your Human Rights Application
- Understanding of Human Rights Applications
- Key Aspects of Article 8: Private and Family Life
- Eligibility Requirements for a Human Rights Application
Apply for Your Human Rights Application with Expertise
Applying for a Human Rights application in the UK, particularly under Article 8, can be a challenging process with difficulties for applicants. The Home Office is strict on granting Human Rights applications and ensuring applicants meet the eligibility requirements. One wrong move and your application can be turned down, with disastrous consequences for your future endeavours. Going through the application process on your own is a risky gamble, and proving you are eligible can be tougher than you think. Our specialist Human Rights immigration attorney team can guide you through that minefield and ensure your application is as watertight as possible.
Safeguard a Successful Human Rights Application
At A Y & J Solicitors, our qualified lawyers have extensive experience in this area, from visa application to appeal. Our client care goes far beyond the technicalities of law – we always offer honest and easy-to-understand advice, and we care deeply about our client’s situations. Therefore, we always provide sensitive, compassionate legal advice and representation; ensuring that you are kept fully informed of any developments regarding your case. We specialise in handling complex human rights claims.
"
I lack words to show how happy I am to have met A Y & J Solicitors. You've proven beyond doubt that you're the best. You've been supportive from the first day to the last, not minding my shortcomings, and you have patiently assisted us down to this day. Our visa applications were all approved, none were denied, courtesy of your relentless efforts. I'll recommend you over and over again.
"
Jane Onyekachi
Expert service
Bad advice can lead to delays and refusals you can’t afford to risk. That’s why we assign a subject matter expert - a UK immigration associate - to manage your case throughout.
Fast response
It’s frustrating when you don’t know what’s going on with your case. We guarantee a reply to all messages/emails within 24 working hours or we refund 20% of your fees.
Fixed fees
No one wants to be worried about runaway legal costs. Our services have fixed fees so you know exactly how much you need to pay, with no nasty surprises down the line.
Your Answers to Questions About Human Rights Application
Other UK Visa Application Services We Deliver
Need Expert Legal Guidance to Help You Through the Minefield of Human Rights ?
A Y & J Solicitors has more than 1,200 positive client reviews across Google and Trustpilot and is listed in The Legal top 500 best UK law firms, so you can rest assured your immigration challenges are in safe hands when you take these three simple steps:
- Assess Your Needs. Let us know about your goals for Human Rights and we’ll tell you how we can support your specific needs.
- Get Into The Detail. You’ll be assigned to one of our Immigration Associates who will examine your case. And walk you through our clear 5-step plan outlined above.
- Enjoy Peace of Mind. Know your Human Rights is in safe hands with expert immigration lawyers to guide you every step of the way.
As a multi-award-winning, SRA-regulated law firm recommended by The Legal 500 with over a decade of specialised immigration experience, we create the gold standard and benchmark in expertise, authority, and credibility to get the desired results. Moreover, this result driven approach has created an overall record of 5,000+ successful immigration and visa applications, enabling the companies and individuals to be confident that their visa process is in experienced hands committed to their success.
Transforming Lives: Real Stories of Client Satisfaction
"They are expensive I'll give you money I booked the consultation and after that I'll give my case but it's not success and then that don't give me any answer they don't help me for next step there don't pick my phone or that don't give me any answer"
"I am glad that I retained the services of A Y & J solicitors, they were very helpful with my queries and offered great support in my application process."
"Excellent service from AY Solicitors, especially Ikra, who handled my son’s first passport application. She was professional, efficient, and made the whole process smooth and stress-free. Highly recommend!"
"Grateful thanks to Ms.Ashu Singh and A Y & J Solicitors team for excellent service from start to finish. The team was very professional, explained every step clearly, and handled my visa application with great care. Thanks to their guidance, my visa was approved without any issues. I highly recommend their services.”"
"I had a wonderful experience working with Ikra Ahmed. She was professional, knowledgeable, and very supportive throughout the entire process. I highly recommend her services to anyone in need of expert guidance."
"Called me regarding finance visa inquiry, answered all my questions was very clear and reassuring"
Do you need help with Human Rights Application
Human Rights Application UK
The majority of Human Rights Application are based upon article 8 – your right to respect for your private and family life. The Home Office refers to paragraph 276ADE to decide the private life factor of the Article 8 claim and Appendix FM to decide the family life of the Article 8 claim.
At times, Immigration law and human rights law are intertwined. The Human Rights Act 1998 brought the provisions of the European Convention of Human Rights (ECHR) into UK law. However, this landmark treaty was drafted back in 1950 by the Council of Europe. One of its main purposes was to ensure that the horrors experienced by European citizens in the Second World War never happened again.
Contrary to popular belief, Britain’s adherence to the ECHR is completely separate from its membership of the EU. This means that the UK’s exit from the EU will have no effect on its duties under the convention.
The experts at A Y & J Solicitors have years of experience working with immigration clients who have human rights claims, both through representation, and through maintaining an informative stance on current rulings and actions.
Do you need help with Human Rights Application?
What Are the Eligibility Requirements for Making a Human Rights Application?
The two main articles of the European Convention on Human Rights (ECHR) which are used to make applications on human rights grounds are Article 3 and Article 8.
Article 3 provides:
Human Rights Act Article 3- “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Article 3 can be a pivotal part of a Human Rights Application as it prevents the British Government from removing someone from the UK to a country where there are substantial grounds for believing an individual will face a real risk of serious harm. “Serious harm” includes torture, inhuman or degrading treatment and punishment. Examples of this include:
- If you are likely to suffer harsh imprisonment, torture or persecution if you are returned to your home country
- If you have a life-threatening illness and are receiving treatment in the UK and this treatment is not available in your home country
- If your home country is a war zone and/or suffers from conditions of severe impoverishment
- The threshold for Article 3 claims is high; however, it is an absolute right, meaning there is no situation where it can be lawfully breached.
The threshold for Article 3 claims is high; however, it is an absolute right, meaning there is no situation where it can be lawfully breached.
If you choose to make a claim under Article 3, then you will need the assistance of an experienced human rights lawyer to check if your application could pass the extremely high threshold. Luckily, our team will be here to support you through the process, and helping you to protect your safety.
Article 8 provides:
Human Rights Act Article 8 – Right to Respect for Private and Family Life
- 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 as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Many applications are made by families wishing to remain in the UK, under Article 8. This is because under the points-based system of immigration there is usually no right of appeal except under human rights grounds.
According to Article 8, individuals have a right to a private and family life that is free from state interference. As such, Article 8 applications may help keep families together, and prevent them from deprivation of private life.
If you are making an application for a Points-Based System visa, we advise that you provide a route for an Article 8 appeal if possible. We can analyse the circumstances and prepare legal representation so that our clients have the right to appeal on human rights grounds wherever possible. This provides the ability to challenge a visa refusal in a more cost-effective way than bringing a judicial review.
How Do I Make a Human Rights Appeal if My Human Rights Application is Refused?
To make a human rights appeal on a Points-Based System visa, applicants may need the legal advice and representation of an experienced immigration lawyer. Our team can check that right from the start of your visa application any possibility of a human rights appeal is identified and incorporated in submission of application to UK Visas and Immigration (UKVI). If your human rights appeal is unsuccessful and a right of appeal is not given, we can work with you to bring a challenge on the refusal via judicial review if the case has merit.
What Are the Advantages of Making a Human Rights Appeal?
Challenging an immigration refusal by appealing is usually more cost-effective than judicial review. This is because an application for judicial review must be approved by the court before the procedure can begin. The approval process requires a great deal of preparation in itself, which increases the legal costs of a judicial review.
By identifying any human rights claim at the outset, our team can save you money, time and energy by improving the chances of a right of appeal on human rights grounds, should your visa application be refused.
Why Choose A Y & J Solicitors to Manage Your Human Rights Application or Human Rights Appeal?
Human rights claims, especially those involving Article 8, are complex. Our qualified lawyers at A Y & J Solicitors have extensive experience in this area, from visa application to appeal. Our client care goes far beyond the technicalities of law – we always offer honest and easy-to-understand advice, and we care deeply about our client’s situations. Therefore, we always provide sensitive, compassionate legal advice and representation; ensuring that you are kept fully informed of any developments regarding your case.
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Whether you're considering the self sponsored visa to come to the UK or just looking to learn more, this video has you covered. In this video, we'll be tackling some frequently asked questions about Self-Sponsorship. We'll be addressing six questions in total, so make sure to stick around to get all of your questions answered.
Question 1
Can someone on an innovator visa switch to a Self-Sponsorship route?
Question 2
Someone wants to bring over his mother as a dependent if she is 70 years old. Can we do that as a dependent or adult-dependent relative? Is it possible for me to bring my mother if I opt for the Self-Sponsorship Visa Route?
Question 3
Can someone under the Self-Sponsorship route invest in properties, rent them, and generate additional income?
Question 4
How long can the applicants stay outside the UK under Self-Sponsorship Route?
Question 5
Would this be a problem if someone is on a Tier 4 visa and has an Indian diplomatic passport?
Question 6
If someone is from China, a majority shareholder of their company in the UK, they wish to get Self-Sponsorship.
Learn more about Self-Sponsorship: http://bit.ly/3JQMsV3.
Download the guide for Self-Sponsorship Guide: http://bit.ly/3lpfsJy.
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DISCLAIMER: THIS INFORMATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR a Professional Legal Advice. PLEASE CONSULT A Professional Legal Adviser FOR GUIDANCE SPECIFIC TO YOUR CASE.
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My experience with A Y & J Solicitors was really good. Very detailed and knowledgeable. All my questions were answered on time. They are very approachable and friendly. I would highly recommend them – it may be very simple query or a very complex case; you can trust them.
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