Article 8 of the European Convention on Human Rights (ECHR), incorporated into UK law through the Human Rights Act, protects your right to family life. This includes close relationships with spouses, civil partners, long-term partners, and children under 18.
The definition of family for Article 8 extends beyond immediate relatives in certain situations. While bonds of love and affection are important, strong evidence of a committed relationship similar to marriage or civil partnership (for unmarried partners) for at least two years is typically required. Home Office guidance clarifies that cohabitation isn’t the sole factor for unmarried couples.
Article 8 also protects your private life. This encompasses a broad range of activities that shape your identity and development, including:
- Work and studies
- Relationships with friends and neighbors
- Community involvement
- Long-term medical treatment
The courts have interpreted “private life” generously, recognizing its importance in shaping who you are.
While Article 8 protects family and private life, it’s important to understand its boundaries.
- Simply living in the UK doesn’t qualify as private life under this legal interpretation.
- The definition of “family” for Article 8 purposes is narrower than you might expect. The Home Office considers only spouses, civil partners, parents/carers, and children under 18 as immediate family.
- Courts, however, often take a more nuanced approach, evaluating each case individually based on evidence of a strong and long-term relationship (beyond just love and affection) for unmarried partners and other relatives.
Human rights application fees vary depending on several factors:
- Type of application: Fees differ based on the specific human rights claim you’re making.
- Location: Fees can be different for applications submitted inside or outside the UK.
- Number of dependants: Including dependants in your application might affect the fee.