Human Rights Applications

Human Rights Applications – Protecting Family and Private Life in the UK

At The McKenzie Friend, we specialise in helping individuals and families submit Human Rights applications under the Human Rights Act 1998 and the European Convention on Human Rights (ECHR). These applications are designed to protect people from being unfairly removed from the UK where doing so would breach their fundamental rights — especially those related to family life, private life, and protection from inhumane treatment.

We understand that every situation is personal. Whether you are building a life with your partner, caring for your children, or have spent many years living in the UK, we work to ensure your story is heard and your rights are fully represented before the Home Office or the Tribunal.

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What Is a Human Rights Application?

A Human Rights application is a formal request to remain in the UK based on your rights under the ECHR, particularly:

• Article 8 – Right to respect for private and family life
• Article 3 – Protection from torture or inhuman or degrading treatment

These rights ensure that no one should be separated from their family or forced to live in conditions that threaten their safety or dignity. Human Rights applications are often made by individuals who have no other immigration route available but have compelling personal circumstances that justify staying in the UK.

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When Can You Apply?

You may be eligible to submit a Human Rights application if:

• You have a British or settled partner and your removal would disrupt your family life.
• You are the parent of a British or settled child and play an active role in their life.
• You have lived in the UK for many years and established strong community or cultural ties.
• You would face inhumane or degrading treatment if returned to your home country (Article 3).
• You have significant health issues that cannot be adequately treated in your country of origin.

Our experienced team can assess your circumstances and determine the strongest legal basis for your Human Rights claim.

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Article 8 – Right to Family and Private Life

Article 8 is one of the most common grounds used in Human Rights applications. It protects the relationships and personal lives of individuals who have developed deep roots in the UK. This includes:

• Married or unmarried partners of British citizens or settled persons
• Parents of British or settled children
• Individuals who have lived in the UK for 10 years or more
• Young people who have grown up and studied in the UK

To succeed, you must demonstrate that removing you from the UK would cause unjustified hardship or disproportionately affect your family life.

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Article 3 – Protection from Inhumane or Degrading Treatment

Article 3 ensures that no one is deported or removed to a country where they face a real risk of torture, violence, or inhumane treatment. It can also apply in severe medical cases where the absence of treatment abroad would lead to extreme suffering.

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How The McKenzie Friend Helps

Our experts guide you through the full Human Rights application process, ensuring that your evidence and arguments are presented clearly and effectively. We provide:

• Comprehensive case assessments and eligibility reviews
• Document preparation, including relationship and residence evidence
• Expert drafting of legal representations
• Ongoing communication with the Home Office
• Support for appeals or Judicial Reviews if refused

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Common Mistakes to Avoid

• Submitting insufficient evidence of family or private life
• Failing to prove dependency or emotional connection
• Relying solely on long residence without supporting evidence
• Delaying application until after receiving a removal notice

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Why Choose The McKenzie Friend?

• Specialists in complex Human Rights and immigration matters
• Proven record of successful Article 8 and 3 cases
• Compassionate, personalised approach for every client
• Affordable and transparent fee structure

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