Home > Lifestyle > Your Rights as an Immigrant

Your Rights as an Immigrant

By: Liz Lennox - Updated: 11 Nov 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.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Hi, looking for some advice. I'm 25 years old, UK citizen, working full time. My girlfriend is from Central America and she has overstayed for a year, we've been together for a year and she has fallen pregnant. Would she able to stay and give birth? Then apply for a visa ? What shall we do?
Jay - 11-Nov-18 @ 4:54 PM
I need to know how I go about getting my husband who I married in U.K. a visa as we have a child born in U.K. too his in states as was told he could not stay on a visitor visa
Sim - 6-Sep-18 @ 4:40 PM
Hi, I came in uk may 2008 on student visa which expried in August 2010 I applied for visa extension but it’s been refused and been told to leave uk. However I continued without visa in 2012 I have been detained by Ukba and I put asylum and been released on bail, they called me for reporting every month ( which I never missed till now) when they released me I met a British girl and we start living together after few months jan 2013, we applied on base relationships in late 2013 and they refused in aug 2015, we applied again and I withdraw my asylum application, now in 2018 they refused again on base why I want to liv here why can’t my partner moved to India with me and start new life there. She have good job and and on side run own business which earn more then 35k, they give me right to appeal from outside UK. Anyone can suggest us what we can do? Many thanks
Sandy - 16-Aug-18 @ 8:04 AM
I was a victim of spousal abduction in 1974, given a new surname, British schooled, even a stint at naval academy, didn't know anything from past and the truth till many years after my mother had died, so now I have Dutch passport and as its a first issue in 2016, it only clarifies me as being a UK resident for the last 2 years.
The unknown - 7-Aug-18 @ 7:13 PM
ed - Your Question:
Hi I am a British national I was born and live in the United Kingdom. My boyfriend who is not of British nationality came to the United Kingdom as a tourist in March 2017 and has overstayed the 6 Months. We have been staying together in the U.K and he wants to return to his own country please could you advise me of what the procedure and penalty would be for him to return to his country as an over stayer here in the U.K.and will there be any penalty for myself for him staying with me

Our Response:
Here's the information about how you can get help to return to a home country if you are an overstayer,
AboutHumanRights - 6-Aug-18 @ 10:53 AM
Hi I am a British national I was born and live in the United Kingdom.My boyfriend who is not of British nationality came to the United Kingdom as a tourist in March 2017 and has overstayed the 6 Months. We have been staying together in the U.K and he wants to return to his own country please could you advise me of what the procedure and penalty would be for him to return to his country as an over stayer here in the U.K. and will there be any penalty for myself for him staying with me
ed - 3-Aug-18 @ 1:32 PM
Hi I entered uk when I was 17 and my father,s assylum was in process now my father have British passport but I am living in uk for 14 years illegally.i have spent best years of my life here and basically grew up here.i never applied for assylum but did last year.on basis that I lived in uk for 14 years and that my father is British is there any chance for me to get indefinite leave to remain and what assylum should I apply if I have applied is wrong
Shaz - 3-Jul-18 @ 2:17 AM
Hi . I'm from Libya I been asylum seekers for 2 years and they refused me after they gave me HP for 5 years my question is do I canvisit Libya and back to UK. Thank you
Mahdi - 21-Jun-18 @ 1:09 PM
Hi,I came Uk in December 2009,my husband is British born and my 2 kids r British too.7 and 8 years old.They refuse first time my husband appealed then I came here after that I had 2 and half years visa,then 2 or 3 years again and leave to remain till dec 2018, I don’t understand what shall I do now apply for indefinite or Pr.me and my husband working part time that may be the problem or 2009 rules should be apply for my application.please someone answer these questions please
Aman - 16-Jun-18 @ 8:43 PM
I like ON UK but HK Visa very defile There fire plz give me UK visa
bchajee - 13-Jun-18 @ 6:36 PM
Iv been in the UK since 1986,i have been to prison a few times, I have 5 British born children, because of my criminal record they are trying to deport me to my country of birth Seychelles, iv never lived there can't speak the language and know nothing about life out there I have never no contact with my family out there, iv lost my appeal and trying to reapply, what can I do.
Ran - 7-Jun-18 @ 2:03 PM
Mimo - Your Question:
Hello. ;) I came to uk 2008 by visa in 2009 I had asylum but they didn't gave me right to remain in the uk. Since 2008 I'm living illegally in uk. Just ask if There's in think to get my right to say here. I heard last time boris Johnson tolk about imnstey for the peoples who lives in uk for more than 10 yrs. just ask any advice plz Thanks.

Our Response:
No there are is no specific right as of yet. The easiest way to resolve this would be to speak to an immigration specialist for advice.
AboutHumanRights - 4-Jun-18 @ 3:27 PM
Hello. ;) I came to uk 2008 by visa in 2009 I had asylum but they didn't gave me right to remain in the uk. Since 2008 I'm living illegally in uk. Just ask if There's in think to get my right to say here. I heard last time boris Johnson tolk about imnstey for the peoples who lives in uk for more than 10 yrs. just ask any advice plz Thanks.
Mimo - 4-Jun-18 @ 2:54 AM
Hi! My future husband has been imprisoned for 4 months and he had another 4 months to stay imprisoned, in total 8 months. The Immigration Office has offered him to leave the country, because of the circumstances and his mother being ill, he choosed to go home. I am an UK resident and soon I will give birth. I know that my baby has the right to become a British Citizen. Can I apply for his ban to be lifted, or do I have to wait till I become British Citizen? This will be next year. He is banned in the UK but the immigration office didn’t tell us for how long, and I don’t know who to ask and what to do. Can I please get your advice? I much appreciate it! Best Regards, Delia
Delia - 2-Jun-18 @ 7:32 PM
Mike- Your Question:
Where can I report a situation of racism?There are any organisation where I can report?I'm a Italian male and I'm getting some problems in my work because I'm Italian.Thanks.

Our Response:
First talk to your HR department (raise a complaint)
AboutHumanRights - 1-May-18 @ 1:39 PM
Where can I report a situation of racism? There are any organisation where I can report? I'm a Italian male and I'm getting some problems in my work because I'm Italian. Thanks.
Mike - 30-Apr-18 @ 7:14 PM
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
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Latest Comments