Human Rights Applications

Some people need to remain in the UK not because they fit a particular visa category, but because requiring them to leave would breach their human rights. The European Convention on Human Rights, given effect in UK law, protects rights such as the right to respect for family and private life and the right not to be subjected to torture or inhuman or degrading treatment. These claims are often complex and personal, and we handle them with care and in confidence.

Types of human rights claim

Article 8: family and private life

Article 8 protects the right to respect for family and private life. Many Article 8 claims are considered under the family and private life rules in the Immigration Rules, for example:

• Partners and parents with genuine relationships with people in the UK, including where the usual requirements of the partner route cannot be met.
• Children who have lived in the UK for 7 years continuously where it would not be reasonable for them to leave.
• Young adults aged 18 to 24 who have lived in the UK for more than half their life.
• Adults who have lived in the UK continuously for 20 years, or who would face very significant problems if they had to return.

Where the Immigration Rules are not met, it may still be possible in some circumstances to argue that refusal would breach Article 8. Whether that argument is realistic depends closely on the facts.

Article 3 and other human rights

Article 3 prohibits torture and inhuman or degrading treatment. Where the risk is of harm in the home country, the claim is usually made as a protection claim through the asylum process. Other human rights claims, and requests for permission outside the Immigration Rules, can be made in their own right. Human rights points can also be raised during an asylum claim or in response to a removal or deportation decision.

How a claim is made in the UK

• Form FLR(FP): used for Article 8 family and private life applications under the Immigration Rules, including the 10-year partner, parent and private life routes.
• Form FLR(HRO): used for other human rights claims and for permission outside the rules.

Both are online applications. A Home Office fee usually applies, but a fee waiver can be requested by people who cannot afford it; for FLR(HRO), a fee waiver must be applied for first. Grants on the private life route are usually for 2 years 6 months, with settlement possible after 5 or 10 years depending on the category.

Evidence commonly needed

• Proof of relationships, such as marriage or birth certificates and evidence of living together.
• Evidence of residence in the UK over the relevant period.
• Evidence about children, including school records and, where relevant, social services or professional reports.
• Medical evidence where health is part of the claim.
• A detailed statement explaining your ties to the UK and what would happen if you had to leave.
• Letters of support from family, friends, employers or community members.

If the claim is refused

Refusal of a human rights claim usually carries a right of appeal to the First-tier Tribunal under section 82 of the Nationality, Immigration and Asylum Act 2002, generally within 14 days if you are in the UK. The exception is where the Home Office certifies the claim as clearly unfounded; there is then no right of appeal, and judicial review may be the only remedy. See our immigration appeals page.

Recent and proposed changes

For deportation cases, from 22 March 2026 suspended sentences of 12 months or more (for convictions on or after that date) are treated in the same way as custodial sentences of that length. This affects how Article 8 is weighed in those cases.

The Government has also announced plans to narrow the way Article 8 applies in immigration cases, including a statutory definition of family life, changes to how the public interest is weighed, and rules on how and when Article 8 claims are made. These are proposals only and are not yet in force.

Common problems we help with

• People whose partner or family application cannot meet the usual financial or immigration status requirements.
• Long-term residents with no current permission.
• Families with children who have grown up in the UK.
• People facing removal or deportation who have strong family ties here.
• Fee waiver applications.

How Stonebridge can help

We assess whether a human rights claim is appropriate and which form applies, gather and organise evidence, prepare detailed legal representations, apply for fee waivers where eligible, and advise on the next steps if the claim is refused.

No outcome can be guaranteed, but a well-prepared claim gives your circumstances the best chance of being properly considered. Please book a confidential consultation to discuss your situation.