Article 8 in the immigration context
Produced in partnership with Eric Fripp of Lamb Building
Article 8 in the immigration context

The following Immigration practice note Produced in partnership with Eric Fripp of Lamb Building provides comprehensive and up to date legal information covering:

  • Article 8 in the immigration context
  • Family life
  • Spouse relationships
  • Parent-child relationships
  • Inter-sibling relationships
  • Other family relationships
  • Family life is in principle unitary
  • Relevance of the best interests of the child
  • Private life
  • A qualified right—the Razgar test
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

This Practice Note provides a detailed description of the scope of Article 8 of the European Convention on Human Rights (ECHR), and the protections it gives in the immigration context. It is the second in a series of closely related Practice Notes, which also includes:

  1. Article 8 immigration claims—this provides a general introduction to the current state of play on Article 8 immigration claims, including details as to how the ECHR is incorporated into UK law

  2. Article 8 claims since 9 July 2012—the Secretary of State’s approach—this looks at the provisions introduced since 9 July 2012 which set out how Article 8 assessments should be undertaken in immigration cases by the Home Office and by the domestic courts/tribunal—in particular the changes to the Immigration Rules and new Part 5A of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002)

  3. Navigating an

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