Human rights in the UK are safeguarded by the Human Rights Act 1998, which incorporates the rights set out in the European Convention on Human Rights into domestic law. At RBJ Immigration, we regularly advise clients on matters relating to Article 8 of the Convention. This important provision protects your right to respect for private and family life, your home, and your correspondence. As one of the key rights enshrined in the Human Rights Act, Article 8 plays a crucial role in many immigration and asylum cases.
Article 8 is a qualified right, meaning that only a disproportionate interference with your private and family life would amount to a violation of this right.
In UK immigration law, private life refers to a person’s right to live with dignity, autonomy, and identity. This includes aspects such as:
These elements are protected under Article 8 of the European Convention on Human Rights (ECHR), which is often used in immigration applications and appeals.
Family life relates to your right to establish and maintain close relationships with family members. This generally includes:
UK immigration law recognises that removing someone from the UK could disrupt their family life. In some cases, courts have even recognised family life between non-blood relatives if the emotional bonds are strong and long-standing.
When applying for leave to remain in the UK on human rights grounds, particularly under Article 8 of the ECHR, the Home Office or Immigration Tribunal will consider:
However, your right to private and family life is not absolute. It is often weighed against the UK government’s interest in immigration control and protecting public resources.
If you’re concerned about how your private or family life affects your immigration status, it’s essential to seek professional immigration advice. Our experienced immigration advisers can guide you through the process, ensuring your rights are properly presented and defended.
Article 3 of the Human Rights Act protects individuals from inhuman or degrading treatment. It is an absolute right, meaning it cannot be violated under any circumstances. This article is frequently relied upon in applications to the Home Office. Situations such as the denial of medical treatment or abuse by state or non-state actors may form the basis for a successful claim to remain in the UK.
In immigration cases, if it can be shown that returning you to your home country would expose you to inhuman or degrading treatment—whether by the state, non-state actors, or because essential medical care is unavailable—the UK has a legal duty to let you stay. This protection is especially vital for individuals escaping persecution, conflict, or serious human rights violations.
Need expert immigration advice on your Private or Family life application? Contact our friendly UK immigration lawyers today on 0330 113 1316 or complete our enquiry form. We're here to guide you every step of the way.