Human Rights
If you believe you have suffered an infringement of your human rights, we could help you make a claim.
Human Rights & Discretionary Applications
The Immigration Rules cater to variety of circumstances, allowing individuals to come to the UK to visit, work, study, join family and seek refuge.
However, in some cases, there may be no appropriate route under the Immigration Rules to match an individual’s particular circumstances. In such cases, it may be appropriate to submit an application on Human Rights or discretionary grounds, outside of the Immigration Rules, due to the exceptional or compassionate circumstances of the case.
Key requirements and considerations
This area of law is very fluid. The Home Office will consider the particular circumstances of your case and your supporting documents and make a decision on a case-by-case basis. It is therefore crucial to ensure such applications are as comprehensive as possible, all documents are provided and the procedural steps have been fully complied with.
Basis of the application
It is important to clearly communicate the basis of the application to the Home Office – if there is more than one reason, all reasons must be clearly conveyed to the Home Office.
Eligibility criteria
There is no strict eligibility criteria for such applications as they are highly discretionary and dependent on the circumstances of the case. However, in order for the application to be successful the Home Office would have to be satisfied that a refusal would lead to unjustifiably harsh consequences for those involved.
Supporting documentation
Given the fluid and discretionary nature of these applications, submitting appropriate, robust and verifiable supporting documents is crucial to increase the chances of a successful outcome.
Avoiding delays and errors
Incomplete or inaccurate applications can lead to delays or refusals. Adhering to all procedural requirements is essential for a smooth process.
Duration of permission
If the application is approved, the Home Office will grant permission to remain in the UK for a specified period based on the circumstances of the case. Permission can be granted for any duration and in some exceptional cases, the Home Office may grant Indefinite Leave to Remain (i.e., permanent residence).
How we can help
Irwin Mitchell’s specialist immigration team is highly experienced in dealing with complex applications outside of the Immigration Rules.
Whether you are applying on your own, or with your family, we are available to provide you with advice as to your options and support you with an application to stay in the UK due to compelling or compassionate circumstances.
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