Jurisdiction(s):
United Kingdom

Article 8 ECHR in UK immigration: practical guidance on private and family life, entry clearance, proportionality, sections 117B–117C factors, children’s best interests and mixed claims

Published by a LexisNexis Immigration expert

Practice notes

Article 8 of the European Convention on Human Rights 1950 (ECHR)—given effect in domestic law by section 1 of the Human Rights Act 1998 (HRA 1998)—guarantees respect for private and family life. Immigration practitioners must recognise when a client may invoke Article 8 and evaluate the likely prospects of success. This Practice Note sets out the principal practical considerations for immigration practitioners advancing arguments under Article 8 ECHR, including what Article 8 covers and protects, the applicable standard of proof, and how Article 8 is applied to different kinds of application, such as to entry clearance applications, or claims that involve children. This Practice Note does not address pre-2012 Article 8 claims; however, case law that predates the 2012 rules is identified and referred to where it remains relevant and continues to have continuing significance...

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Web page updated on 21/05/2026

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