Outside the Immigration Rules and human rights applications

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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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Latest Immigration News

FLEX experts call for domestic worker visa reform on International Workers' Day

Focus on Labour Exploitation (FLEX) experts have published an analysis highlighting ongoing issues with the UK's Overseas Domestic Worker visa on International Domestic Workers' Day 2025. The article examines changes made to the visa in 2012 and 2016, citing Kalayaan's 2024 data showing increased exploitation indicators after these reforms. The authors note the draft Employment Rights Bill does not address visa restrictions and call for reinstatement of rights contained in the original 1998 visa, which allowed workers to change employers and seek longer visa extensions than is currently the case. They also call for increased access to justice around employment rights, such as compensation for unpaid wages or other labour exploitation. The analysis draws on evidence showing that, eg, 41% of workers issued visas after April 2016 presented trafficking indicators.

India Young Professionals Scheme visa: July 2025 ballot details

The Home Office has released details of when the second ballot will open for the India Young Professionals Scheme visa, and how to apply. The ballot will open at 1:30pm India Standard Time on 22 July, and close at 1:30pm India Standard Time on 24 July 2025. The successful entries will be picked at random. There are 3,000 places available for the India Young Professionals Scheme visa in 2025, but the majority of places were made available in the previous (February) ballot.

Single application form for Tech Nation applicants from 4 August 2025

The Home Office has issued an announcement on GOV.UK which confirms that Tech Nation has been awarded the contract to continue as the endorsing body (for the next three years) for the digital technology pathway of the Global Talent visa following an open procurement process. An amended process, effective from 4 August 2025, will introduce an expanded stage 1 endorsement form on GOV.UK, designed to capture all necessary information in a single application. As such the application form on the Tech Nation website will no longer be required.  Note that applications submitted before 11.59pm on 3 August 2024 will still require the submission of both forms.  The endorsement criteria remains unchanged, although the Home Office and Tech Nation retain the right to modify qualifying criteria in future.

3million publishes new EUSS and ETA Q&As

The 3million has published Q&As in conjunction with Seraphus covering some practical issues recently arising in the European Settlement Scheme (EUSS) and the Electronic Travel Authorisation (ETA) scheme. One is on pre-settled status, extensions, and ‘automatic’ conversions to settled status (5 May 2025); and the other covers what the ETA scheme means for EU citizens with pre-settled status, and British/EU Member State dual nationals (12 June 2025)

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