News & Updates

Human Rights of Over-Stayers

Since the incorporation of European Human Rights into UK law the majority of applications submitted to the Home Office by over-stayers and illegal immigrants have been submitted as Human Rights claims.

The threshold for seeking refugee status is extremely high. Therefore Human Rights applications have become more prevalent and often the first choice for those seeking asylum. The application process is difficult and can be quite complex to the lay person. The lack of support with applications lead to many being rejected. Without understanding the criteria or requirements to make a Human Rights claim, it will be difficult to navigate the application process and submit a suitable application.

We will try to briefly explain the basic requirements of eligibility for a Visa under the various articles of Human Rights law.

Most of the applications are submitted under the following three categories:

  1. Private Life
  2. Family life
  3. Very compelling compassionate reasons.

Private life


  • should have lived lawfully most of the time in the UK.
  • must have socially and culturally integrated into UK society.
  • will face significant obstacles to integrate into their Home country.

Family life

They should have a genuine and subsisting parental relationship with a child who is British or resident in the UK for the last 7 years without any break.

It needs to be in the best interest of the child to live in the UK.

Very compelling circumstances

They should have a genuine and subsisting relationship with British or Settled partner. It would be deemed unduly harsh for the partner to leave the UK or there are insurmountable obstacles in going back to the country of origin.

I hope that this information helps potential applicants and if you need more information please contact Dost Malik of Farani Taylor Solicitors. You can email or call on 0207 242 1666.

Leave a Reply