Alex Piletska

This Practice Note looks at human rights claims based on medical grounds, with a focus on Article 3 of the European Convention on Human Rights (ECHR). It explains how the test developed, what the Home Office guidance now requires, the kind of evidence that is usually needed and the procedural points that can make a significant difference in practice.An Article 3 medical claim is not an immigration route in the usual sense as it is found wholly outside the Immigration Rules. The route arises because the Secretary of State for the Home Department (SSHD), tribunals and other public authorities must act compatibly with the Human Rights Act 1998 (HRA 1998) and the ECHR. In practice, the argument is that removal would expose the person to a real risk of inhuman or degrading treatment because they are seriously ill and suitable treatment in the country of return is either not available at all or not realistically accessible to them. For more information on human rights claims, see the Outside

People granted permission to enter or stay in the UK for a limited period frequently have conditions attached to their permission. These can include restrictions on work, occupation, study or claiming public funds. This Practice Note explains the main conditions of permission, when and how they can be attached and the consequences of breach of conditions.

This Q&A considers whether on an application for indefinite leave to remain for a Tier 1 Investor, supporting evidence for absences is required or whether a schedule of absences sufficient. It also considers whether an investor must provide evidence of original source of funds, if they have not already done so as the investments were made in the 12 months prior to the initial application date.

This Q&A looks at where a child is born in the UK to parents who have limited leave as refugees, and they have an application for leave in line which is pending, are they able to leave and return to the UK despite the application not having been granted?