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Your Rights as an Immigrant

By: Liz Lennox - Updated: 14 Feb 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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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
Hello,i came into the UK 2years on a 6 month visiting visa and luckily i met my girl friend we date for a couple of month and she is pregnant and due to give birth next year March. Can i still make an application to the home office to be permanent resident in the Uk on the basis of my child and girl friend and also to work and take care of them. Regards.
ethansmart - 19-Dec-17 @ 3:40 PM
Oggie - Your Question:
Good afternoonMy case is quite complex and I'm not sure you will be able to answer it, but I live in hope. I met a white South African 4 years ago, who is quite a bit younger than me. We hit it off and he has become my best friend and lover. In fact, neither of us are that easy to get on with, but we get on with each other like we've never got on before. He is an overstayer. I realised we would have to take some drastic measures as at that time I was earning very little, so I sold my home. We sold pretty much all our possessions and hit the road. I had an idea that we would do up properties and that way it would provide me the income I would need in order for him to re-apply to come to the UK. It was a huge risk, but we worked extremely hard and just two years on from when we left, I now have 10 tenants and MORE than enough income to provide for him. My worry is that he has overstayed by about 4 years. He came to England in 2009 on a family permit. However, she left him for someone else just 1.5 years later. He was in such a state emotionally, struggling to make ends meet and trying to save to get a ticket back to his country. Having said that, as so many people, he gave up everything to come to the UK and there was this huge shame attached to facing his family who told him from the start that he would be sorry. He felt a failure. He was afraid. Then we met, and we clicked. He is going back to South Africa at the beginning of next year so that he can try to put right what he has done wrong. I'm wondering what is the likelihood of him being given permission to come back. We have more than enough money to live on and not have to work ever again. Also, I would not be able to go with him to live there as my daughter has an ongoing eating disorder, for which she has recently had to undergo an operation. If he was able to come back to the UK, we would want to continue our business and take it forward. He has worked up until 2015 for an employer and that worries us both. We are having so many sleepless nights and there's a lot of tears being shed when we think that we might have to say goodbye. Please, would anyone out there be able to give us advice - or tell us what the likelihood of him returning would be? I can get plenty of evidence from friends that our relationship is genuine. I can also get evidence from our lodgers that we live together. We have a few photos, but not many. I have loads of evidence that I have paid money regularly into his account. He has not been to South Africa, or out of the country since 2013. He has family in SA that he has never seen and he hasn't seen his parents for all that time. We are so frightened of losing each other.

Our Response:
Are you married? Has your partner been registered for tax here etc? That might help your situation. An immigration adviser would be the best route really.
AboutHumanRights - 18-Dec-17 @ 11:51 AM
Good afternoon My case is quite complex and I'm not sure you will be able to answer it, but I live in hope. I met a white South African 4 years ago, who is quite a bit younger than me.We hit it off and he has become my best friend and lover. In fact, neither of us are that easy to get on with, but we get on with each other like we've never got on before.He is an overstayer. I realised we would have to take some drastic measures as at that time I was earning very little, so I sold my home.We sold pretty much all our possessions and hit the road.I had an idea that we would do up properties and that way it would provide me the income I would need in order for him to re-apply to come to the UK. It was a huge risk, but we worked extremely hard and just two years on from when we left, I now have 10 tenants and MORE than enough income to provide for him.My worry is that he has overstayed by about 4 years.He came to England in 2009 on a family permit.However, she left him for someone else just 1.5 years later.He was in such a state emotionally, struggling to make ends meet and trying to save to get a ticket back to his country.Having said that, as so many people, he gave up everything to come to the UK and there was this huge shame attached to facing his family who told him from the start that he would be sorry.He felt a failure.He was afraid.Then we met, and we clicked. He is going back to South Africa at the beginning of next year so that he can try to put right what he has done wrong. I'm wondering what is the likelihood of him being given permission to come back. We have more than enough money to live on and not have to work ever again. Also, I would not be able to go with him to live there as my daughter has an ongoing eating disorder, for which she has recently had to undergo an operation.If he was able to come back to the UK, we would want to continue our business and take it forward. He has worked up until 2015 for an employer and that worries us both. We are having so many sleepless nights and there's a lot of tears being shed when we think that we might have to say goodbye. Please, would anyone out there be able to give us advice - or tell us what the likelihood of him returning would be?I can get plenty of evidence from friends that our relationship is genuine. I can also get evidence from our lodgers that we live together.We have a few photos, but not many.I have loads of evidence that I have paid money regularly into his account.He has not been to South Africa, or out of the country since 2013.He has family in SA that he has never seen and he hasn't seen his parents for all that time.We are so frightened of losing each other.
Oggie - 15-Dec-17 @ 2:51 PM
Hi I have been in the uk since I was age 9 and I am now 25, unfortunately I don’t have any documentation for my first 4 Year’s in the Uk because I was homeschooled and only started attending school at the age of 13,I have been refused settlement in the UK and I have lost every right to appeal and I can’t afford to put in a new application as I have been unable to work,please is there any way my situation can be helped. Thank you
Mary - 10-Dec-17 @ 10:20 PM
I am on agony as a mother who have tried everything to be reunited with my underage son who had been refused to enter UK twice. I tried to provide everything necessary and required in order for him to join me in the UK. I came here in the hopes that this country will give us a fresh start and fair chance in life. That if I follow all the rules and work hard there’s a big chance it will be the answer for my prayers. I am a law abiding British Citizen (Aqcuired 2015 arrived here 2007) who have a permanent job and of good moral character. I had been continually supporting my son as much as I could in all aspect, emotionally, financially and spiritually. My son’s custody was awarded to me from my nullified previous relationship with his father who have no involvement on his upbringing and had nothing to offer for my son’s future. My eldest sister who is in Philippines looks after him for me and she rely all the decision on me and extend my love and support to my son. My sister who have a family of her own knows I am going to bring my son in the UK the soonest I filled all the requirements set out by the immigration on which I worked hard to achieve. I might not have the chance to see him as frequently as I would love to, but that was the part of sacrifice I needed so I can be ready and be established before bringing him in UK. I have maintained good relationship with my son, I speak to him online regularly and I am the one to makes the final decision regarding his health, school and religion. I also decide on what he could buy or where he could go. I dedicated all my time with him whenever I go to Philippines. Even if I am here all I do is for him. I am not giving up on my son unlike other people who have failed and dismissed him. The Entry Clearance Officer based the decision on Article 297 Immigration Rules, “Sole responsibilty”. The telephone interview with my sister had also had been interpreted differently. I consider the decision was even more biased on the second application refusal, after submitting all the pertinent supporting evidence it seems to me as if it was overlooked and disregarded completely I doubt that they even look at the legal representation from my solicitors which answered the reasons of refusal. Although I have relatives in Philippines, He is my child and among anyone else who should look after my son and who have the reasonable rights and resposibilities, it is me. I am the mother and I have been a single mother for my son because of the dismissal, irresponsibilites and neglect from other people who had been deemed better to look after my son according to Immigration Case Officer. I felt like I have been stripped off my rights to perform my legal duties as a parent which had been bestowed upon me by the Court decision in the Philippines. I have continually andearnestly trying my absolute best to give my son a better life. He did not deserve to be hurt over and over again. My poor son who have to suffer the heartac
Led - 5-Dec-17 @ 11:48 AM
Emil - Your Question:
Hello,I came to the Uk as an illegal immigrant from albania 3 years ago. I was 23 years old. My ex wife guided me and picked me up from Ireland and brought me to the Uk. Anyways my issue is something else. We ended up having 2 children together and I worked 7 days a week in a carwash (illegaly) for 2 years to support my children, handing all my money over to her and her mother (both with mental health issues). They took all my money, abused me physically and verbally, never allowed me to make any friends and then threw me out on the street. I sadly never got to meet my youngest child who is now going to be 2 very soon. I left the uk voluntarily and I went back to greece hoping to get a citizens passport from there sonce I was educated there and could be entitled.This has now taken almost 2 years and I am losing out on seeing my children. Do I have any rights at all? Please help me I am desperate. I need to see my children. I dont care about living here or anything I just need to see my children.

Our Response:
You might need to seek help via the legal system - it may be that you can arrange contact here if come as a tourist etc.
AboutHumanRights - 4-Dec-17 @ 2:03 PM
Hello, I came to the Uk as an illegal immigrant from albania 3 years ago. I was 23 years old. My ex wife guided me and picked me up from Ireland and brought me to the Uk. Anyways my issue is something else. We ended up having 2 children together and i worked 7 days a week in a carwash (illegaly) for 2 years to support my children, handing all my money over to her and her mother (both with mental health issues). They took all my money, abused me physically and verbally, never allowed me to make any friends and then threw me out on the street. I sadly never got to meet my youngest child who is now going to be 2 very soon. I left the uk voluntarily and I went back to greece hoping to get a citizens passport from there sonce i was educated there and could be entitled. This has now taken almost 2 years and I am losing out on seeing my children. Do i have any rights at all? Please help me i am desperate. I need to see my children. I dont care about living here or anything i just need to see my children.
Emil - 3-Dec-17 @ 10:09 PM
Bex- Your Question:
H I'm British, and my husband is albanian My husband is currently in France with his sister , I am 6 months pregnant with our first child! And I have depression and other mental health issues! We have been denied a tourist visa but I'm going to France to see him tomorrow for a week and then with the advice of our solicitor and others we are going to both to try to return to the uk with our marriage certificate and a letter from the doctor confirming my pregnancy and mental health issues! As apparently he has the right to be here in the uk with me to support me etc ! Human rights and freedom to move rights? I just want to confirm this please

Our Response:
EU freedom of movement rights will not apply if your husband in from Albania (not an EU member). It would be wise to seek advice from an expert immigration adviser who is furnished with all the relevant information about your case. Does your husband have a prospective employer here in the UK who could support him with his application for a visa (even if it's only a temporary one)?
AboutHumanRights - 27-Nov-17 @ 2:41 PM
H I'm British, and my husband is albanian My husband is currently in France with his sister, I am 6 months pregnant with our first child! And I have depression and other mental health issues! We have been denied a tourist visa but I'm going to France to see him tomorrow for a week and then with the advice of our solicitor and others we are going to both to try to return to the uk with our marriage certificate and a letter from the doctor confirming my pregnancy and mental health issues! As apparently he has the right to be here in the uk with me to support me etc ! Human rights and freedom to move rights? I just want to confirm this please
Bex - 23-Nov-17 @ 8:18 PM
Kel - Your Question:
Hi, my daughter, age 12 born to 2 parents who are British Citizens by Descent, had her leave to remain declined. The reasons given amongst others was that it was reasonable to assume she could return to her home country with her father on grounds that we had money to look after her, and that I, as her mother should be removed with her. Currently I am employed in the UK and am the sole provider. Going back home to our country will be far from easy as neither of us (mum and dad) will find it easy to be gainfully employed. Could you advise us on our child's rights in terms of the Home Office reviewing this in the 'best interests of a child's. Also important to mention all family that show any interest in our family reside in the UK and EUROPE.

Our Response:
We don't have enough information to advise on individual cases like this. An immigration specialist should be able to help, you can search for one here
AboutHumanRights - 21-Nov-17 @ 12:39 PM
Hi, my daughter, age 12 born to 2 parents who are British Citizens by Descent, had her leave to remain declined. The reasons given amongst others was that it was reasonable to assume she could return to her home country with her father on grounds that we had money to look after her, and that I, as her mother should be removed with her. Currently I am employed in the UK and am the sole provider. Going back home to our countrywill be far from easy as neither of us (mum and dad) will find it easy to be gainfully employed. Could you advise us on our child's rights in terms of the Home Office reviewing this in the 'best interests of a child's. Also important to mention all family that show any interest in our family reside in the UK and EUROPE.
Kel - 20-Nov-17 @ 6:08 PM
I came to the UK as a 17 year old from nigeria in November 2003, this is 14 years niw, I want to regularise my stay now , which way is the beat option for meThank you
Dis - 20-Nov-17 @ 4:30 AM
Vic - Your Question:
Please I need a urgent answer to this question.im an overstayer I was arrested by immigration last week but I was released and put on reporting conditions.i was served with statement of additional grounds under sec 120. I have filled them up myself but dont know where or how to send it to the home office as theres no postal addres or nothing. Does anyone know where I should send it to.

Our Response:
The address on the FLR HRO form is as follows:
Home Office
FLR(HRO)
Leave to remain
PO Box 495
Durham
DH1 9LL
AboutHumanRights - 15-Nov-17 @ 2:03 PM
Please i need a urgent answer to this question.im an overstayer I was arrested by immigration last week but i was released and put on reporting conditions .i was served with statement of additional grounds under sec 120. I have filled them up myself but dont know where or how to send it to the home office as theres no postal addres or nothing. Does anyone know where i should send it to.
Vic - 14-Nov-17 @ 2:17 PM
Hi my name is Roman I'm from Afghanistan I'm come to the UK on 2010 and I was in age 15 the home office was give me visa till age off 17half and new I'm 22. I'm been to school in here in here. I'm illegal new and my life is unusal. I alcoholic and I'm not work . My life is getting hard day by day
Roman - 1-Nov-17 @ 12:25 AM
frog - Your Question:
I have two kids who are british and my husband is british as well. I overstayed in uk during one of my visits. Now I went home since 2014 to apply for settlement twice and have been refused. What should I do because is on the edge of breaking because of distance

Our Response:
You or your husband will need to see an immigration specialist for help with as we don't have enough information to advise you.
AboutHumanRights - 31-Oct-17 @ 3:21 PM
I have two kids who are british and my husband is british as well. I overstayed in uk during one of my visits. Now i went home since 2014 to apply for settlement twice and have been refused. What should i do because is on the edge of breaking because of distance
frog - 29-Oct-17 @ 12:12 AM
I am an over stayer i have lived in this country since 2005 and became an over stayer in 2011 got married in 2014 to an EU national but the marriage broke down and got divorced, the divorce got finalised in march 2017. Is there anything i can do to get the right to live here in the UK legally.
viktor - 26-Oct-17 @ 3:51 PM
Hi I was 17 years old when i have arrived in the uk as a student on 21st jan 2010. I extended my visa three times. Then in the middle of 2014 i went back home to visit my family when i got back I received a letter from home office “regarding English language test” you may know well. That letter indicated my visa has been cancelledwhich was about to expire in oct 2015but before that I switched my visa to EEA as one of my relative from denmarkhad been living in the uk but my visa was refused. Couldn’t attach all the proofs. About the refusal my lawyer told me after a month that your application has been refused. Due to money problem i didn’t apply for any visa for 1 year. Then last year in December i appliedsame EEAvisa And got refused in june2017 due to my EEA relatives ID wasn’t attached . For some reason my uncle wouldn’t give it to me. And also he is not in the uk anymore. Just want to know can i apply for anything as i want to stay legally in this country. My grandparents are also British they moved here in 1962. Unfortunately my dad died in 1999 and he never been to uk. Granddad died few years ago but grandma is still alive and getting her pension but she’s not in the uk. As i was 17 can i apply for ilr after 10 years as i Would have spent half of my life in the uk Or anything just to legalise my status I’d appreciate Thanks a lot in advance!
Mo - 24-Oct-17 @ 1:33 AM
Hi my husband is in uk since 2003 Feb he has severe head injury in2012 .now he is detention since 25 August he is quite stressed
Shaf - 22-Oct-17 @ 5:56 PM
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