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Your Rights as an Immigrant

By: Liz Lennox - Updated: 25 May 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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[Add a Comment]
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
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?
girl - 23-Apr-17 @ 9:20 AM
My husband and I moved to uk in 2007; my husband was on a student visa and I was his dependent. The visa expired in 2009 & Unfortunately we were not able to get an extension. Our whole family is settled successfully in uk and run businesses. We help run my husbands sisters business; and she supports us financially. I am now 6 months pregnant expecting our first child and I've not had any medical care as I am too afraid to go to the Gp. Is there any way we can regularise our stay?
SV - 22-Apr-17 @ 5:36 PM
Hi I live in uk last 7 years illigle I got problem after my surgery now can I apply for p.r in uk
Kumar - 20-Apr-17 @ 10:54 PM
Dee - Your Question:
Before 10 years I was in uk I had a asylum wich pretending to minor age and was refused.now I am a eu citizen and I travel to uk before 3 months and I been identified been waited 2 hours and after they let me free. if I want to travel to see my family when I come back will I have the same problem I be stoped? I'm a European citizen now.please help need an advice.

Our Response:
If you are an EU member citizen your rights to visit the UK will remain the same as other EU citizens at least until UK leaves the EU in 2018
AboutHumanRights - 19-Apr-17 @ 12:01 PM
Before 10 years I was in uk I had a asylum wich pretending to minor age and was refused.now I am a eu citizen and I travel to uk before 3 months and I been identified been waited 2 hours and after they let me free. if I want to travel to see my family when I come back will I have the same problem I be stoped? I'm a European citizen now.please help need an advice.
Dee - 16-Apr-17 @ 10:41 PM
Malinda - Your Question:
Hello , I live in uk for 20 years and I can't prove that I'm here for 20 years , I can prove that I'm here for 18 years , do I have any right to claim for my permanent staying in uk ? Thanks for your help.

Our Response:
Here are the details for how to apply . We assume this is what you're referring to.
AboutHumanRights - 5-Apr-17 @ 2:36 PM
Hello , Ilive in uk for 20 years and I can't prove that I'm here for 20 years , I can prove that I'm here for 18 years , do I have any right to claim for my permanent staying in uk ? Thanks for your help .
Malinda - 2-Apr-17 @ 4:27 PM
Hi, I'm live in uk 10 illgal I'm rejected You can help, please?
Ash - 26-Mar-17 @ 5:08 AM
Hi I came here in 2012 as a student n now I don't have visa n now I have a7 month daughter from British girl but I don't have any proof that we are living together can I apply for visa please tell me thanks
Ravvi - 20-Mar-17 @ 4:45 AM
Hey i'm Sabrina from Bangladesh.my maternal grandfather late Monohor Ali was a British legal citizen. He was died in around 1985 in England.his dead body was sent to Bangladesh by his brother in law..that time my mom was only 10years old.my mom has 2 brother and 2 sister.my younger maternal uncle was died in2005 from kidney damage! My grandmother Mrs. Renu Begum (wife of late Monohor Ali)is 85 years old! And she has ulcers on her throat! Their financial aren't good! She has to take an injection in every 15days after which cost is around 2.5k in Bangladeshi taka.it's very difficult to them in this financial situation. My elder Uncle (son of late Monohor Ali) is a farmer! And he has a big family with 5members ! We tried many times to get proper rights of my Grandmother! But we didn't get! We just found a rights to get yearly pension 50 pounds!! My Grandmother's situation is getting worse day by day! What should we do now? How can we get our proper rights?
Sabrina - 8-Mar-17 @ 9:10 PM
I came here on student visa but i missed my university 2011 i had 4and half year visa now finished now any human rights for me sir
Garry - 6-Mar-17 @ 8:10 PM
I came here on student visa 2011 its 4and half year visa but i missed my university now any chance of human rights
Garry - 6-Mar-17 @ 8:07 PM
I am a 34 year old Canadian National who arrived in Northern Ireland in August 1995. I travelled here with my mother , brother and step sister. My mother married (British National) in 1990 whilst living in Canada. My mother and step father agreed to move to Northern Ireland to be with his family after he had spent more then 20 years in Canada. he wanted to be close to his family. Step father had arrived a short period before us to set up home for our arrival. After a short period my mother flew home to visit her family by herself on holiday to Canada. When she tried to enter back to the UK to come back to us she was embarked and had to acquire leave to remain as a spouse of a British Citizen. My mother understood that I also would have been included in the application and therefore took no further steps regarding my immigration status. After 5 years in Northern Ireland, my mother applied for and received her indefinite leave to remain in 2001. Again my mother assumed that the application included myself and she was not unduly concerned. I myself was not concerned either at the time as I arrived into Northern Ireland as a minor and not in a position to apply for leave to remain. I attended school locally and when I was 16 I received my National Insurance number. By the time my mother had obtained indefinite leave to remain, I was 18 years old and in further higher education. After concluding my further education, I then went to work in a daycare full time and then a care home for adults with learning disabilities. I had my first child( 2005) then 2nd child (2008) and 3rd ( 2011). I now work as a Senior Community care worker and have been since 2014. I was informed by the UKBA that I was living here in Northern Ireland illegally through a telephone call. This issue was highlighted as I was told I needed to renew my own passport in order to get daughter a passport so she could travel to visit her fathers family in London. However this was not the case and her father did obtain a passport for her. I renewed my child passport anyway which I received from my mother. Inside the passport it was stamped 6 months entry and working was prohibited. I sent my passport away and received it back with information on visas. Obviously i wanted this issue resolved as soon as for it all came to a shock. I have lived here for almost two thirds of my life and for all of my adult life. If I had known at any time that I did not have leave to remain in Northern Ireland then I would have acted immediately to rectify the situation. Immediately I contacted my solicitor who after a couple years told me that I needed to seek an immigration solicitor as it was very complicated. I again acted on this very quickly and contacted a solicitor in Belfast that advised me I needed to apply for a (FLR/FP) application on the basis of family life as a parent who's child/children lived in the UK for a continuous 7 years or more without leav
Liz - 6-Mar-17 @ 11:51 AM
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