Human Rights & Private Life Applications – Understanding Article 8 (2025 Guide)

Not every immigration case fits neatly into a standard visa category. Some people have built their entire lives in the UK, with children in school, partners, or health conditions that make returning home impossible.

In these situations, Article 8 of the European Convention on Human Rights (ECHR) may protect an individual’s right to stay in the UK.

At AHJ Immigration, our solicitors regularly assist clients with human-rights-based and private-life applications, ensuring that their cases are presented clearly, compassionately, and in line with current Home Office policy.

What Is Article 8?

Article 8 of the ECHR guarantees everyone the right to respect for private and family life, home and correspondence.
The UK incorporated this right into domestic law through the Human Rights Act 1998, meaning that immigration decisions must respect it unless interference is justified and proportionate.

In simple terms, the Home Office must consider:

• Your family ties in the UK;
• The length of your residence here;
• Your social and cultural integration;
• And the impact of removal on you and any dependants.

When Can You Apply Under Article 8?

You may apply for leave to remain based on human rights if:

• You have lived in the UK for several years without status.
• You have a British or settled partner or child.
• You are unable to return to your country because of health or safety concerns.
• You have spent most of your life in the UK and are socially integrated.

These cases usually fall under the 10-year family or private-life route in the Immigration Rules (Appendix FM and PL).

Family-Life Applications (Article 8 – Appendix FM)

The family-life route applies if you have close family relationships in the UK, such as:

• A British or settled partner (spouse, civil partner or unmarried partner).
• A British or settled child, or a child who has lived in the UK for at least 7 years.

If you cannot meet all the standard visa requirements (for example, income or English language), you may still qualify for limited leave if refusal would cause “unjustifiably harsh consequences” for your family.

This is sometimes called the “EX.1 exception” within Appendix FM.

Private-Life Applications (Article 8 – Appendix PL)

The private-life route protects people who have formed significant personal and social ties in the UK.
You may qualify if you can show one of the following:

• 20 years’ continuous residence in the UK (lawful or unlawful).
• 7 years’ residence as a child (under 18 years old).
• Half of your life spent in the UK if you are aged 18–25.
• Very significant obstacles to integration in your home country (for adults).

Private-life leave is normally granted for 30 months, leading to settlement after 10 years.

The 10-Year Route Explained

The 10-year route provides limited leave to remain that must be renewed every 2 ½ years.
After 10 years of continuous lawful residence under this route, you can apply for Indefinite Leave to Remain (ILR).

During this time, applicants can:

• Work and study in the UK.
• Access the NHS (subject to IHS payment).
• Live with their partner and children lawfully.

However, any gaps in residence or missed renewals can break continuity, delaying settlement.

Evidence Required for Human-Rights Applications

Strong evidence is essential to show genuine private or family life. Examples include:

• Birth certificates and school letters for children.
• Tenancy agreements or bills proving shared home.
• Photos, communication logs, and joint finances with partners.
• GP letters or hospital records confirming medical conditions.
• Letters from community leaders, teachers, or employers.

AHJ Immigration prepares structured evidence bundles that address each Home Office test directly.

Application Process

1. Complete the correct online form – FLR(FP) for family/private life.
2. Pay fees:
   • Application fee: £1 048 per applicant (2025 rate).
   • Immigration Health Surcharge (IHS): £1 035 per year.
3. Upload documents through UKVI’s portal.
4. Attend biometrics appointment or use the UK Immigration ID Check app.
5. Decision time: around 8–12 weeks standard, or faster with Priority Service if available.

If granted, you receive a digital eVisa confirming limited leave under the 10-year route.

Common Reasons for Refusal

1. Insufficient evidence of genuine family/private life.
2. Gaps in residence – unexplained absences or overstays.
3. Public-interest concerns – criminal record, debt, or non-compliance.
4. Failure to show “unjustifiably harsh consequences”.
5. Incorrect form or missing IHS payment.

Our solicitors carefully analyse refusal letters and prepare appeal submissions when necessary.

Appeal and Judicial Review Options

If your application is refused with a human-rights claim, you normally have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber).

Where no appeal right exists, you may still challenge the decision via Judicial Review if it is legally flawed.

AHJ Immigration assists clients with both appeals and pre-action protocols, ensuring every case is argued on its full merits.

Fee Waiver and Exceptional Circumstances

If you cannot afford the application fee or IHS, you may request a Fee Waiver.
You must show you are destitute or payment would render you unable to meet essential living costs.
Our team prepares strong Fee Waiver applications alongside the human-rights claim, linking financial hardship to the overall case.

How Article 8 Protects Children

Children’s best interests are a primary consideration under section 55 of the Borders, Citizenship and Immigration Act 2009.
Where a child is British or has lived in the UK for 7 years, the Home Office must show removal is proportionate.

Evidence such as school progress, community participation, and emotional wellbeing is key to success.

After You Receive Leave to Remain

You will:

• Obtain a digital eVisa confirming your status.
• Receive a decision letter outlining conditions (work permitted, no recourse to public funds unless granted).
• Need to renew every 30 months until eligible for ILR.

Maintaining continuous residence and accurate records is essential for settlement.

How AHJ Immigration Can Help

Our OISC-regulated advisers provide complete support with:

• Initial eligibility assessments.
• Preparing evidence bundles and legal representations.
• Fee Waiver requests and appeals.
• Transition to ILR or citizenship.

We treat every case with empathy and precision, ensuring your rights are fully protected.

Why Choose AHJ Immigration

• Experienced human-rights specialists based in Birmingham.
• Transparent, fixed fees and honest advice.
• Free 30-Minute Consultation to assess your case.
• 1-Hour Paid Consultation for document review (deducted if you proceed).

📞 Call 0121 828 2224 or Book Your Consultation Online today.

Disclaimer

Immigration rules and human-rights procedures may change. Information is accurate as of October 2025 and reflects Appendix FM, Appendix Private Life, and current Home Office policy.

FAQs

1. What is Article 8 of the Human Rights Act?
It protects the right to respect for private and family life, allowing certain migrants to remain in the UK where removal would be disproportionate.

2. Can I apply if I have no valid visa?
Yes. Human-rights applications can be made from within the UK even if your leave has expired, provided genuine family or private life exists.

3. How long before I can get settlement?
Usually 10 years of continuous lawful residence on the private or family-life route, unless you later qualify under a 5-year pathway.

4. Do I have to pay the IHS?
Yes, unless you receive a Fee Waiver. The surcharge grants NHS access for the duration of your leave.

5. Can I work while on a 10-year human-rights visa?
Yes, most applicants receive unrestricted work permission, though “no recourse to public funds” applies unless lifted.