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Your Rights as an Immigrant

By: Liz Lennox - Updated: 23 Nov 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]
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
Nakitende- Your Question:
Good afternoon we have been in the UK since 2000 I applied asylum on the same day. They refused my case 2003 but my lawyer appeal on my behalf still rejucted I need help where can I go

Our Response:
You have no real choice but to return to your own country once your case has been investigated (and you say it's been to appeal as well). It might be worth applying to come to the UK again from your home country.
AboutHumanRights - 20-Oct-17 @ 2:20 PM
Good afternoon we have been in the UK since2000 I applied asylum on the same day. They refused my case 2003 but my lawyer appeal on my behalf stillrejucted I need helpwhere can I go
Nakitende - 18-Oct-17 @ 1:26 PM
Good evening, I live illegally in the UK since 2003, the thing is; my belief and culture have completely changed although I grow up Muslim for many years but really my vision towards Islam or any other religion became different, I'm afraid to go back to my country then I got prosecuted for what I've gained through my staying in a free country such as UK. Besides, I've a large community of friends and families in here. Also a unique way of life which will be impossible to change by going back to the dark ages and the permanent restrictions in my country.On the other hand, I can't even think of taking an action to get myself off of what I've done to myself unintentionally or with ignorance of law as a result of my own fears, which is the mean reason I can't make a decision or trust anybody even the solicitors, the majority of them are not honest, they only seek honey from a dead bee.Please let me know what I can do, otherwise I will continue living the same way.Thanks for giving me the chance to write down a tip of life story.Regards, SamSo, is there a way out of?
tariq - 16-Oct-17 @ 1:20 PM
King - Your Question:
I have been overstayed tourist visa 10 years me any my wife and one child aged 10 been in the country for more than 6 years. I got another child 5 years born in U.K. both child in school I manage to work with real name and paying all years tax ,, Any chance to apply human rights or register the second boy as a British citizen as pe paragraph 3 schedule 2 1981 nationality law?Thank you,,

Our Response:
You really need to speak to an immigration specialist about this. It's difficult for us to respond to individual/personal questionswhere we don't have all the background information. Citizens' Advice will be able to refer you to an immigration expert.
AboutHumanRights - 10-Oct-17 @ 2:47 PM
I have been overstayed tourist visa 10 years me any my wife and one child aged 10 been in the country for more than 6 years . I got another child 5 years born in U.K. .. both child in school I manage to work with real name and paying all years tax ,, Any chance to apply human rights or register the second boy as a British citizen as pe paragraph 3 schedule 2 1981 nationality law? Thank you,,
King - 9-Oct-17 @ 1:10 PM
i have been refused i dont know why the court doing this to me im not that kind person whic makes other in deep im a happy person but this satution makes me so upset belive you me im very hurt i have no idea what to do the social worker saying that if dont send human right application then we wont support you im going to college doing health and social worker in college plz i need help to stay here i love to stay here i dont want to go nowhere plz plz
i don't have - 30-Sep-17 @ 3:40 PM
tony - Your Question:
I came to England in 1977 after my parents died at the age of 8 and lived with my uncle. I have been living here since.I need to know how I can get hold of my documents to show that I'm am ok to be in the country

Our Response:
Do you have any adoption papers? What documentation does your uncle have? Sorry there isn't enough information here.
AboutHumanRights - 27-Sep-17 @ 2:38 PM
I came to England in 1977 after my parents died at the age of 8 and lived with my uncle. I have been living here since. I need to know how I can get hold of my documents to show that I'm am ok to be in the country
tony - 25-Sep-17 @ 9:17 PM
I came to uk July 2009 applied for asyum 2012 became illegal after September 2012 as my application got refused. I made a fresh asylum claim and provided other evidence to my asylum claim and still waiting for a decision on that. My question is can I apply for ILR for long stay? Never left uk in the meantime...
Bawer - 19-Sep-17 @ 3:56 PM
Momo1999 - Your Question:
Hi I came to England in 1999 and I stayed in n the U.K. Illegally until I met my ex partner in 2009, during that time we were together I applied for EEA national and was granted 5 years, before my 5 years expired we broke up. My five yrs expired last year and I applied for ilr and was refused because I am not with him anymore So now I am appealing on the grounds that I have been here 18 years and paid taxes and worked. What my question is now is that I have never left the country since 1999 and worked never on benefits. Can I be granted after 20 years and do I have grounds to appeal Please if you can help with advice please let me know Thank you

Our Response:
The fact that you have worked and paid taxes etc during the entire period of your stay, should make a different in an ideal world. However, the immigration rules in this country are complex (often needlessly so) and your most effective step would be to seek advice from an immigration specialist: you can find a list here
AboutHumanRights - 18-Sep-17 @ 10:26 AM
Hi I came to England in 1999 and I stayed in n the U.K. Illegally until I met my ex partner in 2009, during that time we were together I applied for EEA national and was granted 5 years, before my 5 years expired we broke up. My five yrs expired last year and I applied for ilr and was refused because I am not with him anymore So now I am appealing on the grounds that I have been here 18 years and paid taxes and worked. What my question is now is that I have never left the country since 1999 and worked never on benefits. Can I be granted after 20 years and do I have grounds to appeal Please if you can help with advice please let me know Thank you
Momo1999 - 14-Sep-17 @ 2:31 PM
Sam - Your Question:
Good evening, I live illegally in the UK since 2008, the thing is; my belief and culture have completely changed although I grow up Muslim for many years but really my vision towards Islam or any other religion became different, I'm afraid to go back to my country then I got prosecuted for what I've gained through my staying in a free country such as UK. Besides, I've a large community of friends and families in here. Also a unique way of life which will be impossible to change by going back to the dark ages and the permanent restrictions in my country.On the other hand, I can't even think of taking an action to get myself off of what I've done to myself unintentionally or with ignorance of law as a result of my own fears, which is the mean reason I can't make a decision or trust anybody even the solicitors, the majority of them are not honest, they only seek honey from a dead bee.Please let me know what I can do, otherwise I will continue living the same way.Thanks for giving me the chance to write down a tip of life story.Regards, SamSo, is there a way out of?

Our Response:
Here's the advice from the Citizens' Advice Bureau:
"As an illegal resident your situation is unusual, so you won’t be able to make an application without the help of a specialist legal adviser.
You might be able to apply to stay in the UK if:
you're aged between 18 and 24 and have lived here for more than half of your life
you’ve been living in the UK for a long time
returning to your home country would be dangerous
you’ve got strong relationships in the UK
you’ve got children in the UK"
AboutHumanRights - 13-Sep-17 @ 1:53 PM
Good evening, I live illegally in the UK since 2008, the thing is; my belief and culture have completely changed although I grow up Muslim for many years but really my vision towards Islam or any other religion became different, I'm afraid to go back to my country then I got prosecuted for what I've gained through my staying in a free country such as UK. Besides, I've a large community of friends and families in here. Also a uniqueway of life which will be impossible to change by going back to the dark ages and the permanent restrictions in my country. On the other hand, I can't even think of taking an action to get myself off of what I've done to myself unintentionally or with ignorance of law as a result of my own fears, which is the mean reason I can't make a decision or trust anybody even the solicitors, the majority of them are not honest, they only seek honey from a dead bee. Please let me know what I can do, otherwise I will continue living the same way. Thanks for giving me the chance to write down a tip of life story. Regards, Sam So, is there a way out of?
Sam - 11-Sep-17 @ 9:53 PM
Hi i need some adviceam a filipino citizen..with a u.s.a. greencard visa holderand been married to a british guy for 11 years and we have 2 kids 6 and 9 years old .. has a british passport . we move to uk last feb.2017..my husband apply me fora tourist visa for 3 to 6 months because husband told me that as long as we got here in uk he well process my visa to remain so i could stay with him and my two boys but till now he didnt apply my visa yet because of some financial circumstances and he just got a new job andvisaalready overstayed for a month...what could possible happen to me ..is uk immigration let mestay more with them so i can look after my two umderage children in the uk or they well let me go home back to the u.s.??until husband apply a visa for me to stay with them. thank you much appreciated...
Che - 7-Sep-17 @ 2:25 AM
I'm staying in uk from last 2002 by illegal.. But I put my file in the home office towise.. But they refuse me for some reason.. I don't take any benefits from government.. Please anyone can help me.. Many thanks Parneelam Singh
Neela - 6-Sep-17 @ 7:18 PM
Hi , I been here I Uk since 2002 in 2003 my Azil been refuse since that time i been illegal immigrant, in 2010 I didapplication formwith Solicitor but they Refuse methey geve me right for haj Courts but I didn't have money to pay Barrister Avokat , so I thot to ask what to do now if you can help me Please
M - 5-Sep-17 @ 8:58 PM
Hi i am from india i have done masters and my bf is in uk but he is illegalhe has been in uk for 6 yearswe want to mary is there any way to get uk citizenship pls help
pink - 5-Sep-17 @ 4:46 PM
Caz - Your Question:
Hi, my partner is American, he overstayed his tourist visa in Europe and we are now expecting a baby. I have recently moved back to the UK and we hope for him to join me ASAP. Is this possible or will he be turned away at immigration?

Our Response:
You will need to speak to an immigration adviser about this as we don't have sufficient information. Your partner will need to apply for a visa again...does he have a job here etc?
AboutHumanRights - 5-Sep-17 @ 11:06 AM
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