The Royal Liver Building, Pier Head, Liverpool, L3 1HU

T: 0151 958 0808         E: info@michaelrosebaylis.co.uk

Michael Rose & Baylis Limited  is authorised and regulated by the Solicitors Regulatory Authority (SRA Number 619545). Michael Rose & Baylis Limited is registered in England & Wales (Company No. 09207292). Registered  Office: The Royal Liver Building,Pier Head, Liverpool, L3 1HU.

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Right of Family and Private life under Article 8 of ECHR

Article 8 of ECHR has defined the right to family and private life of every person within the European union borders. Accordingly, any person, who has established private and family life in the in the UK, can claim the right to remain in the UK on that basis, despite their bad immigration history such as:

  • Overstayer

  • Illegal immigrant

  • Asylum seeker

  • Failed asylum seeker

  • Anyone who has not claimed under immigration rules and lived and remain in the UK

A family life can be established by proving there is a relationship to a child, parent, spouse or unmarried partner. A parent who does not have a legal right to be in the UK may be qualified to apply under this category if they have a qualified child in the UK. A child will be a qualified child, if they are a British child or a non-British child who has lived continuously for a period of 7 years immediately prior to the date of the application.

A private life can be established if the applicant is able to prove the following:

  • They are under 18 and have lived in the UK continuously for at least 7 years;

  • They are between 18 and 24 and have lived continuously in the UK for more than half their life;

  • They are 18 or over, have spent less than 20 years in the UK and would have very significant problems living in the returning country, i.e. do not speak the language and could not learn it;

  • They are 25 or over and have been in the UK continuously for 20 years

Successful applicants under this route will be issued leave to remain in the UK for an initial period of 30 months with a 10 year route or a 5 year route. Once the applicant has completed 5 years or 10 years in accordance with their initial grant, they will be eligible for settlement in the UK.

 

For a free 30 minute consultation with our Immigration Team, get in touch now.

 

Contact our Immigration Team on:   0151 318 0934