Article 8(1) states that “Everyone has the right to respect for his private and family life, his home and his correspondence.” This is subject to some limitations under Article 8(2).
Thus, there are two ways in which an individual’s Article 8 rights can be breached. The first and most common breach is domestically where there is a breach to private and/or family life in or by the UK. This could occur for example where the individual claims that refusal to grant him/her Leave to Remain in the UK would mean s/he would be separated from his/her family. The second type of breach is where there is a breach of the individual’s Article 8 rights by the receiving country. For example, it may be that the individual would be unable to openly practice his/her sexuality in the receiving country because of societal prejudice and/or legislation banning the type of sexuality.
We can assess your case and advise you whether your case falls within Article 8 ECHR. You can call, email or even skype us! Get your free initial assessment now, even if you are unsure of which category you may be eligible to apply for. We are waiting for you to help you.