Family and Human Rights Applications
Expert-defined terms from the Professional Certificate in UK Immigration Law Basics course at London School of Planning and Management. Free to read, free to share, paired with a globally recognised certification pathway.
Family and Human Rights Applications #
Family and Human Rights Applications
Family and Human Rights Applications are a crucial aspect of UK immigration law,… #
These applications involve complex processes and requirements that must be carefully navigated to ensure successful outcomes. Understanding the key terms and concepts related to Family and Human Rights Applications is essential for immigration practitioners and individuals seeking to apply for visas based on family ties or human rights considerations.
Article 8 #
Article 8
Article 8 of the European Convention on Human Rights (ECHR) protects the right t… #
In the context of UK immigration law, Article 8 is often invoked in cases where individuals are seeking to remain in the UK on the basis of their family ties or personal circumstances. The Home Office must balance the individual's right to family life against the state's interest in controlling immigration.
Biometric Residence Permit (BRP) #
Biometric Residence Permit (BRP)
A Biometric Residence Permit (BRP) is a secure identity card that holds an indiv… #
BRPs are issued to individuals who are granted permission to stay in the UK for more than six months. They serve as proof of immigration status and are required for accessing public services and employment.
Child Dependent Visa #
Child Dependent Visa
A Child Dependent Visa is a type of visa that allows children under the age of 1… #
To qualify for a Child Dependent Visa, the child must be financially dependent on the parent(s) in the UK and meet specific eligibility criteria. This visa category is commonly used in family reunification cases.
Deportation Order #
Deportation Order
A Deportation Order is a legal order issued by the Home Office to remove an indi… #
Deportation orders are typically issued in cases where a foreign national has committed a serious criminal offense or poses a threat to national security. Individuals subject to a deportation order may have limited rights to appeal the decision.
EEA Family Permit #
EEA Family Permit
An EEA Family Permit is a type of visa that allows non #
EEA family members of European Economic Area (EEA) nationals to join them in the UK. The permit is valid for six months and grants entry clearance to the UK. EEA Family Permits are commonly used by spouses, partners, children, and dependent relatives of EEA nationals.
Family Reunion Visa #
Family Reunion Visa
A Family Reunion Visa is a type of visa that allows individuals to join family m… #
This visa category is often used by refugees, asylum seekers, and individuals with humanitarian protection status who wish to reunite with their family members. Family reunion visas are subject to specific eligibility criteria.
Human Rights Claim #
Human Rights Claim
A Human Rights Claim is a legal argument based on an individual's rights under t… #
In the context of UK immigration law, human rights claims are often made to prevent deportation or removal from the UK. Individuals may invoke Article 8 of the ECHR to argue that their right to family life would be infringed by their removal.
Indefinite Leave to Remain (ILR) #
Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain (ILR) is a form of settlement in the UK that allows i… #
ILR is often granted to individuals who have lived in the UK for a certain period of time and meet specific eligibility criteria. Once granted ILR, individuals can apply for British citizenship.
Immigration Rules #
Immigration Rules
The Immigration Rules are a set of regulations that govern the entry, stay, and… #
The rules outline the requirements and conditions for different types of visas, as well as the criteria for extensions, settlement, and citizenship. Adherence to the Immigration Rules is essential for a successful visa application.
Indirect Discrimination #
Indirect Discrimination
Indirect Discrimination occurs when a policy, practice, or rule disproportionate… #
In the context of Family and Human Rights Applications, indirect discrimination may arise if immigration policies have a discriminatory impact on certain family members or individuals with particular circumstances.
Judicial Review #
Judicial Review
Judicial Review is a legal process through which individuals can challenge the l… #
In the context of immigration law, judicial review may be used to challenge refusal decisions, deportation orders, or other immigration-related actions. Judicial review proceedings are heard in the High Court.
Kinship Care #
Kinship Care
Kinship Care is a form of care arrangement where children are looked after by re… #
In the context of immigration law, kinship care arrangements may have implications for visa applications involving children who are under the care of relatives in the UK.
Leave to Remain #
Leave to Remain
Leave to Remain is a form of permission granted by the Home Office that allows i… #
Leave to Remain may be granted for various purposes, such as work, study, family reunification, or asylum. Individuals with Leave to Remain must adhere to the conditions of their visa.
Marriage Visa #
Marriage Visa
A Marriage Visa is a type of visa that allows individuals to join their spouse o… #
To qualify for a Marriage Visa, the applicant must demonstrate a genuine and subsisting relationship with their UK sponsor. Marriage visas are subject to specific requirements, including financial thresholds and English language proficiency.
No Recourse to Public Funds #
No Recourse to Public Funds
No Recourse to Public Funds is a condition imposed on certain visa categories th… #
Individuals with No Recourse to Public Funds must be able to support themselves financially without relying on state assistance.
Overstaying #
Overstaying
Overstaying refers to the act of remaining in the UK beyond the expiry date of a… #
Overstaying is a violation of immigration rules and may have serious consequences, including deportation, bans on re-entry, and negative impacts on future visa applications. Individuals who overstay their visa should seek legal advice promptly.
Parent of a British Child Visa #
Parent of a British Child Visa
A Parent of a British Child Visa is a type of visa that allows parents of Britis… #
To qualify for this visa category, the parent must demonstrate a genuine relationship with their British child and meet specific eligibility criteria. Parent of a British Child visas are subject to financial and accommodation requirements.
Qualified Person #
Qualified Person
A Qualified Person is an individual who is exercising their right to free moveme… #
Qualified Persons include EEA nationals who are working, studying, self-employed, or self-sufficient in another EEA country. Qualified Persons have the right to bring their family members to the UK under the EEA Regulations.
Refugee Status #
Refugee Status
Refugee Status is a form of protection granted to individuals who have fled thei… #
Refugees are entitled to certain rights and benefits, including the right to work, access healthcare, and seek family reunification. Individuals with refugee status may apply for settlement in the UK.
Settlement #
Settlement
Settlement, also known as indefinite leave to remain (ILR), is a form of permane… #
Settlement is typically granted to individuals who have lived in the UK for a certain period of time and met specific eligibility criteria.
Spouse Visa #
Spouse Visa
A Spouse Visa is a type of visa that allows individuals to join their spouse or… #
To qualify for a Spouse Visa, the applicant must demonstrate a genuine and subsisting relationship with their UK sponsor. Spouse visas are subject to specific requirements, including financial thresholds and English language proficiency.
Unlawful Detention #
Unlawful Detention
Unlawful Detention occurs when an individual is held in immigration detention wi… #
In the context of Family and Human Rights Applications, unlawful detention may violate an individual's right to liberty under the European Convention on Human Rights (ECHR). Individuals who believe they have been unlawfully detained may challenge their detention through legal avenues.
Visa Application Centre (VAC) #
Visa Application Centre (VAC)
A Visa Application Centre (VAC) is a facility operated by an external service pr… #
VACs are used by the UK Visas and Immigration (UKVI) to process visa applications in a secure and efficient manner. Applicants may be required to visit a VAC as part of the visa application process.
Working in breach of visa conditions #
Working in breach of visa conditions
Working in breach of visa conditions refers to the act of engaging in employment… #
Individuals who work without the necessary authorization or exceed the permitted work limits may be in violation of their visa conditions. Working in breach of visa conditions can have serious consequences, including deportation and bans on re-entry.