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Your Rights as an Immigrant

By: Liz Lennox - Updated: 17 Jul 2017 | comments*Discuss
 
Immigration Democratic Party Immigrants

Immigration has been in the news for years now and little of the press attention has been flattering, it has also been the cause of many protests for both sides of the argument; for and against immigrants. In general the concerns have been related to loss of work for British Nationals, loss of housing in an already crammed country and the cost to the government and taxpayer of supporting immigrants, including illegal immigrants.

The politics covering this area are complex and our society, and incumbent democratic party, must find a balance between the needs of their voters and the human rights of the people flooding across our borders.

Why Do Immigrants Want to Come Here?

Cross-border immigration has taken place for decades, centuries when you consider the colonisation of America and Australia. Some people move for a slower life, more space or because they are in love with another culture and lifestyle. Others flee persecution, torture and certain death as a result of their politics or religion.

The United Kingdom is extremely attractive to immigrants from emerging nations and third world countries because we have a society that is based on fairness and equality; because we cherish and uphold the human rights of our citizens; we abhor torture and degradation and we believe that every human being has the right to be treated with dignity and respect.

The European Convention on Human Rights

With the advent of the Convention it became unlawful for public authorities to do anything that is contrary to their human rights. This includes the UK Government and its immigration departments and officers. It also includes private companies that are paid by the state to run immigration detention centres and asylum interviews.

The contents and protection of the Convention apply to every person in the UK, and within the influence of the UK authorities. Most importantly it also includes anyone granted temporary permission to remain in the UK, whether or not they had permission to enter in the first place.

What this also means is that anyone subject to an immigration decision has the right to appeal to the European Court of Human Rights, separate to the appeal system that they have under the UK laws already in place. Cases that have already been through the UK courts show that it is not possible for the immigration department to deport anyone if this would not be in line with the obligations of the UK under the Convention.

The Basic Rights

Immigration, as stated above, is a result of many things, the worst of which could be torture, degradation and inhumane treatment as a result of governments and local politics or religion. Article 3 of the Convention, and the UK’s own Human Rights Act, specifically prohibits such behaviour; therefore it would be unlawful for the UK immigration service to return any immigrant to their own country if there is a strong chance that they will have to face it, irrespective of any crimes they may have committed in the UK.

In addition to protection from abhorrent treatment under Article 2, immigrants who are being detained while applying for permission to stay in the UK must be treated in a way which protects their personal security and freedom; this comes under the wording of Article 5 of the convention. It is often used when determining whether or not their detention is in fact legal.

In addition to the above, the convention also provides protection for the families of immigrants. This is under the heading of a right to respect for family life, and can include more than immediate family (grandparents, aunts or uncles etc). Article 8 of the Convention specifically states that where there is no safe alternative country and/or insurmountable obstacles to relocation, or if the immigrant cannot return to their own country safely, then the family must be granted immigrant status. This right is not absolute and it can be prevented if it is deemed legitimate, for instance if the family member is a known terrorist or would present some other threat to public or national security.

Essentially this means that the incumbent Government, or any opposing democratic party, must find a means of balancing all interests, general or political, in relation to immigration issues. Protests can be made to support any area of law governing illegal immigrants and immigrants rights, but all decisions must be made within the spirit of the Convention itself. Now read up about UK policies on illegal immigrants.

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Hello, I had a civil marriage in 2015 with an illegal immigrant. He granted the permission to stay in U.K. In 2017. Soon after, i had a child in 2017 with him. He became abusive and gave me hard time during my pregnancy and started looking for extra marital affairs after he was granted the leave by home office. I have separated from him but as a spouse he is trying to get a share on the property where we lived. The property is owned by my brother and me. He is also using my son as an excuse to stay in U.K.
Rpatel - 17-Jul-17 @ 6:18 AM
I was live in uk 6 and half year illegally.bqz lost my pp.i was come 2 year befor back my home after 6 and half year.now I want to visit uk .can I get visa for visit.?
Veer - 15-Jul-17 @ 5:02 PM
Hi I I'm at my wits end and don't know where to go or what to do. I have been here since the age of 5, at which point I was granted indefinite leave to remain essentially making me a resident. So for the past 28 years I've been here trying to get a footing in this life which hasn't been easy though I've been trying to strive on regardless. I recently was close to starting out with a good firm doing a trade I love when my life was turned upside down and put on hold. I had been working for an ageny for many years obviously with right to work during that time unbeknownst to me my passport had expired and I was made aware of this by the payroll company attached to them. I on a been on a new site for a few weeks and hadn't been paid so contacted them only to be told they couldn't pay me though I had already put in the hours which I didn't think you were allowed to do, so kept working while expecting them to do a home office employer check even though it wasn't necessary as they had copy's of all my information/ ilr stampt etc but they called the site instead warning them to get rid of me or be fined . I then suggested if they were unsure then to give me a part payment of my monies so as to cover bills and put in for my new passport and to get the stamp transferred to which they said no. I have now for the past couple of months had to get the money together myself working in a bar an trying to pay for college. I just need advice on this as I've jumped through all the hoops lost everything of the nothing I had and now they are trying to fob me off with a half of what I worked. What can I do , just feel so depressed an lost. Are they allowed to do this to someone who is here legally??
Gian - 15-Jul-17 @ 2:39 AM
He has a family member in the U.K, but not married to anyone in the U.K, but claim to have a girlfriend that is an Irish citizen who lives in Dublin, can the Dublin lady stand a chance of helping him out.
Teefah - 12-Jul-17 @ 12:07 AM
My boyfriend has been in the UK for two years and has overstayed a year, but was arrested while trying to cross from UK to Dublin illegally at the border, and now has been refused in court twice for bailing and still re appealing the third time and also apply to seek asylum, what is the possible chances of his bailing or asylum request approved to stay in the U.K.
Teefah - 12-Jul-17 @ 12:03 AM
I am on same sex genuine relationship with a British National and we've been living together for more than 6 years. My solicitorshave done the application on our behalf to legalise my stay but it has been refused. We were not given any reason for the refusal. I've been in this country for 15 years and I have been paying my taxes. I also support a uk based charity called action for the blind . My partner has a stable job and meets the required salary threshold set by the home office . Lastly, he owns a flat where we live now. I appreciate your response or advice ..thanks
Jose - 8-Jul-17 @ 7:47 AM
Maze - Your Question:
I've been in UK for 10 years. 5 years on a valid leave to remain and 5 years illegally. I have managed to, in such a way, work on my real name and own IN number continuously for the 10 years. I have paid taxes and I have all my end of year P60 tax forms to prove this. I am single, no kids. Any way I could regularise my status in UK?

Our Response:
You might be able to but if you're here illegally at the moment then you willneed to seek special legal advice unfortunately. Here's how to find an immigration adviser
AboutHumanRights - 3-Jul-17 @ 11:20 AM
adam - Your Question:
Hello I'm illegal leave in the uk since 2002 now I'm married with illegal partner I have 2 years old son can I get permanent stay in the uk thank you

Our Response:
You will need to see an immmigration specialist/lawyer - you can't apply for residency in the normal way because you are living here illegally. There are occasionally circumstances where you may be able to apply to stay, these are:
You are between 18 and 24 and have lived here for more than half of your life
You've lived here for a long time (20+ years)
Returning to your home country would be dangerous
You’ve got children in the UK If you’ve got children living in the UK illegally, for example if they have not been registered for British citizenship or leave to remain, it’s important to register them as soon as you can.
AboutHumanRights - 3-Jul-17 @ 10:28 AM
I've been in UK for 10 years. 5 years on a valid leave to remain and 5 years illegally. I have managed to, in such a way, work on my real name and own IN number continuously for the 10 years. I have paid taxes and I have all my end of year P60 tax forms to prove this. I am single, no kids. Any way I could regularise my status in UK?
Maze - 30-Jun-17 @ 10:36 PM
Hello I'm illegal leave in the uk since 2002 now I'm married with illegal partner I have 2 years old son can I get permanent stay in the uk thank you
adam - 30-Jun-17 @ 5:54 PM
Hi .im have been illegal for about 2years now .andim 2months pregnant now with my british boyfriend but we dont live together.i have been to antenatal and im asked to pay im abit worried as it will be costful for my boyfriend to pay.and i want to find out how can i apply to become legal
Susi - 6-Jun-17 @ 5:25 PM
I was debating with a colleague sometime ago and I will like to get a clarification on it. The question is this: is it all part of the Human Rights Act that can be invoked to seek compassion on an application after a re-entry ban? The case in question here is that an individual 8 years ago got a 10 years ban then he was just 22 years. Now he was offered a scholarship by the UK govt to pursue a PG study in the UK. He can neither afford to study in his home country or elsewhere since he unemployed and to mitigate that the scholarship was offered which is obtainable only in a UK university. If the ban is implemented the individual automatically lost the scholarship and his only hope for a PG study which also in turn is important to change his career and unemployment status...in this circumstance can human right to education be invoked?
Henry - 3-Jun-17 @ 4:01 PM
What would happen if I'm a immigrant in uk, waiting to get my passport with being able to stay in uk as long as I want and I attempted a very important and dangerous crime? Such as arson or murder or rape?
Just a question - 30-May-17 @ 2:28 AM
Hi I'm illegal leave in the uk since 2007 now I'm married with illegal partner I have 3 years old son can I get permanent stay in the uk thank you
Hana - 25-May-17 @ 12:25 AM
Noku - Your Question:
I've been illegal in uk and the immigration catch me and send me to a center and after 3 days they brought me a ticket and they asked me if I was happy to go back to my home and I did accept that. How long did I get banned from entering to uk ???

Our Response:
Please see link here which should answer your question.
AboutHumanRights - 10-May-17 @ 2:58 PM
I've been illegal in uk and the immigration catch me and send me to a center and after 3 days they brought me a ticket and they asked me if I was happy to go back to my home and I did accept that . How long did I get banned from entering to uk ???
Noku - 10-May-17 @ 1:22 AM
Sanj - Your Question:
I came in this country in 2002I got indefinite leave to remain Due to crime I got more than 2 yr sentence in these days I am out on bail I have 2 kids they both under 6 and kids and my wife they all are British citizen Can you please give me any suggestion at least I am not to depot.They is any way I can stay here with my family here in uk Thanks please reply me and suggest me

Our Response:
Sorry, but we can't give specific advice on an individual's chances to remain in the UK as we don't have all necessary information.
AboutHumanRights - 9-May-17 @ 12:18 PM
I came in this country in 2002 I got indefinite leave to remain Due to crime I got more than 2yr sentence in these days I am out on bail I have 2 kids they both under 6 and kids and my wife they all are British citizen Can you please give me any suggestion at least I am not to depot . They is any way I can stay here with my family here in uk Thanks please reply me and suggest me
Sanj - 7-May-17 @ 10:55 PM
My boyfriend from nigeria is on a student visa in UK it expires in 8 months.What are my boyfriends options to remain in the UK after his visa expires if i dont marry him before his visa expires. what are the chances of my boyfriend returning from nigeria to UK after his visa has expired as a visitor
cindy - 5-May-17 @ 6:17 PM
Kumar - Your Question:
Hi there, I want to bring my widowed mum from Asia to live with me permanently in UK, I am a resident here now. She is under 65 and her chances of getting any form of UK residency are almost zero. My only sibling is moving to UK too and I don't want my mum to stay in India alone. She gets epilepsy seizures time and again, if left untreated even for a short while, worst is inevitable.Can I bring her on tourist visa and apply for residency under human rights stating:- She is financially dependant on me- She needs constant care due to epilepsy- Her only sons are settled in UK- We take charge for all her expenses and no public funds required for her. We will even take out private medical insurance for her so no access required to NHS.- She will not be seeking any employment whatsoever.Please advise.Thanks & regards,Kumar

Our Response:
It's worth applying but we can't say whether she would be accepted or not.
AboutHumanRights - 3-May-17 @ 2:00 PM
Hi there, I want to bring my widowed mum from Asia to live with me permanently in UK, I am a resident here now. She is under 65 and her chances of getting any form of UK residency are almost zero. My only sibling is moving to UK too and I don't want my mum to stay in India alone. She gets epilepsy seizures time and again, if left untreated even for a short while, worst is inevitable. Can I bring her on tourist visa and apply for residency under human rights stating: - She is financially dependant on me - She needs constant care due to epilepsy - Her only sons are settled in UK - We take charge for all her expenses and no public funds required for her. We will even take out private medical insurance for her so no access required to NHS. - She will not be seeking any employment whatsoever. Please advise. Thanks & regards, Kumar
Kumar - 3-May-17 @ 12:20 AM
Fedya - Your Question:
I have lived in the uk for 9 years and last 5 years I have lived illegally, I didn't had any criminal record now I'm back home in the uzbekistan! But I want to go back to uk could I somehow get a visa to uk? Please advise me! Thank you very much in advance!

Our Response:
Here is information on how to apply if you family here. If you don't have family, you will need to apply for a VISA
AboutHumanRights - 27-Apr-17 @ 2:19 PM
Hi I live in UK for 2 years I apply for visa and that I'm waiting for the court my husband and my son have a British is any change their refuse me the visa
Shehu - 27-Apr-17 @ 8:33 AM
Im living in uk from February,I work for 3 months on a factory I never give any reason for negative comments,I never delayed to my work,I never missed a day,I never late from my breaks and Im working very hard without stop for all working hours I have a problem that it was necessary to reach the job agency of the factory I informed and asked cell subleader to change me from my stage( I work as assembly liner) 10 minutes before the end of the shift so I can go to the agency to find a solution of my problem without dealy the other person 11 minutes beofre shift's end I called him and he was standing and watch me,a cell leader from the next shift showed up to ask me if I need something because noone showed up to my calls finaly he came the last 4 minutes and tell me that I can go only 5 minutes before. Im doing a job of 2 stages that normaly requires 2 people there,I never complain,they never help me,they only showed up for 3-6 minutes and then go to other line's stages and help their friends for 20-30 minutes and plus that the last 1 hour that production is abouty to finish they send one person to show to the next shift's managment and team that im not running My problem isn't for the 10 minutes or 5 minutes Do I have the right to demand 10 or more minutes inside my workhours to contact the supervisors of my job? Also do I have the right to complain and request to change place because I cant handle so much pressure without help the same time that I see the other of my team help their friends? Sorry for any mistakes to my language but Im desperate and in this job they treat to me like I am an animal
Mk` - 26-Apr-17 @ 7:34 PM
Im living in uk from February,I work for 3 months on a factory I never give any reason for negative comments,I never delayed to my work,I never missed a day,I never late from my breaks and Im working very hard without stop for all working hours I have a problem that it was necessary to reach the job agency of the factory I informed and asked cell subleader to change me from my stage( I work as assembly liner) 10 minutes before the end of the shift so I can go to the agency to find a solution of my problem without dealy the other person 11 minutes beofre shift's end I called him and he was standing and watch me,a cell leader from the next shift showed up to ask me if I need something because noone showed up to my calls finaly he came the last 4 minutes and tell me that I can go only 5 minutes before. Im doing a job of 2 stages that normaly requires 2 people there,I never complain,they never help me,they only showed up for 3-6 minutes and then go to other line's stages and help their friends for 20-30 minutes and plus that the last 1 hour that production is abouty to finish they send one person to show to the next shift's managment and team that im not running My problem isn't for the 10 minutes or 5 minutes Do I have the right to demand 10 or more minutes inside my workhours to contact the supervisors of my job? Also do I have the right to complain and request to change place because I cant handle so much pressure without help the same time that I see the other of my team help their friends? Sorry for any mistakes to my language but Im desperate and in this job they treat to me like I am an animal
Mk` - 26-Apr-17 @ 7:19 PM
I have lived in the uk for 9 years and last 5 years i have lived illegally, i didn't had any criminal record now I'm back home in the uzbekistan! But i want to go back to uk could i somehow get a visa to uk? Please advise me! Thank you very much in advance!
Fedya - 26-Apr-17 @ 6:26 PM
Lye - Your Question:
My friends from Poland have both worked for the ten years they have lived here. They have here parents living with them and they look after there children who are both at school now. The parents are under retirement age and have not worked since coming here. What are there rights to stay in the uk now and can they get any benefits

Our Response:
We don't have enough information to answer this question.Have the parents worked since coming here? Have they paid any tax/NI etc?The best thing to do is to make an appointment at the Citizens' Advice bureau.
AboutHumanRights - 24-Apr-17 @ 2:43 PM
girl - Your Question:
My husband has a daughter with a british citizen while he was a student in the uk on tier 4 visa.he came back to nigeria and we got married.he wants us to go back to the uk so that he can be with his daughter.i plan on going for a phd this year in the uk.can he apply for a stay in the uk because of his daughter?

Our Response:
You will both have to apply in the normal way and see if your work/education falls within in the requisite guidelines.
AboutHumanRights - 24-Apr-17 @ 12:27 PM
I came in uk 2011 as a student. My first college ban byukba in 10 months, after that I extend my visa for 27 months more but after 7 months ukba again ban my college. I pay my college fee £ 5000 (first college) and £3500 (second college) fees . During this time I give interviews job plus center and I get my national insurance number after that I started working in construction company (2013 to till now ) I paid lots tax every year. Any chance to I can apply p.r. Or work visa. Please sir/madam let me know . Thank you so much. Kishore Kumar.
Kishore - 23-Apr-17 @ 10:25 PM
My friends from Poland have both worked for the ten years they have lived here. They have here parents living with them and they look after there children who are both at school now. The parents are under retirement age and have not worked since coming here . What are there rights to stay in the uk now and can they get any benefits
Lye - 23-Apr-17 @ 11:39 AM
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