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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Immigration News

Lords Committee criticises lack of advance information on immigration policy changes

The House of Lords Secondary Legislation Scrutiny Committee has criticised the Home Office for failing to provide sufficient information in support of measures set out in its latest Statement of Changes in Immigration Rules HC 977, which sets out significant changes to immigration policy. The Statement tightens the Skilled Worker visa route by removing care workers/senior care workers from the list of occupations eligible to recruit migrant workers form overseas and tightens conditions for granting Skilled Worker visas—affecting around 180 occupations (which could lead to a 40 drop in grants). The Committee highlighted the lack of consultation and the absence of an impact assessment, which it says severely undermines parliamentary scrutiny. It called for the impact assessment to be published before the end of the current summer recess. The Statement also closes two schemes which assisted Afghans who supported UK operations and aims in Afghanistan, including through resettlement. A submission to the Committee argued this would permanently abandon people in need, especially in light of a 2022 data breach recently revealed through the lifting of a superinjunction. The Home Office responded that most eligible applicants had already applied and that 95% of current applications were found ineligible. The report states that the Committee had previously repeatedly requested the Home Office to provide sufficient information when laying new legislation with potentially significant consequences, but ‘despite acknowledging this to be correct practice’ it had failed to do so again. It includes a link to detailed submissions sent to the Committee by the Work Rights Centre, the Immigration Law Practitioners’ Association and the Home Office.

View Immigration by content type :

Popular documents