According to the Human Rights Act 1998, it is unlawful for any public authority, including the Home Office (UK Visas & Immigration) and its immigration officers, to behave in a manner that is incompatible with the rights outlined in the European Convention on Human Rights.

All individuals residing in the United Kingdom and those who are under the jurisdiction and control of the UK immigration authorities are safeguarded by the European Convention on Human Rights.

What are the primary eligibility criteria for leave to remain on human rights grounds?

You may be eligible to apply for leave to remain in the United Kingdom under specific circumstances if it would violate your human rights to be required to depart.

Anyone who is the subject of an eligible immigration decision has the right to appeal to the Immigration Tribunal on the basis that the decision violates their human rights.

The European Convention on Human Rights' most frequently encountered human rights provisions in an immigration context are as follows:

• Article 3: prohibition on torture and inhuman or degrading treatment or punishment;
• Article 8: right to respect for private and family life.

What other information is necessary to submit a human rights application?

It is impossible to violate Article 3 under any circumstances, as it is an absolute privilege.

This means that the UK may be obligated to grant you leave to remain if the requirement to leave would put you at a genuine risk of ill-treatment, such as from the government or non-State agents, or due to the cessation of medical care if you have a severe medical condition.

An interference with your private and family life must be disproportionate to comprise a breach of Article 8, which is a qualified right.

In the context of immigration, the right to respect private and family life is frequently reconciled with the state's power to regulate immigration and safeguard the nation's economic prosperity.

A decision that would result in your separation from your family may constitute a violation of Article 8 if you have a companion and/or child in the United Kingdom.

In addition, it may be violated if you have established substantial connections in the UK and have resided there for an extended period.

The Home Office is required to consider the child's best interests when performing its immigration responsibilities.