{"id":5907,"date":"2025-05-18T19:43:56","date_gmt":"2025-05-18T18:43:56","guid":{"rendered":"https:\/\/darkgreen-dugong-323401.hostingersite.com\/?page_id=5907"},"modified":"2026-04-10T18:23:02","modified_gmt":"2026-04-10T17:23:02","slug":"%d0%b7%d0%b0%d1%8f%d0%b2%d0%bb%d0%b5%d0%bd%d0%b8%d1%8f-%d0%b7%d0%b0-%d0%bf%d1%80%d0%b0%d0%b2%d0%b0%d1%82%d0%b0-%d0%bd%d0%b0-%d1%87%d0%be%d0%b2%d0%b5%d0%ba%d0%b0","status":"publish","type":"page","link":"https:\/\/angelov.law\/bg\/personal-immigration\/family-visa\/human-rights-applications\/","title":{"rendered":"\u0417\u0430\u044f\u0432\u043b\u0435\u043d\u0438\u044f \u0437\u0430 \u043f\u0440\u0430\u0432\u0430\u0442\u0430 \u043d\u0430 \u0447\u043e\u0432\u0435\u043a\u0430"},"content":{"rendered":"\t\t
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\n\t\t\t\t\t\tPersonal Immigration\n\t\t\t\t\t<\/span>

Human Rights Immigration Applications<\/h2><\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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  1. Home<\/a><\/li>
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  3. Personal Immigration<\/a><\/li>
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  5. Bring Family to the UK<\/a><\/li>
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    Human Rights Applications (ECHR) in UK Immigration<\/h3>

    A human rights application asks the Home Office to grant, extend or vary leave because refusing it or removing you from the UK would breach your rights under the European Convention on Human Rights (ECHR)<\/a>, as applied in UK law by the Human Rights Act 1998. In immigration law, this most often concerns the right to respect for family and private life (Article 8) and the prohibition on torture and inhuman or degrading treatment (Article 3). If a \u201chuman rights claim\u201d is refused, applicants will usually have a right of appeal to the First-tier Tribunal.<\/p>

    What is a Human Rights Claim in UK Immigration Law?<\/h3>

    Section 113 of the Nationality Immigration and Asylum Act 2002 provides a definition of a human rights claim:<\/p>

    \u201cHuman rights claim\u201d means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful<\/strong><\/span> under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention.<\/em><\/p>

    In simple terms, it is a claim that a refusal or removal would be unlawful because it is incompatible with your ECHR rights. The Home Office must assess the substance of the claim, consider all relevant evidence (including the best interests of any child affected), and decide whether a grant of leave is required under the Immigration Rules (e.g., Appendix FM or Appendix Private Life) or, if the Rules are not met, whether leave should be granted outside the Rules to avoid a rights breach. If refused, most applicants have a statutory right of appeal.<\/p>

    What are the Common ECHR rights relied upon in Immigration Applications?<\/h3>
    Article 3 Prohibition of torture<\/h5>

    No one shall be subjected to torture or to inhuman or degrading treatment or punishment.<\/p>

    Article 4 Prohibition of slavery and forced labour<\/h5>

    1. No one shall be held in slavery or servitude.
    2. No one shall be required to perform forced or compulsory labour.
    3. For the purpose of this Article the term \u201cforced or compulsory labour\u201d shall not include:<\/p>

    (a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
    (b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;
    (c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;
    (d) any work or service which forms part of normal civic obligations.<\/p>

    Article 8 Right to respect for private and family life<\/h5>

    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 is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being 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.<\/p>

    Which Immigration Applications are considered Human Rights Applications?<\/h3>

    Applications made within the Immigration Rules<\/h5>

    The relevant applications are those made under:<\/p>