Human rights in the UK & the 20 year rule

Human Rights in the UK

Since the implementation of the Human Rights Act 1998, it has been mandatory for all public authorities in the UK, including the Home Office and UK Visas & Immigration, to operate within the framework of the European Convention on Human Rights (ECHR). This ensures that rights outlined in the ECHR are upheld across the UK, protecting not only citizens but all individuals within its jurisdiction, regardless of their immigration status.

This protection extends to individuals under the care or supervision of UK immigration services, including those in detention or facing removal.

The 20 Year Rule

The "20-year rule" in the UK is a part of the immigration rules that allows individuals to apply for leave to remain based on long residence. This rule is often linked to Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life.

Here's how it can apply to human rights in the UK:

1. Private Life: The 20-year rule can be invoked by individuals who have lived in the UK continuously for 20 years, regardless of their immigration status. This long residence can establish a significant private life in the UK, which is protected under Article 8.
2. Family Life: While the 20-year rule primarily focuses on private life, it can also intersect with family life considerations. If an individual has established a family in the UK during this period, this can further strengthen their case under human rights grounds.
3. Discretionary Leave: Even if someone does not meet the strict criteria of the 20-year rule, they might still be granted discretionary leave to remain based on their human rights, particularly if removing them from the UK would disproportionately affect their private or family life.
4. Best Interests of Children: If the individual has children in the UK, their best interests are a primary consideration in any decision, aligning with human rights principles.

This protection extends to individuals under the care or supervision of UK immigration services, including those in detention or facing removal.

Protection Under the ECHR

The ECHR is a pivotal international treaty enshrining various civil and political rights, such as freedom from torture, the right to a fair trial, freedom of expression, and the right to respect for private and family life. Within the UK immigration system, the ECHR acts as a critical safeguard against any actions that might infringe upon these fundamental rights.

The Human Rights Act 1998 integrates the ECHR into UK law, enabling individuals to contest public authority decisions, including those related to immigration, if they conflict with the rights protected by the Convention.

Eligibility for Leave to Remain on Human Rights Grounds

Applicants may qualify for leave to remain in the UK based on human rights grounds if their removal would contravene the rights protected under the ECHR. Key rights pertinent to immigration cases include:

• Article 3: Prohibition of Torture and Inhuman or Degrading Treatment or Punishment. This right is absolute, meaning no circumstances justify its breach. If returning to one's home country presents a real risk of such treatment, whether from state entities, non-state actors, or due to inadequate medical care, the UK may be obligated to grant leave to remain.
• Article 8: Right to Respect for Private and Family Life. This is a qualified right, allowing for interference only if justified by public safety, national security, or economic reasons. In immigration contexts, Article 8 often supports claims that deportation would unjustifiably disrupt established private or family life, such as separation from family or severing significant community ties in the UK.

Right to Appeal Immigration Decisions

Should an immigration decision negatively impact an individual, such as a refusal of leave to remain, there is an opportunity to appeal based on human rights grounds. The Immigration Tribunal serves as an independent entity to review whether the Home Office's actions are aligned with ECHR obligations.

How Our Immigration lawyers and Barristers Can Help

Our team of expert immigration barristers and lawyers specialize in preparing and submitting human rights-based claims for leave to remain in the UK. We understand the intricacies of the Home Office’s regulations, policies, and case law, offering comprehensive guidance throughout the process.

Whether applying under Article 3, Article 8, or other  human rights provisions, we assist in gathering evidence, crafting detailed legal submissions, and representing clients in appeals if necessary. We are committed to understanding each client's unique situation and devising a strategy tailored to maximize success. Our approachable and proactive approach ensures clarity and reliability in meeting our clients' needs.

For those facing removal or seeking to secure their status on human rights grounds, our barristers are dedicated to providing expert legal advice and representation, ensuring support at every stage.