Asylum claims

Human rights applications

National law firm Solicitors representing clients across the UK

On this page
  1. Family life (Article 8)
  2. Private life (Article 8)
  3. Outside the Rules
  4. Medical cases (Article 3)
  5. Fees and fee waivers
  6. Refusals
  7. What we do
  8. Ask a question

If you do not meet the requirements of a visa route, you may still be able to stay in the UK because removing you would breach your human rights. Most human rights claims are about family and private life under Article 8 of the European Convention; a smaller number are medical claims under Article 3. The claim is made to the Home Office and a refusal carries a right of appeal.

Family life (Article 8)

The Immigration Rules in Appendix FM set out when family life with a partner, parent or child qualifies, including the ten-year routes for people who cannot meet the financial or English requirements but face insurmountable obstacles to family life abroad, or whose British or seven-year child could not reasonably be expected to leave. See partner and family visas and parent of a British child.

Private life (Article 8)

Appendix Private Life covers people whose life is here: children with seven years' residence, young adults who have spent half their life in the UK, adults with twenty years' residence, and adults who would face very significant obstacles to integration in the country they would go to. See ILR on the private life route.

Outside the Rules

Where the Rules are not met, the Home Office must still consider whether refusal would breach Article 8 in your particular circumstances. The threshold is high, and the evidence must show why your case is exceptional: the best interests of children, health, caring responsibilities, the length and quality of your ties, and what would really happen on return.

Medical cases (Article 3)

Removal breaches Article 3 where you would face a serious, rapid and irreversible decline in health leading to intense suffering or a significant reduction in life expectancy because treatment is not available or accessible. The threshold is very high and the medical evidence must be specific.

Fees and fee waivers

An in-country human rights application costs £1,407 plus the health surcharge, correct on 13 October 2026. A fee waiver is available where you cannot afford the fee; we prepare the waiver application first where it applies.

Refusals

A refusal of a human rights claim carries a right of appeal to the First-tier Tribunal, unless certified. See immigration appeals.

What we do

We advise which Rule applies, or whether the case must be put outside the Rules, gather the evidence to the test, prepare the application and fee waiver, and act in the appeal.

Ask a question

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