Human Rights and Other Applications

The current Immigration Rules are far from being a ‘complete code’ which cover all types of cases. As such, there are many circumstances where immigration applications may still be made even though you do not fit into the other categories already set out.

Human Rights Claims

The Human Rights Act protects a number of fundamental human rights, but for Immigration purposes the rights of Family Life and Private Life are often seen as the most important. These rights can sometimes be the lifeline that helps to push through an application which otherwise would not satisfy the immigration rules, whilst other times an entire claim might be based on Human Rights principles.

Proper analysis of possible Human Rights claims should be carried out at the outset of any application to ensure that you have as much ammunition to use as possible if an appeal or review is required at a later date.

Discretionary Leave and Leave Outside the Rules

Properly pleading a Human Rights claim may result in Leave to Remain being granted as Leave Outside the Rules (LOTR), but there are other established circumstances where LOTR or Discretionary Leave may be granted where you do not meet the Immigration Rules and you do not have strong Human Rights grounds to rely on.

If you do not feel that you fit into an established visa category, but your circumstances are particularly compelling, please speak to one of our advisers so that we can assess your case.

Long Residence

There is no guarantee that once you obtain a visa your circumstances are going to stay the same for the whole time you remain in the UK. As such, it may be necessary for you to switch visa categories from time to time such that you do not obtain Indefinite Leave to Remain in the usual way. For those who have lived in the UK for at least 10 years, but find themselves unable to renew their visa further, it may be possible to apply for Further Leave to Remain on the grounds of Long Residence.