Outside the Immigration Rules and human rights applications

This topic covers applications for leave to enter or remain on human rights grounds, and on grounds other than those set out in the Immigration Rules. This includes applications that:

  1. request that the Home Office exercises its discretion to grant leave outside of the Immigration Rules (the Rules)

  2. request that the Home Office grants leave outside of the Rules in line with a published concession, and/or

  3. allege that the refusal and/or, in the case of leave to remain applications, the removal of a person consequent to the decision, would breach their rights under Article 8 of the European Convention on Human Rights 1950 (ECHR)

Article 8 of the ECHR confers the right to respect for a person’s private and family life, home and correspondence, but is a qualified right which means that a contracting state can interfere with the right in certain circumstances. As from 9 July 2012, the Secretary of State for the Home Department (SSHD) adopted a more codified approach to the assessment of Article 8 claims, formulating Immigration Rules which purport

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Home Office announces EU Entry-Exit System implementation for British travellers

The Home Office has announced that the European Union's Entry-Exit System (EES) commenced on 12 October 2025, requiring British passport holders to register biometrically on their first visit to Schengen area countries. The system mandates non-EU citizens to scan passports and provide fingerprints and photographs at EU borders, with registration valid for three years or until passport expiry. Implementation will be phased over six months until April 2026, with varying requirements across different ports during this period. Those travelling to Schengen area countries do not need to take any action before travelling and the process is free of charge. The EES has been introduced to replace passport stamping for all non-EU citizens and applies to Schengen area countries including Iceland, Liechtenstein, Norway and Switzerland, but excludes Ireland and Cyprus. British citizens with Withdrawal Agreement residence documents and UK-EU dual citizens using EU passports are exempt from the requirements. On exit, and for subsequent visits to a participating country, travellers will only need to scan their passport and provide either fingerprints or a photograph at the border. Children under 12 will not be fingerprinted but as per the new EU rules, all travellers, including babies, will be photographed and have digital records created. The government has provided £10.5m in funding for border infrastructure at juxtaposed ports including Eurostar at St Pancras, Eurotunnel at Folkestone and the Port of Dover, where processing will occur before departure from the UK.

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