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Your Rights as an Immigrant

By: Liz Lennox - Updated: 25 Apr 2018 | 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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GB - Your Question:
My wife's family are all UK citizens, all born here. My wife's brother married a German lady about 8 years ago in London and she has lived and worked legally paying taxes forostbof that time. Her work took her back to Germany about 2 years ago, and her husband, my brother in law followed. They had a baby girl whilst in Germany. They all returned to the UK last year and my sister in law found another job. However in the last few months, my brother in law has fallen very very ill, and there is a possibility that he could loose this fight. What are my sister in law and my nieces legal position to stay in the UK, as they are both German citizens.

Our Response:
Has she applied for UK citizenship?
AboutHumanRights - 25-Apr-18 @ 3:31 PM
I came in 2011 with a tourist visa together with my father. my father returned back as his 6 monts visa was about to expire, but I decided to stay and claimed asylum. explaining briefly: asylum was refused and I was reporting to homoffice weekly. as I bacame 18 years old they deported me at the end of 2014. after staying 6 months back in my country I came back in 2015 illegally and still in uk without them knowing that. What options do I have can you please advice
Londoner - 25-Apr-18 @ 12:26 PM
My wife's family are all UK citizens, all born here.. My wife's brother married a German lady about 8 years ago in London and she has lived and worked legally paying taxes forostbof that time. Her work took her back to Germany about 2 years ago, and her husband, my brother in law followed. They had a baby girl whilst in Germany. They all returned to the UK last year and my sister in law found another job. However in the last few months, my brother in law has fallen very very ill, and there is a possibility that he could loose this fight. What are my sister in law and my nieces legal position to stay in the UK, as they are both German citizens.
GB - 23-Apr-18 @ 8:04 PM
Hi All, my ex partner was deported after 4 years in prison. Before deportation he applied for weekly visitations with our son. Hearing is in two weeks time. I received papers today and there is a mention of temporary deportation of my son to accommodate his request. Is that possible? Can court deport my son so my ex criminal partner can see him? We haven’t been together since the arrest. He is a sexual offender and I am scared he will kidnap my son. We never went to visit him in prison as she was violent forward me and my mum. Last year Court confirm my son is living with me. I am worried I will be forced to move back to Poland after 10 years of living in UK.
K.P. - 20-Apr-18 @ 5:03 PM
Hi, I am from India and I came to UK in 2010 as student and then left to India in 2014. I got married to an Indian guy who works in UK and I came to UK in 2015. We have a son born in UK on 2016 January. My husband will get his PR by end of 2018. We now planning to get divorced by next year as our terms are not good. Please, suggest how I can stay back in UK as I will be taking care of my son as single parent
Sri - 19-Apr-18 @ 3:37 PM
Ma - Your Question:
Hello, I am Brazilian, I am married with a Italian citizen, my husband lives in England for far more than 10 years, and I am living here for 2 years already. I have a resident visa, I can work and live normally. The problem is. the only family I have is a brother (23 yo) who still living in Brazil. I have severe depression as my brother is my only family I would like to know if I could bring him to the uk, with a family permit visa in which he could live normally as me. I don’t want to bring him as a turist and see him leaving, I could not bear that. So anyone know if it’s possible?

Our Response:
It's unlikely he would be able to come here on the basis of a family relationship with you. Could he consider looking for work here and coming on a work visa? Does he have any skilled that could facilitate this? See the information on Tier 2 general visas
Here is some information on other visas that people can apply for
AboutHumanRights - 11-Apr-18 @ 11:27 AM
Hello, I am Brazilian, I am married with a Italian citizen, my husband lives in England for far more than 10 years, and I am living here for 2 years already. I have a resident visa, I can work and live normally. The problem is... the only family I have is a brother (23 yo) who still living in Brazil. I have severe depression as my brother is my only family I would like to know if I could bring him to the uk, with a family permit visa in which he could live normally as me. I don’t want to bring him as a turist and see him leaving, I could not bear that. So anyone know if it’s possible?
Ma - 10-Apr-18 @ 11:38 AM
I came in the uk with 4years student visa in 2010 but since my visa expired i am living in the uk ilegally for over 3 years now and i am in a living relation with my partner from couple of years, she was granted LTR last year and we have 11 months old girl. As she is ethnically indian and im pakistani non of us can settle together in their respective national countries. Further more shes 26 years old and living in the Uk since she was 10 and i am 33 years old got no legal status here. I need legal advice before going to professional solicitors, any of your advics will be appreciated. Please advice
hussain - 28-Mar-18 @ 2:30 PM
hello iam Fatabrdh Trota .iam ilegal in england, iam living here for 2 years, who can i do to save my presence in here?
fatbardh trota - 21-Mar-18 @ 3:20 AM
Jay - Your Question:
Please help !I need advice on what to do or expect.I entered the UK illegally about 26yrs and applied for Asylum 24yrs ago which was refused after 6months consideration. After 14yrs of continuous living in UK, I applied for ILR and was later granted 30mnths in 2014. I applied to renew before it expired in May 2017 using form DL, but my application was rejected in mid January 2018 as invalid. By the end of January 2018, I reapplied using form FLR (FP) and got an acknowledgement letter mid February 2018.I got a letter dated 10th March 2018, received on the 13th March 2018 that I have been granted bail exemption and that I should start signing at one of the Home Offices from Next week which should repeat forthnightly until deportation and contact voluntary leave help if I wish.Does this mean I'm going to be deported and my open application is ignored or what ?This application is just me ( I lost the children I had ).What is the outcome likely to be.Your advice will be appreciated.

Our Response:
It's really difficult for us to advise on specific cases as we don't have all the details. Have you been working/paying national insurance, tax in the time you've been in the UK? An immigration specialist might be able to help you. You can find an adviser here
AboutHumanRights - 20-Mar-18 @ 9:49 AM
Please help ! I need advice on what to do or expect. I entered the UK illegally about 26yrs and applied for Asylum 24yrs ago which was refused after 6months consideration.After 14yrs of continuous living in UK, I applied for ILR and was later granted 30mnths in 2014. I applied to renew before it expired in May 2017 using form DL, but my application was rejected in mid January 2018 as invalid. By the end of January 2018, I reapplied using form FLR (FP) and got an acknowledgement letter mid February 2018. I got a letter dated 10th March 2018, received on the 13th March 2018 that I have been granted bail exemption and that I should start signing at one of the Home Offices from Next week which should repeat forthnightly until deportation and contact voluntary leave help if I wish. Does this mean I'm going to be deported and my open application is ignored or what ? This application is just me ( I lost the children I had ). What is the outcome likely to be. Your advice will be appreciated.
Jay - 18-Mar-18 @ 1:50 AM
My husband has told by British immgration to leve uk but marryed Muslim law I am born british my husband has no family in bangladesh but has a British wife an family in uk wat do I do now
Princess - 16-Mar-18 @ 3:18 PM
Hello I am a British citizen and currently staying with my husband who is not british (we legally married since Nov 2017) now expecting our first child together. We made an application to regularise my husband's stay (as his last visa had expired in feb 2017) prior to us getting married and we made the application for leave to remain as a partner and under Article 8 rights. We are now hitting the 6 month mark since we made the application and still no response. We have been sending the UKBA updates i.e our marriage certificate and confirmation of our pregnancy in the hope it would assist our application but we have had no response. My husband is not working at the moment and I am the sole breadwinner, we are anxious that the time frame and the lack of response will leave us in a difficult situation if he is unable to work when the baby comes. Please would you advise how we can expedite the process? Is there any way that my husband can find work whilst we wait for the result?
Dezzo - 1-Mar-18 @ 5:08 PM
Olu - Your Question:
I have a British citizen son,Am illegal.i got a court order regarding my kids.the kids leaves with their dad,but I had them every weekend.on the court order it stated any time I need the kids british passport,that my ex should release it to me,but his not ready to release it for me.he said to me to take him back to court,I have done that,waiting for hearing date,for an enforcement.on the other hand.i have a make an application to the home office.with my kids birth certificate and the court order and with all our pics in it.i just want to know.do I have a chance.bc my son's British passport is not inside my applications bc my ex did not release it to me.i also put a letter of me requesting my son's British passport from him.please will the home office accept my request. I just want to give my kids a better life and to able to work.i have spent over decades in uk.without no paper.thankz

Our Response:
We really don't know what decision the authorities will make unfortunately.
AboutHumanRights - 28-Feb-18 @ 10:50 AM
Nisha - Your Question:
Hi I have been staying illegally in the uk for 11years and I want to apply for LTR do you think there is any chance for me? Because I don’t know wat I will do if they send me back and I’m 30 years old now help!!

Our Response:
We don't know unfortunately as we don't have any information about your circumstances etc. You should speak to a professional immigration adviser for help.
AboutHumanRights - 27-Feb-18 @ 3:26 PM
I have a British citizen son,Am illegal.i got a court order regarding my kids.the kids leaves with their dad,but I had them every weekend.on the court order it stated any time I need the kids british passport,that my ex should release it to me,but his not ready to release it for me.he said to me to take him back to court,I have done that,waiting for hearing date,for an enforcement.on the other hand.i have a make an application to the home office.with my kids birth certificate and the court order and with all our pics in it.i just want to know .do I have a chance.bc my son's British passport is not inside my applications bc my ex did not release it to me.i also put a letter of me requesting my son's British passport from him.please will the home office accept my request. I just want to give my kids a better life and to able to work.i have spent over decades in uk.without no paper.thankz
Olu - 26-Feb-18 @ 4:34 PM
Lisa - Your Question:
Hi. I would like to get some advice. I was brought here illegally at the age of 11, I am now 21. I don't have any documents. My birth was never registered. I was born in Switzerland to Angolan/Portuguese parents. I tried to contact some offices in Switzerland that can 'confirm' my birth there or existence but they couldn't help me because I need some type of I.D. I don't have anything. I also tried to apply for a Portuguese nationality but I still need a proof of I.D.What can I do to legalise myself?Thank you.

Our Response:
Are you parents still with you? Do you have proof of being educated here in the UK? Sorry we can't really help as there is not much information here. Seeking advice from an immigration adviser would be the most sensible thing to do.
AboutHumanRights - 26-Feb-18 @ 2:53 PM
Hi I have been staying illegally in the uk for 11years and I want to apply for LTR do you think there is any chance for me? Because I don’t know wat I will do if they send me back and I’m 30 years old now help!!
Nisha - 26-Feb-18 @ 10:28 AM
I have a British citizen son,Am illegal.i got a court order regarding my kids.the kids leaves with their dad,but I had them every week.on the court order it stated any time I need the kids british passport,that my ex should release it to me,but his not ready to release it for me.he said to me to take him back to court,I have done that,waiting for hearing date,for an enforcement.on the other hand.i have a make an application to the home office.with my kids birth certificate and the court order and with all our pics in it.i just want to know .do I have a chance.bc my son's British passport is not inside my applications bc my ex did not release it to me.i also put a letter of me requesting my son's British passport from him.please will the home office accept my request. I just want to give my kids a better life and to able to work.i have spent over decades in uk.without no paper.thankz
Olu - 25-Feb-18 @ 10:37 PM
Hi. I would like to get some advice. I was brought here illegally at the age of 11, I am now 21. I don't have any documents. My birth was never registered. I was born in Switzerland to Angolan/Portuguese parents. I tried to contact some offices in Switzerland that can 'confirm' my birth there or existence but they couldn't help me because I need some type of I.D. I don't have anything. I also tried to apply for a Portuguese nationality but i still need a proof of I.D. What can I do to legalise myself? Thank you.
Lisa - 22-Feb-18 @ 8:03 PM
Hi i need help anyone ??? I come uk December 2007 i was 17 i applied for asylum my application was refused i did not have right of appeal . I had limited leave for 6 month whhen it expired i applied and couple years after got married and had British soni have been granted discretionary leavebefore expired i applied for future leave in that time our relationship broke down i left i couldnt see my child either now i found out he is in care im trying contacti have also ptsdcan i apply for settlment ??
Mahdihamadan - 14-Feb-18 @ 9:54 PM
hi my self azam in 2013 i came to my home country, my daughter and my partner living in uk only . they are holding british nationality, and from indiai applied for family visit but i got refused for 2 times and i got 10 years banned. so i am planning to come to ireland on visit visa, and from there i want apply for my marriage and changing my status, please reply me
adam - 9-Feb-18 @ 2:10 PM
Hi I would like some advice please, I am a British citizen. I met my fiancé and after a few months realised I am three months pregnant. Two days before our wedding he was taken to an irc,I work part time and in the past have had depression I am starting to feel very low as he has been in detention for a month and his bail was refused with detention centre. We are both estranged from family and I rely on him for my emotional support. I’m worried he will be deported and I don’t know how il cope as a single parent as I won’t be able to work. What can I do ? Regards
Izzy - 9-Feb-18 @ 12:45 AM
Hello, I would like to know if someone overstated and looking by UK border agency. By the time they left the country without knowing UKBA ( illegal way). How many years they will ban for come back UK. And is there any problem to be a permanent resident of UK again. Please I really looking for the replay? Thank you Abouth Human Rights
Simon - 30-Jan-18 @ 11:09 PM
Hi, We applied to switch my husband from dependant of a tier 1 to spouse of one who is settled; as I got my settlement status in January 2016. During this application, we omitted some payslips, a letter from one of our employees and a proof of English language - error of omission. Though, on the sheet containing a list of all the documents we sent, we stated that we had sent the payslip but actually forgot to include it whilst packaging it. In august 2016 we received a refusal based on not having these documents; as we met all other requirements. They couldn't also make a decision based on our kids status as we did not include their British passports. We could not send back the missing documents immediately because we had no proof of id ( passport was held back by HO because it had less than 5 months to expire at the time of their response; we were told this was the standard) to enable my husband take the English language test. Just to mention that we are originally from a predominantly English speaking country ( Nigeria; a former British colony)and my husband did have some higher level education; just not a BSC. He has an HND; which we had though met the English language criteria at the time of initial application, hence we didn't bother doing any English test then. In a nutshell we were given rights to appeal which we did through our legal adviser within 14 days. My husbands then approached the Nigerian High Commission for another passport soon as the date of expiry of the old own; held by the HO, reached. Once this new passport was processed sand received, he took the 2 minutes exam and passed ( obviously), then we made another application including all documentations + all those the HO pointed to as missing in the first one. Our Legal adviser then advised the appeal be withdrawn since we had made another application. This was done a the appeal date given was still nearly 8 months away + whatever other legally possible reason the Adviser knew which we didn't; being a professional themselves and rendering a service we were paying for. This is nearly 18 months since the beginning of this turmoil. My husband is a shadow of himself; has been stopped from working because the ECM check done by his former employer came back negative saying since the 2nd application was made after the first visa had expired, He had no right to work in the UK whilst His case was being considered by the UKBA. We have had many visits to the G.P and hospital due to fluctuating Blood Pressures as he's depressed; being a very agile and hardworking man who can no longer have the right to work to support his family because the UKBA is taking forever to approve A SPOUSE VISA for him. I have cut short the many displeasures I have towards the UKBA as they've not even been able to give a specific reason why this decision is taking ages. My children can no longer enjoy the attention of their father because he's unhappy. The once happy family is nearly a shad
Godsown - 30-Jan-18 @ 9:08 PM
Sandybee - Your Question:
Please I live in the Uk with a child and another on the way in 3months. Please I don’t work any more am on maternity pay now and I need my husband here with me for our baby arrival and even I need his help cause if anything happens to me God for bid I dnt knw what I’ll do expecially I worry who will even look after my son for me to go hospital on my condition. Please help me to get my husband here.

Our Response:
We can't help on individual cases. Your husband should apply via the normal processes. Here is a link to the relevant information
AboutHumanRights - 24-Jan-18 @ 10:06 AM
Please I live in the Uk with a child and another on the way in 3months. Please I don’t work any more am on maternity pay now and I need my husband here with me for our baby arrival and even I need his help cause if anything happens to me God for bid I dnt knw what I’ll do expecially I worry who will even look after my son for me to go hospital on my condition. Please help me to get my husband here.
Sandybee - 23-Jan-18 @ 2:33 AM
Ahol - Your Question:
Hello I came illegally 5 years ago and I've been refuse twice by the court to get allowans to work. I live with my girlfriend and she support me but it not easy for her to work for both! My question is do I have any chance to get NINO to work ever? And if yes which way please. I'm desperate. They do t even want to send me back to my country which is not safe though but please can you help me?

Our Response:
You haven't told us why your application was refused so it's very difficult to comment. There are some specialist advisers in this field who may be able to help. Here is a list of regulated advisers
AboutHumanRights - 17-Jan-18 @ 10:47 AM
Hello i came illegally 5 years ago and I've been refuse twice by the court to get allowans to work. I live with my girlfriend and she support me but it not easy for her to work for both! My question is do I have any chance to get NINO to work ever? And if yes which way please . I'm desperate. They do t even want to send me back to my country which is not safe though but please can you help me?
Ahol - 14-Jan-18 @ 6:39 PM
Hi I live in uk for last 10 and half here wht can I do?
Faisal - 14-Jan-18 @ 4:10 AM
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