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The Human Rights Act 1998 makes it unlawful for the public authorities including the United Kingdom Visa and Immigration Authority (UKVI) to act in a way that is not in consonance with the rights enshrined in the European Convention on Human Rights. The protection encompasses to all individuals living in the United Kingdom. 

Article 8: "the right to respect for private and family life.”

Based on Article 8, an interference with your private and family life needs to be disproportionate to constitute a breach of this right. In an immigration context, the right to respect for private and family life will often be balanced against the right of the state to control immigration and protect the economic well-being of the country.

If you have established a private life in the United Kingdom either by having a partner and/or child in the UK, Article 8 may be breached if the UKVI decide to separate you from your family. It may also be breached if you have resided in the UK for a long period of time and have established substantial ties, and that you have no ties to your native country. Furthermore, the UKVI must give consideration to the best interests of a child when exercising immigration procedure.

If your circumstances do not meet the requirements of the Immigration Rules, but there are compelling factors whereby a decision to remove you would amount to a disproportionate interference with your family or private life, it may be possible to apply for leave to remain on Article 8 grounds outside the Rules.


At Eldons Berkeley Solicitors we take a professional but personal approach to the way we handle our clients. Even if your application or appeal is complicated, our Immigration team has the experience and knowledge to find the best solution for you, by providing straight forward legal advice and a high standard of service.  

If you wish to discuss your particular requirements, please contact us on 020 7440 7744 or, fill out the contact form below.

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Eldons Berkeley Solicitors

7 Ely Place, London EC1N 6RY

020 7440 7744


Open today

09:00 – 17:30