APPENDIX

The following table is based on McKinney and Sumption (2021) and sets out the provisions of the Immigration Rules that are relevant to human rights cases. With the exception of certain children and young people who have spent a significant proportion of their life in the UK, any migrant granted LLR on the basis of their human rights is automatically placed on a 10-year route to settlement (Home Office 2021). There are four main provisions under which someone may be granted LLR on the 10year route on human rights grounds, which are grouped into two categories: ‘family life’ and ‘private life.’

Provision

Paragraph EX.1 of Appendix FM

Family life

Paragraph GEN.3 of Appendix FM

Requirements

Person does not meet standard family immigration rules but either:

• has parental relationship with a child who is British or has lived in the UK continuously for at least seven years, and it would be unreasonable for the child to leave the UK

• is a partner of a British or settled person (or someone with refugee leave or certain other types of leave) and there are insurmountable obstacles to family life continuing outside the UK.

Person does not meet standard family immigration rules or paragraph EX.1, but either:

• meets every requirement bar the minimum income rule and there are “exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the ECHR, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner, or a relevant child”

• “there are exceptional circumstances which would render refusal of entry clearance, or leave to enter or remain, a breach of Article 8 of the ECHR, because such refusal would result in unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member.”

Adult meets one of the following criteria:

Private life

Paragraph PL 5.1. of Appendix PL

• They have lived continuously in the UK for 20 years, even if unlawfully;

• There are very significant obstacles to their integration in the country of removal.

Paragraph PL 8.1 of Appendix PL

Adult does not meet certain suitability requirements or does not meet standard eligibility requirements for private life route, but decision-maker is not “satisfied that refusal of permission to stay would not breach Article 8 of the Human Rights Convention on the basis of private life”

It is possible to invoke the second of the four provisions above to apply both for entry clearance to travel to the UK and for permission to remain on the basis of exceptional circumstances. The other provisions can only be used to apply for permission to remain – ie for those who are already in the UK.