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Your Rights as an Immigrant

By: Liz Lennox - Updated: 12 Jun 2019 | 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]
Please i need your advise about living here legally in the UK. I came here when i was 17 and i'm 23 but i'm comfused on what to do to live here legally. I have all my families here (Sister, nieces and grandma) lived half of my life here and sending me back to my country is a big risk on my life. Please help me
AY - 12-Jun-19 @ 2:32 PM
hi i came to uk 8 years ago as a student with my partner i had visa until 2014 and i have completed MBA in uk .we applied our visa in 2014 and home office held our visa due to toeic exam which i done in 2012.but before the toeic i had IELTS certificate too .but they detained us unlawfully and refused our application same day.now since 2014 im fighting against this .and now i got in country appeal and home office refused me agaain saying i have no human right to be in uk.when i got court hearing home office refused to come and they asked me to withdraw the case but i didnt sign to withraw so court gave home office three moth to reply me and after four month i got refusal saying i have no right to be here and i took deception even tho i got right of appeal i want to know whats my right now and they keep dismissing me and all my visa was up to date untill 2014 . im signing once in every month .please advice me how to find my rights here thank you
nadee - 10-Jun-19 @ 11:11 PM
Hi I’m in Uk last 17 year my all family Uk permanent resident I apply so many time in home office my case but thay refuses my case if I apply now can I have a chance to get visa thanks
Mindu - 26-Mar-19 @ 9:23 PM
Hello my cusin asad m came to uk in 2003 and his visa expierd in 2009 then he been arressted two times after to leave the uk in 2010 and 2015 He is still on the run. Today 4th of jan 2019 he got arressted by uk police and i dont know what they might do to him. Please can anyone addvice me please. Thank you
Shinnkoo - 5-Jan-19 @ 12:45 AM
Hi I’m Aman I came in U.K. 2009 working holiday maker visa now I’m over stayer in U.K. almost 10 years. I’m working as builder so my question is that can I invest money in business and property and apply and visa or PR something??????
Aman - 31-Dec-18 @ 3:28 PM
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, 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
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
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