UK Immigration Article 8 ECHR Claims: Evidence, Applications Within/Outside the Rules, Fee Waivers, Procedural Flexibility, Deportation, Fresh Claims and Appeal Rights
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Practice notes
Article 8 of the European Convention on Human Rights 1950 (ECHR), brought into UK law by section 1 of the Human Rights Act 1998 (HRA 1998), sets out the right to respect for private and family life in the UK. Every immigration practitioner should be able to describe the steps for pursuing an Article 8 claim, together with the linked issue of the likely prospects of success. This Practice Note details the process for making an immigration Article 8 claim, including when an application form is required and when it is not required, and the options available where an application is refused.
What evidence to submit with an Article 8 claim
This Practice Note should be read alongside practical guidance on specific application routes. It is important that Home Office decision-makers assessing Article 8 claims have up to date evidence before them when they make a decision. New evidence can be submitted when an Article 8 claim is first submitted, while a claim is pending or during an appeal. In general a tribunal can consider any evidence in an Article 8 appeal and will consider circumstances as they are at the date of hearing. However advisers should be aware that...
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Web page updated on 27/05/2026
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