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Your Rights as an Immigrant

By: Liz Lennox - Updated: 19 Sep 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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I came to uk July 2009 applied for asyum 2012 became illegal after September 2012 as my application got refused. I made a fresh asylum claim and provided other evidence to my asylum claim and still waiting for a decision on that. My question is can I apply for ILR for long stay? Never left uk in the meantime...
Bawer - 19-Sep-17 @ 3:56 PM
Momo1999 - Your Question:
Hi I came to England in 1999 and I stayed in n the U.K. Illegally until I met my ex partner in 2009, during that time we were together I applied for EEA national and was granted 5 years, before my 5 years expired we broke up. My five yrs expired last year and I applied for ilr and was refused because I am not with him anymore So now I am appealing on the grounds that I have been here 18 years and paid taxes and worked. What my question is now is that I have never left the country since 1999 and worked never on benefits. Can I be granted after 20 years and do I have grounds to appeal Please if you can help with advice please let me know Thank you

Our Response:
The fact that you have worked and paid taxes etc during the entire period of your stay, should make a different in an ideal world. However, the immigration rules in this country are complex (often needlessly so) and your most effective step would be to seek advice from an immigration specialist: you can find a list here
AboutHumanRights - 18-Sep-17 @ 10:26 AM
Hi I came to England in 1999 and I stayed in n the U.K. Illegally until I met my ex partner in 2009, during that time we were together I applied for EEA national and was granted 5 years, before my 5 years expired we broke up. My five yrs expired last year and I applied for ilr and was refused because I am not with him anymore So now I am appealing on the grounds that I have been here 18 years and paid taxes and worked. What my question is now is that I have never left the country since 1999 and worked never on benefits. Can I be granted after 20 years and do I have grounds to appeal Please if you can help with advice please let me know Thank you
Momo1999 - 14-Sep-17 @ 2:31 PM
Sam - Your Question:
Good evening, I live illegally in the UK since 2008, the thing is; my belief and culture have completely changed although I grow up Muslim for many years but really my vision towards Islam or any other religion became different, I'm afraid to go back to my country then I got prosecuted for what I've gained through my staying in a free country such as UK. Besides, I've a large community of friends and families in here. Also a unique way of life which will be impossible to change by going back to the dark ages and the permanent restrictions in my country.On the other hand, I can't even think of taking an action to get myself off of what I've done to myself unintentionally or with ignorance of law as a result of my own fears, which is the mean reason I can't make a decision or trust anybody even the solicitors, the majority of them are not honest, they only seek honey from a dead bee.Please let me know what I can do, otherwise I will continue living the same way.Thanks for giving me the chance to write down a tip of life story.Regards, SamSo, is there a way out of?

Our Response:
Here's the advice from the Citizens' Advice Bureau:
"As an illegal resident your situation is unusual, so you won’t be able to make an application without the help of a specialist legal adviser.
You might be able to apply to stay in the UK if:
you're aged between 18 and 24 and have lived here for more than half of your life
you’ve been living in the UK for a long time
returning to your home country would be dangerous
you’ve got strong relationships in the UK
you’ve got children in the UK"
AboutHumanRights - 13-Sep-17 @ 1:53 PM
Good evening, I live illegally in the UK since 2008, the thing is; my belief and culture have completely changed although I grow up Muslim for many years but really my vision towards Islam or any other religion became different, I'm afraid to go back to my country then I got prosecuted for what I've gained through my staying in a free country such as UK. Besides, I've a large community of friends and families in here. Also a uniqueway of life which will be impossible to change by going back to the dark ages and the permanent restrictions in my country. On the other hand, I can't even think of taking an action to get myself off of what I've done to myself unintentionally or with ignorance of law as a result of my own fears, which is the mean reason I can't make a decision or trust anybody even the solicitors, the majority of them are not honest, they only seek honey from a dead bee. Please let me know what I can do, otherwise I will continue living the same way. Thanks for giving me the chance to write down a tip of life story. Regards, Sam So, is there a way out of?
Sam - 11-Sep-17 @ 9:53 PM
Hi i need some adviceam a filipino citizen..with a u.s.a. greencard visa holderand been married to a british guy for 11 years and we have 2 kids 6 and 9 years old .. has a british passport . we move to uk last feb.2017..my husband apply me fora tourist visa for 3 to 6 months because husband told me that as long as we got here in uk he well process my visa to remain so i could stay with him and my two boys but till now he didnt apply my visa yet because of some financial circumstances and he just got a new job andvisaalready overstayed for a month...what could possible happen to me ..is uk immigration let mestay more with them so i can look after my two umderage children in the uk or they well let me go home back to the u.s.??until husband apply a visa for me to stay with them. thank you much appreciated...
Che - 7-Sep-17 @ 2:25 AM
I'm staying in uk from last 2002 by illegal.. But I put my file in the home office towise.. But they refuse me for some reason.. I don't take any benefits from government.. Please anyone can help me.. Many thanks Parneelam Singh
Neela - 6-Sep-17 @ 7:18 PM
Hi , I been here I Uk since 2002 in 2003 my Azil been refuse since that time i been illegal immigrant, in 2010 I didapplication formwith Solicitor but they Refuse methey geve me right for haj Courts but I didn't have money to pay Barrister Avokat , so I thot to ask what to do now if you can help me Please
M - 5-Sep-17 @ 8:58 PM
Hi i am from india i have done masters and my bf is in uk but he is illegalhe has been in uk for 6 yearswe want to mary is there any way to get uk citizenship pls help
pink - 5-Sep-17 @ 4:46 PM
Caz - Your Question:
Hi, my partner is American, he overstayed his tourist visa in Europe and we are now expecting a baby. I have recently moved back to the UK and we hope for him to join me ASAP. Is this possible or will he be turned away at immigration?

Our Response:
You will need to speak to an immigration adviser about this as we don't have sufficient information. Your partner will need to apply for a visa again...does he have a job here etc?
AboutHumanRights - 5-Sep-17 @ 11:06 AM
I'm married to a Mauritius man by nikkah we married on the 28th November 2014 we got a application to get married in registry office ages ago my husband had a application on the go and the home office lost his passport it took us ages to get hold of a new one they detained him because of the new passport took long time we told them we got a new one  we done everything properly and sent them a fax of everything they seem to dragging things on  all we want is my husband and my kids step dad back with us is there anything else we can do  since he been in the place 14th august  I not been eating or sleeping properly I cry all the time he not got anything to go back to he has his family here  all we want is to live our lives together and see the kids grow up he a very good man hope you can help
sharon - 3-Sep-17 @ 10:34 PM
Hi, my partner is American, he overstayed his tourist visa in Europe and we are now expecting a baby. I have recently moved back to the UK and we hope for him to join me ASAP. Is this possible or will he be turned away at immigration?
Caz - 2-Sep-17 @ 6:16 PM
I have been in the UK since I was 10 and now I will be 20 on October 2017 me and my mum and sisters applied for asylum in 2012 and we're still waiting. I don't want to keep living like this till I'm 25 I want to go to uni and work but I'm not allowed to and I don't want to be getting benefits for the rest of my life. I have spent half of my life in the UK I have GCSEs and A level qualifications there's no point for me to get sent back to Nigeria and I also have sickle cell disease which is almost impossible to live with in Nigeria but in the UK I've been given good health care that isn't in Nigeria so if I go back to Nigeria I wouldn't survive
Mark - 31-Aug-17 @ 3:23 AM
I have been living in UK since 2009. In 2015, I have married a British girl. But my application has been refused and reasons were - we didn't have enough income and lack of evidences. My wife's salary was £16.5K. And about 3 months before that application, I have set up a limited company. So, Home office didn't satisfy with my income-asked me to leave. I have tried to gather all those evidences in the meantime. And I have left. I have re-submitted my application again from abroad . My wife's salary is now £17.3k and from our company she takes a salary of £6k.plus we had some savings around £15k. I have applied in April and still didn't hear anything about it. Apart from couple of emails saying the reason for delay simply who's income isn't straight forward and another email it's on hold. But my lawyer has said those emails are general to all other applicants. Also, since High Court ruled out the appeal which HO used previously as an excuse. My question is, I'm only 26. Finalist Chartered Accountant, my wife is 24, graduated from Queen Mary. We have paid taxes, we have lived by books-there were no crimes we have done. So why we have been forced to be part for this longand still I haven't received anything. Can you please advise what we can do? Any help or support will be very much appreciated.
Immy - 30-Aug-17 @ 5:34 PM
hi my ex bf want to marry with indian woman who has a british passport. He is illegal and live in uk for 8 years. ( he came as student visa) and that indian woman is devorce and use to take ex husband to court and claim that he was violent to her that how she get british passport. but she don't have any council bill and has low income. can she get marry with my ex?
Dudy - 30-Aug-17 @ 5:07 PM
Mother 21 - Your Question:
My son is a gay man from Jamaica and he was incastersted in prison for 7 years but he was granted asylum and can't go back home to Jamaica as my property was burnt down because the whole city found out that he was gay so we both came here live and now the home office is trying to revoke his refuge status what can I do because if he is sent home back to Jamaica he's gonna be killed am very worried mother coz my friend son who was bisexual was sent back to Jamaica and within six months he was killed thanks for any advice

Our Response:
the Home Office will have investigated this, Jamaica does not impose the death sentence on homosexuals so his life will not be seen to be in danger as such.He should seek advice from a professional immmigration lawyer.
AboutHumanRights - 7-Aug-17 @ 12:58 PM
My son is a gay man from Jamaica and he was incastersted in prison for 7 years but he was granted asylum and can't go back home to Jamaica as my property was burnt down because the whole city found out that he was gay so we both came here live and now the home office is trying to revoke his refuge status what can I do because if he is sent home back to Jamaica he's gonna be killed am very worried mother coz my friend son who was bisexual was sent back to Jamaica and within six months he was killed thanks for any advice
Mother 21 - 3-Aug-17 @ 11:23 PM
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
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