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Your Rights as an Immigrant

By: Liz Lennox - Updated: 26 Mar 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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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
Here is information about me. Any advice please. My solicitor at present is focusing towards an extension under the route Private life in the uk as a parent to british children(10year route) application. This is my 2nd time. 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 quick
Liz - 6-Mar-17 @ 11:49 AM
Hi Jim, Hope you are well. A couple of years ago I had an appointment with you asking for a supporting letter for my application to the Home Office. Im at the point of renewel and I find it very unfair that after living in Northern Ireland since 1995 I am having to Here is information about me. Any advice please. My solicitor at present is focusing towards an extension under the route Private life in the uk as a parent to british children(10year route) application. This is my 2nd time. I Liz, 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 n
Liz - 6-Mar-17 @ 11:45 AM
I need help. My fiancé is from Bangladesh and I want to bring him to uk as he's life is in danger from my family, they have already put him in prison with false accusation and beatedhim many times. I can't go Bangladesh as my life wil be in danger too. I want to be with him he has accept my kids from my previous marriage. Iv been living as a single mother last 4 years. What is the best soulution as this needs to be done asap and am really lost here to what to do. Someone please help me
Inaya - 6-Mar-17 @ 10:31 AM
Good evening it's JK here. I just want to ask the followering regarding my case. I came to the UK as a student in 2010 and have overstayed since 2011. However, for the past 2 years I have been in a relationship and am currently residing with my girlfriend. She is a British citizen and has two daughters from a previous marriage. Can I submit my case as an unmarried relationship status? What would you recommend in my situation?
Jassy - 3-Mar-17 @ 9:22 PM
My ex is a Brazilian who has taken me to court for full custody of my son to support his application to stay in the uk. He has engaged in a lot of illegal activity inc working, proceeds of crime, not paying tax, driving offences, sexual harassment to me, violence to me &Amy child.. yet he is still here and nobody is listening. Where are my rights as a U.K. Citizen? How can an illegal immigrant get away with this and not be deported?
Helpmeeee - 2-Mar-17 @ 12:04 PM
gur - Your Question:
Hi can you please help me out as I came in uk around 17-18 years ago , I came by air but home office is failed to find my record. now I am being detained. I am 31 years and 5 months old. what are my rights to stay in uk kindly reply thanks

Our Response:
Can you prove that you've been here for this length of time? Do you have payslips, tax statements or anything that can confirm it?
AboutHumanRights - 22-Feb-17 @ 12:37 PM
hi my friend came to the uk 2004.in 2010 he applied for asylum in uk. and case was regced.after in 2017 my friend he become mental.now he is in mentel hospital.can we reapply for case or what is the best way to do.he no have any support in uk.please reply ASAP
rocky - 20-Feb-17 @ 10:39 PM
I'm an American and married to a British man I have been here for 5 years with an indefinite leave to remain family does not like me because I'm an American and they keep threatening to kill me in bash my head in what can I do what are my rights I have reported it to the police but they seem to not care. They've done nothing to these people my husband has nothing to do with his family and hasn't way before I came into the picture.
Izzy - 20-Feb-17 @ 10:04 AM
hi can you please help me out as I came in uk around 17-18 years ago , I came by air but home office is failed to find my record. now I am being detained.I am 31 years and 5 months old . what are my rights to stay in uk kindly reply thanks
gur - 19-Feb-17 @ 10:16 PM
Me and my husband are portuguese got married in Portugal 2010 we came from Portugal to UK on 2011. We both worked full-time and have stable lives. I have now a 3 year lld daughter born in uk but portuguese nationatility and are ill in Portugal and all my family is there and I am separating from my husband due to lack of love from both parts, I want to go back to my country with my daughter. However he threathened me saying that he would never let her go with me because he would not authorise her to be away from him. I wanted her to see as daddy always as he wished but am feeling a prisioner and just need a bit of guidance. Please help Me, what do i need to do!? Thanks
Sylvierose - 14-Feb-17 @ 10:51 PM
safiya laher- Your Question:
My ex husband came to UK and got married to me as an illegal immigrant in 1997 and once he got the indefinete leave to remain in 2004 then he beaten me and my children very violently especially me that I was having braises everywhere. Please help me get him out of England all he wanted was British passport and money now he's got 3 shops and a minI cab office with his brother salim in Clapham high Street.

Our Response:
Report him to the police.
AboutHumanRights - 6-Feb-17 @ 10:28 AM
My ex husband came to UK and got married to me as an illegal immigrant in 1997 and once he got the indefinete leave to remain in 2004 then he beaten me and my children very violently especially me that I was having braises everywhere. Please help me get him out of England all he wanted was British passport and money now he's got 3 shops and a minI cab office with his brother salim in Clapham high Street. .
safiya laher - 3-Feb-17 @ 12:07 AM
Hi Hope you're in good moods. I'm an illegal immigrant living in London. I've been working to live my life as electric. I've been hired by a polish firm and ve been working since last 6 months. Today when I went there to claim my salary. Three polish guys closed the room and beaten me badly. I'm in a shocking situation and can't understand what should I do. I'm totally helpless And desperately in need of your help. Plz guide me for God sake. Shabaz
Saja - 1-Feb-17 @ 6:30 PM
My life was destroyed when my husband sent me packing, after 13 years we have been together. I was lost and helpless after trying so many ways to my husband back to me. One day at work, I was distracted, not knowing that my boss called me, so he sat and asked me what it was all about, I told him and he smiled and said it was no problem. I never understood what he meant by it was no problem getting back my husband, he said he used a spell to get back his wife when she left him for another man, and now they are together till date and initially I was shocked hearing something from my boss. He gave me an email address of the Prophet Abuvia which helped him get his wife back, I never believed that this would work, but I had no choice coming into contact with the sayings that I get done, and he asked for my information and that my husband was able to propose to throw him the spell and I sent him the details, but after two days, my mother called me that my husband was pleading that he wants me back, I never believed, because it was just a dream and I had to rush off to my mother's place and to my greatest surprise, was kneeling my husband beg mefor forgiveness that he wants me and the child back home, when I gave prophet Abuvia a conversation regarding sudden change of my husband and he made clear to me that my husband will love me until the end of the world, that he will never leave for another woman. Now me and my husband is back together and started doing funny things he has not done before, he makes me happy and do what it is supposed to do as a man without nagging. Please if you need help of any kind need, please contact Prophet Abuvia for help. His email is prophet.abuvia AT g m a i l . com his website is prophetAbuviasolutiontemple . webs . com
sarah - 24-Jan-17 @ 12:45 PM
All of you that have visas refused and have overstayed the solution is very simple. LEAVE! Just go away, stop living here illegally. You can continue the process from overseas. Observe the law don't break it
Np - 23-Jan-17 @ 7:30 PM
Hi i was in uk in 2000 on tourist visa styaed for 9months insted of 6months my friends suggestd me to take aslyum we were there with documents till 2008 i recived inshurace no i did ivf 2006i got miss careage then 2007 after ivf i hot my son born in uk Let me know how to come back in uk cause after detened my husband kidney failed because of high blood prssure he is not working and me been self employef in uk for 5yrs as beatcian still my haard wrk shop opend my landord got all benefitsneen paid all taxes i been detained pls help me my son is in hostel militry pls hp me how to return to uk I want to prevent my sons life he is born in uk and staying in gujrat india pls help us My no is 9624882767
Krishna - 21-Jan-17 @ 11:53 PM
Here in England for 17 yrs. Have a girlfriend for just over 1year. She is pregnant, we're going to have a son in June but my visa appealhas been declined due to criminal record from when I was 20. Will my son be born without me here? Or can I stay as him and mum are citizens?
Loz - 17-Jan-17 @ 4:44 PM
Hi I came UK 2001 my sylam refuse I got married I got 2 children one 3 yearone 10 year my wife she is illegal 3 year old daughter she Bourne in UK( kindly help me)
Tony - 16-Jan-17 @ 7:30 PM
Hi I came in uk for study I was relay unaware about here's everything I felt in love with someone and I got pregnant he betrayed me and left I got an abortion I was so alone I was shetered I went in depression I did shoplifting for 2 time as well and got caught totally I was living a life like hell nw by gods grace I m married and a mother of a baby I want to make my baby's life gud I really want a gud start can I apply for a visa I relay want a gud start plz rely asap waiting for ur answer
Anu - 13-Jan-17 @ 11:37 AM
Hi, I am a British woman working and have been with my partner for 1 year. I recently found out I'm pregnant and then found out my partner came here on a visiting visa jn 2009 and overstayed. He is working but i am worried that if i go ahead with my pregnancy he may still not be able to stay. Is there anyway to guarantee he can stay ie get married? I don't know what to do
Barb - 9-Jan-17 @ 3:44 PM
Ajay - Your Question:
Hi there.I came in the UK earlier 2014 and claimed asylum on my arrival at the port. After period of time l had got my first refusal from home office and all my appeals had been dismissed. And l became appeal right exhausted. One and half year later, I made what they called further submissions to liverpool with the evidence that nowhere to go back as I am still in risk in my country of orgin. But that did not change their previous decision. l was again denied and received a negative decision with no right of appeal, I feel that my case was not fairly treated. and That is when l decided to leave the united kindom to go to independent country to seek justic of my human rights. Even though I couldnt got chance to be examined of my case in that country. And l was finally been transferred back to the UK under dublin regulations. right now I am in london with same situation as before.I am please asking for any adivice??????

Our Response:
We can't really give you any more useful advice if you've already gone through the asylum seeking process. If it's really too risky to return to your own country and you are based in London at the moment, you could try the migrants resource centre for help, or call Asylum Aid on 0207 354 9264 onTuesdays between 13.00and 16.00
AboutHumanRights - 9-Jan-17 @ 11:17 AM
Hi there. I came in the UK earlier 2014 and claimedasylum on my arrival at the port. After period of timel had got my first refusal from home office and all my appeals had been dismissed. And l became appeal right exhausted.One and half year later, i made what they called further submissions to liverpoolwith the evidence that nowhere to go back as i am still in risk in my country of orgin. But that did not change their previous decision. l was again denied and received a negative decision withno right of appeal, I feel that my case was not fairly treated. and That is when ldecided to leave the united kindom to go toindependent country to seek justic of my human rights. Even though i couldnt got chance to be examined of my case in that country. And l was finally been transferred back to the UK under dublin regulations. right now i am in london with same situation as before. I am please asking for any adivice??????
Ajay - 7-Jan-17 @ 8:14 AM
Hi I'm looking for some good advice please I need help please I'm married to a UK British citizen I'm 37 and he is 52 we r married 6yrs now I come to the uk to visit in 2014 and I come here to live in 2015 we was ok his family them don't like me because I'm black he tell me that them don't like black people from my son come here in August everything about him change his mom tells him whate to do an what not to do he nolonger cares if we eat my son and I sleep on the floor for a month n from the 7 of Dec he go and do a very small operation and he stop at his mom house and from tht he don't return he don't care if we eat r anything I'm have and till 2018 to put in my paperwork work I'm thinking about leaving this marriage but I don't known wat to do I need ur help please
Sher - 30-Dec-16 @ 6:38 PM
Hi. My best friend has been in the uk for almost 10 years, he came from Punjab in India and yesterday he got held under custody in Scotland to be interviewed by immigration tomorrow and his cousin is calling his solicitor in the morning, he has a lot of cousins in London where he lives but has a fiancée here in Scotland, he was here legally but overstayed and I don't know how he can see me for the last time can someone please help me with some advice asap.
Linz - 28-Dec-16 @ 10:52 PM
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