Immigration Law and Human Rights Law

Immigration law is vast; from complex UK immigration laws which incorporate British Nationality and Human Rights law. There are immigration rules, case laws and a multitude of ever changing Home Office policy’s to be familiar with when making an immigration application.

The UKBA (United Kingdom Border Agency) is responsible for controlling immigration both outside and inside the UK. The Secretary of State is the person responsible for issuing a decision to an individual who makes an application to remain whilst in the UK and governs UKBA.

Visa extensions applications, Tier points based system applications, Human Rights applications, applications to regularise legal status for overstayers, indefinite leave to remain applications and British Nationality applications are some of the applications submitted to the Home Office. The Secretary of State is then responsible for issuing a visa or refusing a visa application. Some visa applications will attract a right of appeal which means an individual can ask an Immigration Judge to reconsider his application if there are grounds to believe that the Secretary of State has made an error.
The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe. A commonly used human rights ground to argue is contained under article 8 which states that:

1. “Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of nationals security public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”.

It is important to obtain specialist legal advice and assistance when making an application for leave to remain in the UK. At Greenfields Solicitors, you can be assured that we have the knowledge and expertise to provide you with the very best advice to help you understand your options.

We offer telephone advice or consultations at our London offices so that you receive accurate, helpful advice when you need it most. We charge a fee of just £59.00 for a consultation with an experienced immigration solicitor.