A person who has established his private and family life in the UK can apply to the Home Office, UKVI for permission to stay in the UK under Article 8 of the European Convention on Human Rights (ECHR).

Before 9 July 2012, all the applications made under Article 8 of the European Convention on Human Rights (ECHR) were considered by the Home Office outside the Immigration Rules and under the Discrtionary Leave policy of the Home Office. However, Immigration Rules were changed and implemented on 9 July 2012 whereby any claim for Article 8 is now first considreered and decided under the Immigration Rules before consideration of the same outside the Immigration Rules. The relevant paragraphs of the Immigration Rules for the consideration of such Article 8 claims include paragraph 276ADE to decide the private life factor of the Article 8 claim and Appendix FM to decide the family life of the Article 8 claim.

The UK courts have held that where the facts of the case are exceptional and the exceptionality test is satisfied, the Home Office should still consider the Article 8 claims outside the Rules after it has been considered under the Immigration Rules. In very exceptional cases, it is still possible for an applicant to fail in Article 8 claim under the Immigration Rules but still succeed outside the Immigration Rules due to exceptional compassionate circumstances surrounding the human rights application.

Various applications which can be made by applicants under Article 8 of the ECHR include the following:

Applications on the basis of private life in the UK

Following are the various applications which can be made for permission to stay or extension of stay under the private life factor of Article 8 of the European Convention on Human Rights (ECHR) under paragraph 276ADE of the Immigration Rules:

Application Based On 20 Years Long Residence

Initial Application For Leave To Remain On The Basis Of 20 Years Long Residence
Renewal/Extension Limited Leave To Remain Granted On The Basis Of 20 Years Long Residence
ILR Upon Completion Of 10 Years With Leave To Remain Granted On The Basis Of 20 Years Long Residence

7 Years Continuous Residence By A Child In The UK [Seven Years Child Residence Rule]

Initial Application Under 7 Years Child Residence Route
Renewal Of Leave To Remain Which Was Granted On The Basis Of 7 Years Child Residence
ILR On Completion Of 10 Years With Leave To Remain Under 7 Years Child Residence Category

Application On The Basis Of Very Significant Obstacles To Integration In Country Of Origin

Initial Application On The Basis Of Very Significant Obstacles To Integration In Country Of Origin
Renewal/Extension Of Leave To Remain Granted On The Basis Of Very Significant Obstacles To Integration In Country Of Origin
ILR On Upon Completion Of 10 Years With Leave To Remain Granted On The Basis Of Significant Obstacles To Integration In Country Of Origin

Application On The Basis Of Being Over 18, Under 25 And Living Half Of The Life Continuously In The UK

Initial Application On The Basis Of Being Over 18, Under 25 And Living Half Of The Life Continuously In The UK
Renewal/Extension Of Leave To Remain Granted On The Basis Of Being Over 18, Under 25 And Living Half Of The Life Continuously In The UK
ILR Upon Comletion Of 10 Years With Leave TO Remain Granted On The Basis Of Being Over 18, Under 25 And Living Half Of The Life Continuously In The UK

Discretionary Leave To Remain (DLR) Applications

Discretionary Leave to Remain (DLR) is granted outside the Immigration Rules and is based on human rights as well as compelling  compassionate circumstances of the applicant. The discretionary leave is based on discretion of the Secretary of State for the Home Department (SSHD) in favour of the applicant due to particular compelling and compassionate circumstances of the applicant and therefore despite not meeting the requirements of the Immigration Rules for the grant of leave to remain, the Secretary of State for the Home Department (SSHD) can exercise his/her discretion and grant someone discretionary leave to remain.

Discretionary Leave To Remain (DLR) - 6 Years Route

Renewal Of Discretionary Leave (6 Years Route)
ILR Under Discretionary Leave (10 Years Route)

Discretionary Leave To Remain (DLR) - 10 Years Route

Initial Application For Discretionary Leave (10 Years Route)
Renewal Of Discretionary Leave (10 Years Route)
ILR Under Discretionary Leave (10 Years Route)

Refusal Of Discretionary Leave (DLR)/Private Life Application? We Can Help

Appeal Against Refusal Of Private Life Application [FLR(FP) Application]
Appeal Against Refusal Of Discretionary Leave To Remain (DLR)
Pre-Action Protocol (PAP) For Judicial Review (JR) Against Decision Of The UKVI To Certify THe Human Rights Claim As Manifestly Unfounded
Judicial Review (JR) In The Upper Tribunal (UT) Againt Decision Of The UKVI To Certify The Human Rights Claim As Manifestly Unfounded

One Off Immigration Services For Discretionary Leave TO Remain (DLR) Application

Detailed Immigration Advice For Discretionary Leave To Remain (DLR)
Documents Checking Service For Discretionary Leave To Remain (DLR)

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