Leave to remain visa: Right to maintain private family life

You can apply for leave to remain UK visa based on the human rights argument. The human rights act falls under article 8 of ECHR(European Convention on Human Rights), this act is also part of UK’s law. It is applicable even after Brexit. Article 8 protects people’s right to family and private life. Hereby, you can apply for this visa route if your family/private life is at stake or you feel compromised on that aspect. The law recognises family life through husband-wife relationships, long-term relationships and civil partner relationships. Parents of children under 18 who are British citizens can also apply for leave to remain visa.

Explanation of Private/family life in the UK

Since ECHR recognises following relationships as your family relations

1.    Husband-wife
2.    Civil partner
3.    Longterm partner
4.    Children under 18

Other extended family relationships or people other than those mentioned above will not be included in your family/personal life relationships. Moreover, while opting for the Family life visa route, you can’t include work, community, charity, study or simply the purpose of visiting activities in this visa route.

What does article 8 state?

Article 8 states that 

All individuals have the right to maintain a private and family life, home and other boundaries

Authorities can not interfere in someone’s life until they are a threat to following

1.    Public safety 
2.    National security
3.    The economic well-being of the state
4.    Rights and freedom of others
5.    Health and morals
6.    They’re contributing to a crime or chaos

These points are not absolute, they can be breached or modified depending on the circumstances. If your application qualifies for a family/private life visa UK route, you’ll be placed on a 10-year route to settlement. The initial visa duration will be of 30 months, before settlement. You would have to renew your visa at the end of each 30 months span for 10 years until you’re granted permanent leave to remain. 

Your application can include a child or a partner living in the UK even if they do not hold an immigration leave. You can state their stay time in the application to support your argument of how they cannot be refused leave to remain UK. Along with this, you can keep up the argument for your own stay in the UK.

This process may seem easy and simple but it involves a complex argument to properly convince the home office to grant you a leave to remain on humanitarian grounds. If you do not keep in view the technicalities, or leave a loophole in your application you might have to face rejection with no right to appeal. 

Hereby, leave the job up to the experts and we’ll prepare a solid application for you and provide you with complete guidance regarding all aspects for a sure shot of acceptance of the application. Gorings team has dealt with family life leave to remain visas and has a high success rate with plenty of satisfied clients.