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 clarifies guidance on ETA rules for dual citizens

On 29 May 2025 the Home Office published guidance covering how the Electronic Travel Authorisation (ETA) scheme will apply for persons who are dual citizens of the UK/Ireland and countries whose nationals require an ETA to visit the UK (if they do not otherwise hold a UK visa). The guidance notes that such persons are not eligible for an ETA. Instead, these individuals must prove their right to travel to the UK by presenting a valid British or Irish passport, or another valid passport that contains a certificate of entitlement to the right of abode. However, it goes on to state that ‘currently’, British dual citizens who do not have a valid British passport but hold a valid passport from ETA-required countries will continue to be allowed to enter the UK on their non-British passport without an ETA.  In an email to stakeholders dated 30 June 2025, the Home Office has confirmed that this is a ‘temporary measure’ during the current ‘transition period’. This means that ‘prior to full enforcement’ of the ETA scheme, it does not expect carriers to deny boarding to dual British or Irish citizens who are travelling only on their non-British/Irish document or without a certificate of entitlement. However, such persons will need to ensure that they make the necessary arrangements prior to the end of this transition period. Presumably this refers to the point that the Home Office brings into force section 76 of the Nationality and Borders Act 2022, which extends carriers liability penalties where a person does not have an ETA but requires one.

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