Human rights law sits at the heart of UK immigration practice. When a decision to refuse a visa, remove a person or separate a family would breach fundamental rights, the Home Office must think again. At Kreston Solicitors, our London-based human rights immigration team helps clients across Enfield, North London and Greater London make and defend applications based on the European Convention on Human Rights (ECHR) as incorporated into UK law by the Human Rights Act 1998.
Human rights claims are not a last resort, they are often the central argument in partner visa cases, deportation appeals, long residence cases, parent-of-a-child cases and claims based on medical conditions. With changing Immigration Rules, expert legal representation from experienced London human rights solicitors makes a significant difference.
Human Rights That Commonly Arise in UK Immigration
- Article 8, Right to Respect for Private and Family Life
- Article 3, Prohibition of Torture and Inhuman or Degrading Treatment
- Article 2, Right to Life
- Article 6, Right to a Fair Trial
- Article 14, Prohibition of Discrimination
Human Rights Applications We Handle
- Applications outside the Immigration Rules based on exceptional circumstances
- Partner and parent applications under Appendix FM where the Rules are not fully met
- Long residence applications, including 10-year private life applications
- Applications by young people who have spent most of their life in the UK
- Medical-grounds applications under Article 3 (AM (Zimbabwe) cases)
- Deportation appeals by foreign national offenders
- Applications to restore status for overstayers whose circumstances now give rise to compelling human rights considerations
- Fresh claims and further submissions after previous refusals
Long Residence and Private Life
If you have lived in the UK for a long time, you may qualify under the private life provisions of Appendix Private Life:
Applicants over 18 who have lived continuously in the UK for 20 years
Our London immigration lawyers also advise on continuous lawful residence applications (10-year route) and on residence based on Article 8 outside the Rules where exceptional circumstances exist.
Our Approach to Human Rights Cases
Human rights cases succeed or fail on the evidence. A well-drafted human rights representation sets out (clearly and with documentary support) every relevant factor: the length of your residence in London or elsewhere in the UK, your employment and contributions, your family relationships, your children’s attachment to the UK, any health issues, your integration into local life, and any circumstances in your country of origin that would make return particularly harsh.
Our London human rights solicitors take the time to understand your life in detail, obtain supporting evidence from schools, GPs, employers, community members and religious or cultural organisations, and present the case in the way that best meets the relevant legal tests.
Why Choose Kreston Solicitors?
- Extensive experience in human rights-based immigration cases in London and nationally
- Understanding of the diverse communities we serve, Turkish, Kurdish, South Asian, African, Middle Eastern, Eastern European and more
- Access to expert medical and country reports where needed
- Clear advice, transparent fees and realistic prospects assessments
- Enfield office for convenient face-to-face consultations across North London
Contact Our Human Rights Immigration Solicitors
If you are worried about being removed from the UK, or if you want to regularise your stay based on your family and private life, contact Kreston Solicitors for a confidential consultation.
FAQs
Frequently Asked Questions
Yes. Overstayers and those without lawful status can make human rights applications based on family or private life. Success depends on your individual circumstances, the evidence you can provide and whether you meet the tests under the Immigration Rules or (failing that) outside the Rules on exceptional circumstances grounds.
Children who have lived in the UK continuously for at least 7 years may qualify for leave to remain where it would be unreasonable to expect them to leave the UK. This provision has been the subject of important case law, and each case is fact-specific. Our London immigration lawyers can assess your child’s position in detail.
Not automatically, but 10 years of continuous lawful residence can support an application for ILR under the long residence route, and may also be relevant to Article 8 claims. If your 10 years was partly unlawful, you may still have a private life claim but the test is different.
Yes, often decisively. The best interests of a British or settled child are a primary consideration in Article 8 cases. The test is usually whether it would be ‘reasonable’ to expect the child to leave the UK.
Yes. Kreston Solicitors is at 44 London Road, Enfield, serving clients across North London (Edmonton, Palmers Green, Wood Green, Tottenham, Southgate, Haringey, Barnet) and wider Greater London.
In very serious cases, yes. The test under Article 3 is demanding: there must be substantial grounds for believing that, if removed, you would face a real risk of a serious, rapid and irreversible decline in your health due to lack of treatment in your country of origin. Good medical evidence is essential.
Most partner visa refusals have a right of appeal on human rights grounds. The appeal will usually focus on whether refusal breaches your Article 8 rights. Deadlines are strict, contact our London immigration appeal solicitors immediately if you receive a refusal.