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Asylum & Human Rights Applications

UK Skilled Worker Visa

Asylum & Human Rights: UK Applications Explained

The Framework of the European Convention on Human Rights

Under the Human Rights Act 1998, all public authorities in the UK—including the Home Office (UK Visas & Immigration) and its officers—are legally prohibited from acting in any way that conflicts with the rights enshrined in the European Convention on Human Rights (ECHR). This places a clear legal duty on the state to respect and protect these fundamental rights in all its decisions and actions.

Who Is Eligible for Leave to Remain on Human Rights Grounds?

The protections afforded by the ECHR extend to every individual physically present within the United Kingdom. They also apply to those who are under the authority and control of UK immigration officials, meaning the UK's human rights obligations can follow its officials even when operating outside the country.

Understanding Human Rights Applications

You may be eligible to remain in the UK if a decision to require your departure would constitute a violation of your human rights. In such cases, if you are facing an immigration decision that is subject to appeal, you have the right to challenge it before the Immigration Tribunal on the grounds that the decision breaches your rights under the ECHR.

In the context of UK immigration law, the two articles of the Convention that are most frequently relied upon are:

  • Article 3: The prohibition of torture and inhuman or degrading treatment or punishment. This is an absolute right. It can never be interfered with, no matter the circumstances. If removing you from the UK would expose you to a real risk of serious ill-treatment—whether from state authorities or non-state actors—or if it would deny you access to life-saving or essential medical treatment for a severe condition, the UK may be legally required to grant you leave to remain to prevent such a breach.

  • Article 8: The right to respect for private and family life. This is a qualified right. This means that interference with your private or family life must be balanced against other legitimate interests. In immigration cases, the state's interest in controlling its borders and protecting its economic wellbeing is weighed against your right to family and private life. A decision to remove you could breach Article 8 if it would unreasonably separate you from your partner and/or children in the UK. Similarly, a long period of residence, during which you have built deep personal and social ties, can also engage this right.

A crucial consideration for the Home Office is the requirement to treat the best interests of any child affected by an immigration decision as a primary consideration.

Speak directly with our immigration specialists today to get tailored legal support.

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