# Human Rights Act



## reynoldsgirl (Jan 19, 2012)

Can anyone tell me how the human rights act protects family life and a man and wife's right to a family life ?

Can ukba turn down a couple with a baby just because of money or is this classed as. Interfering with rights to family life.

I look forward to hearing opinions on this as we are considering a human rights application 

Thanks


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## jojo (Sep 20, 2007)

reynoldsgirl said:


> Can anyone tell me how the human rights act protects family life and a man and wife's right to a family life ?
> 
> Can ukba turn down a couple with a baby just because of money or is this classed as. Interfering with rights to family life.
> 
> ...



Surely if you are being turned down because you dont have enough money to live in the UK then it is in your best interest. However, without knowing the details, its not something anyone can judge!

Jo xxx


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## reynoldsgirl (Jan 19, 2012)

What I mean is my particular situation I should be ok money wise but I only have a few weeks of payslips as not been in job long . I also am starting a new job soon which is better money . I read somewhere that it's against human rights to force a married couple to live apart due to funds I just was wondering about that as many people are denied


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## MaidenScotland (Jun 6, 2009)

reynoldsgirl said:


> What I mean is my particular situation I should be ok money wise but I only have a few weeks of payslips as not been in job long . I also am starting a new job soon which is better money . I read somewhere that it's against human rights to force a married couple to live apart due to funds I just was wondering about that as many people are denied




It would depend on what you meant by forced?


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## jojo (Sep 20, 2007)

reynoldsgirl said:


> What I mean is my particular situation I should be ok money wise but I only have a few weeks of payslips as not been in job long . I also am starting a new job soon which is better money . I read somewhere that it's against human rights to force a married couple to live apart due to funds I just was wondering about that as many people are denied


Your particular situation is where you are from, why you are in England and whether you have the right visas!!?? As for human rights, well it depends on why you and your wife would be forced to live apart??? If you cant stay in the UK, can your wife/husband not leave with you??? 

Jo xxx


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## reynoldsgirl (Jan 19, 2012)

Basically ukba turn down a visa for a married couple with a baby and stepchildren involved in Uk due to funds, not an option to live together in other home country because the Uk based partner has 2 children who have regular contact with their father in the Uk which has been arranged by the courts meaning the Uk based partner can not move out of Uk with the children . The Uk based partner also has a young baby and unable to work full time and looks after 3 children so how could she earn enough money ? Hope you're following what I'm gettin at


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## Joanne_Manchester (Feb 18, 2011)

They are perfectly entitled to refuse if you do not meet the financial requirements...I assume that you are the sponsor and your husband is the person who you like to move in the UK?
Nothing stops you from going to leave in his country. The only time they allow people to stay under the human rights act is if you met the following criteria:

Has the applicant established family or private life in the UK?
Will refusal / removal interfere with that family life - are there insurmountable obstacles to the family enjoying family life elsewhere?
If there is interference with family life, is it in accordance with the law?
Is the interference in pursuit of one of the permissible aims set out under Article 8(2)?
Is the interference proportionate to the permissible aim?

I have taking this from the following website : Law Firm Limited. Immigration. Right of Private & Family life


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## reynoldsgirl (Jan 19, 2012)

Yes he has established a family life in my home with my stepchildren and we have a baby on the way also . He has also made strong bonds with all my extended family including my 4 nephews . I have a job here, he has no job in America , he isn't in contact with any of his family in america and doesn't have his own home as he gave his house up to come say here for few months . Him going back for any period of time would disrupt our family life and affect my children also put alot of stress on me when I'm
Pregnant. Basically we have alot of family connections here and none in America


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## jojo (Sep 20, 2007)

reynoldsgirl said:


> Yes he has established a family life in my home with my stepchildren and we have a baby on the way also . He has also made strong bonds with all my extended family including my 4 nephews . I have a job here, he has no job in America , he isn't in contact with any of his family in america and doesn't have his own home as he gave his house up to come say here for few months . Him going back for any period of time would disrupt our family life and affect my children also put alot of stress on me when I'm
> Pregnant. Basically we have alot of family connections here and none in America


I guess it depends also on the type of visa he has here. But I would have thought the easy route would be for him to get some kind of work related visa. I'm not sure that he would be granted any other sort of visa unless you and your family can porve you can financially support him - and I dont see this as a human rights issue - that tends to be more for those who are in fear of their lives if they return to their home country - but maybe go and see a specialist lawyer??

Jo xxx


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## reynoldsgirl (Jan 19, 2012)

How can it not be a human rights case !?

The human rights act says everyone has a right to family life ? We are a family so I'm not sure how it's not a human rights case 

X


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## MaidenScotland (Jun 6, 2009)

reynoldsgirl said:


> How can it not be a human rights case !?
> 
> The human rights act says everyone has a right to family life ? We are a family so I'm not sure how it's not a human rights case
> 
> X




Well it is not that simple..


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## reynoldsgirl (Jan 19, 2012)

Yeah I know , just a horrible situation to be in . Sitting waiting for someone to decide if me and my husband can even be in same country when our baby is born and knowing how heartbroken my children will be if he is made to go home


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## jojo (Sep 20, 2007)

Alot depends on the type of visa he is in the UK on now. If that has expired he will have to go back and at best fight for anything else from the US

jo xxxx


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## Bevdeforges (Nov 16, 2007)

It only becomes a human rights issue when the "usual" avenues have been tried and failed.

Like Jo and other have said - what visa is he on? what's his background? what are his job prospects? how long have you been married? how did he enter the country?

I was kicked out of France after getting married to a French national and doing exactly what the French consulate in Germany had told me to do. Normally you have to go back and demonstrate how you attempted to follow the rules and where you got fouled up. (In my case I was given bad advice by the consulate.)

If you deliberately flouted the laws, you're going to have a tough time of it. If it was an honest mistake, he may have to take a few steps back and try to come back again "correctly."
Cheers,
Bev


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## Joppa (Sep 7, 2009)

Let me clear the air by stating some salient facts about immigration control and human rights act.

The UK government has the right to decide who should be permitted to enter the country, for what purpose and for what length of time. In case of family reunion (i.e. people joining their spouses, partners and their dependants legally settled in UK), unless the case involves non-Uk EEA citizens when European law takes precedence, the government can lay down conditions under which such people can be admitted, such as sufficient maintenance (financial resources), adequate housing and durable relationship. People who are here under certain visa categories cannot switch to another category in-country (no switching rule), esp visitors to a category that eventually leads to settlement, such as spouse, unmarried partner etc. They have first return to the country of usual residence and apply there. I assume this is the situation the OP's husband is facing.

Now the UK has signed up to the European Convention on Human Rights (ECHR), which under Article 8, lays down:

_Article 8 – Right to respect for private and family life 
1. Everyone has the right to respect for his *private and family life*, his home and his correspondence.
2. There shall be *no interference by a public authority with the exercise of this right *except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others._

Now an individual who thinks their human right is violated by immigration rules and their implementation by UKBA can take it to court to prevent the family being split up. The judge will have to decide whether the action of UKBA is proportional to its public duty to control immigration, for societal, financial and other reasons. While there have been genuine, humanitarian cases, the Article 8 is being abused by failed asylum seekers and others who have no real claim to be in UK but uses the convention to prolong their stay, thus creating further burden on public services.

We don't know enough about the OP's circumstances to say whether they have a genuine claim under human rights legislation or their chance of success. Often it's easier just to take a flight home and make an early visa application, which in case of US can be approved pretty quickly, often within a week. Also bear in mind that even if you manage to get discretionary leave to remain in UK, it can take up to 6 years to attain settlement (indefinite leave to remain), instead of just 2 years under normal leave.


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## Crawford (Jan 23, 2011)

Maybe you need to explain your circumstances a little clearer.

In one post you say the UK partner is unable to work full time due to having to look after three children including new baby. 

In another the UK partner has a job but is moving to another one with better pay. 

In another post the UK partner is pregnant- not a good situation to be in with a non working US partner and three other children apparently.

...... presume the authorities turned down the spouse/partner visa because of lack of income/funds to support US partner? 

Why is this an infringment of your human rights?


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## reynoldsgirl (Jan 19, 2012)

No visa has been turned down as of yet nor has any visa even
Been applied for. I was just merely stating a few questions about human rights act not about my specific situation . I just was wondering how things like the human rights act help people in families who may not be earning an absolute fortune or have more than one sponsor available but earn enough to live comfortably and also how do people misuse the system
By demanding human rights etc !!


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## Joppa (Sep 7, 2009)

reynoldsgirl said:


> No visa has been turned down as of yet nor has any visa even
> Been applied for. I was just merely stating a few questions about human rights act not about my specific situation . I just was wondering how things like the human rights act help people in families who may not be earning an absolute fortune or have more than one sponsor available but earn enough to live comfortably and also how do people misuse the system
> By demanding human rights etc !!


You don't need to rely on human rights act to be approved for a visa. You only need to meet the conditions required, such as finance, housing and relationship. Human rights act can act as a last resort in case all your other options are denied, and you risk being deported/sent home and being separated from your family. In fact, UKBA don't like splitting families and only do it as last resort, so unless you have serious underlying problems with your application, your case should be sorted long before appeal to human rights act becomes necessary. And the court will only look at your case under human rights act if you have exhausted all your options with UKBA, including its appeals process. And you really need legal representation to argue your case effectively, as UKBA will defend its corners with its legal team.


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## baldilocks (Mar 7, 2010)

With all due respect this is quite clearly not a human rights matter. The fact that both persons involved have entered into an arrangement without having their eyes fully open as to the consequences of their actions does not constitute a human rights infringement. One might say that it was an irresponsible act that they are now trying to misuse the law to gain advantage. It is rather in the same vein as marriages of convenience.


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## reynoldsgirl (Jan 19, 2012)

Erm in what way would it be a marriage of convenience ? Two people meet fall in love get married and have a baby !! That's pretty normal stuff if you ask me only difference is they have to apply for visas to live together unlike 'normal' people. The fact that in this situation the couple are waiting for someone from ukba to decide if they can live together and bring up their child together is the problem. 

So tell me this then , should the couple have chose to not fall in love ? Walked away from each other because to be together is a lot more complicated than the majority of relationships? 

It is our rights as human beings to have a family if we choose to, to be gay if we choose too, to be Muslim if we choose too, to marry someone from another country if we choose to !! It's a human right hence the reason the human rights act exists to protect couples and families. Bigoted people who wish to keep England English and all that jazz are people like the last person to comment. 

The couple in this scenario have every right to be together here or in america. You need to wake up and smell the coffee cos nobody has done anything not by the books nor has anyone got a plan to misuse the system !


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## reynoldsgirl (Jan 19, 2012)

Oh and looking at your photo you're in a happy relationship !! Was you faced with this kind of situation too ?


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## jojo (Sep 20, 2007)

reynoldsgirl said:


> Erm in what way would it be a marriage of convenience ? Two people meet fall in love get married and have a baby !! That's pretty normal stuff if you ask me only difference is they have to apply for visas to live together unlike 'normal' people. The fact that in this situation the couple are waiting for someone from ukba to decide if they can live together and bring up their child together is the problem.
> 
> So tell me this then , should the couple have chose to not fall in love ? Walked away from each other because to be together is a lot more complicated than the majority of relationships?
> 
> ...


You need to look at things logically. First of all what visa was it that enabled you to meet and fall in love in the first place? surely if you are now married then that can be extended in someway - if this was done legally, with the correct premissions in place then surely its been proven that your husband (assuming you are the british wife) should be able to provide for his family or that his family can provide for him without being a drain on the social security system, so therefore none of this should be a problem. So technically, you have your human rights - you prove that you are a good self sufficient family and no one will object ans your husband gets his visa. In a way its your lack of funds thats dictating your problem, not a breach of your human rights

So try getting the correct visas and permissions, that way it shouldnt be a problem. Should it be refused then you need to address the reasons why and if they are unreasonable reasons then you can look to taking it to the human rights level

jo xxx


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## reynoldsgirl (Jan 19, 2012)

Sorry I never came back and replied to this . Just thought I would let you know he was granted DLR. I had enough money to support him but they gave him permission to work so worked out well for us x


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## fergie (Oct 4, 2010)

In this case you have got what you wanted, but being rude to some other posters who replied was not called for, I hope for the sake of indigenous UK people that your husband does not become yet another drain on the UK resources and tax payer.There is not enough jobs for all those who like to come to UK for the benefits.Next time you can't get an appointment at the Drs, or wait a long time for a hospital appointment, or your children don't reach potential at school, ask yourself why?
I hope for your sake your relationship works out, many non EEU people want to come to the UK, and once they are there with settlement,will often dump their partner, by divorce,and find greener easier pastures, with less baggage.


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## reynoldsgirl (Jan 19, 2012)

I've been with my husband for almost 5 years and married for 2.5 years we have a family and he actually doesn't even like this country he's here because he loves me and we have a family.


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## reynoldsgirl (Jan 19, 2012)

And might I add I'm 36 years old and have worked since the week I turned 16 and my husband got a job within 2 weeks of getting his visa almost 2 years ago.


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## nyclon (Apr 3, 2011)

It's my 1st day on the job. Please keep it civil.


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## reynoldsgirl (Jan 19, 2012)

I apologise but that person is rude and I won't just ignore rude comments especially when he's telling me wrong I was for being rude 😂 not gonna lose any sleep I got what I wanted remember 😂 night all


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## AnAmericanInScotland (Feb 8, 2012)

nyclon said:


> It's my 1st day on the job. Please keep it civil.


Congrats on becoming a mod!


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## Crawford (Jan 23, 2011)

nyclon said:


> It's my 1st day on the job. Please keep it civil.


Congratulations on becoming a MOD ........


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## Whatshouldwedo (Sep 29, 2013)

Congratulations Nyclon! It is hard to believe you were not a MOD all along!


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## reynoldsgirl (Jan 19, 2012)

So what visa do you have now ?


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## reynoldsgirl (Jan 19, 2012)

Admin can someone remove this thread please as I feel
It's constantly being used to attack me


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