The Act gives effect to the human rights set out in the European Convention on Human Rights. Article 3 - the right not to be tortured or treated in an inhuman or degrading way is one of the rights protected by the Human Rights Act.
Article 8 is a qualified right, which means that it can be interfered with by a public authority, such as the Home Office, in certain circumstances. ... However, a public authority may only interfere with a person's right to respect for private and family life if the interference is proportionate.
The applicants fear that they will face inhuman treatment by not having enough food and security if they were to return back to Sri Lanka. The applicants fear that they will be exposed to:
1. Malnutrition and dehydration, and
2. A country where there is a real risk of torture, inhuman or degrading treatment.
The Home Office policy document entitled Leave outside the Immigration Rules guidance, Version 1.0, dated 27 February 2018 provides:
“Guidance for decision makers considering leave outside the Immigration Rules, on the basis of compelling compassionate grounds (grounds that are not related to family and private life, medical or protection matters
“In all family and private life cases, the decision maker will consider whether the Immigration Rules are otherwise met and if not, will go on to consider whether there are exceptional circumstances which would render refusal a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. Each application is considered on its merits and on a case-by-case basis taking into account the individual circumstances.
LOTR on compelling compassionate grounds may be granted where the decision maker decides that the specific circumstances of the case includes exceptional circumstances. These circumstances will mean that a refusal would result in unjustifiably harsh consequences for the applicant or their family, but which do not render refusal a breach of ECHR Article 8, Article 3, refugee convention or other obligations.
“The period of LOTR granted should be of a duration that is suitable to accommodate or overcome the compassionate compelling grounds raised and no more than necessary based on the individual facts of a case. Most successful applicants would require leave for a specific, often short, one-off period. Indefinite leave to enter or remain can be granted outside the rules where the grounds are so exceptional that they warrant it. Such cases are likely to be extremely rare. The length of leave will depend on the circumstances of the case. Applicants who are granted LOTR are not considered to be on a route to settlement (indefinite leave to remain) unless leave is granted in a specific concessionary route to settlement
“The refusal of the visa has resulted in the Appellant’s private life prejudiced in a manner sufficiently serious as to amount to a breach of fundamental rights protected by Article 8. Under the European Convention on Human Rights, the Appellant has the right to private life; he cannot be denied this right as he has every right to enjoy his private life in the United Kingdom”.
“The Respondent is required to exercise its discretion under the principle of proportionality as Human Rights Act breaches are involved. In general terms, the concept of proportionality requires a balancing exercise between, on the one hand, the general interests of the community and the legitimate aims of the state and, on the other, the protection of the individual's rights and interests. The relevant rights are the rights to a private and/or family life under Article 8 of the European Convention on Human Rights as enacted in English law under the Human Rights Act 1998 (“HRA”).
There is interference in the Appellant’s private life. In the premises, the Respondent is acting unlawfully. Further or alternatively, the Respondent’s discretion should have been exercised differently. Further or alternatively, the Respondent has failed to make any or adequate enquirers which could lead it to conduct a test of proportionality in relation to the Appellant’s Article 8 rights.”
Under the case Law and Article 8 rights, as per Syed and Patel [2011] EWCA Civ. 1059 at [35]:
In exercising her powers, whether within or outside the rules of practice, the Secretary of State must have regard and give effect to applicants’ convention rights ….The immigrant’s Article 8 rights will be (must be) protected by the Secretary of State and the court, whether or not that is done through the medium of the Immigration Rules.
It is submitted that the applicants applications are considered under the exceptional circumstances and the applications are allowed by using your discretionary powers in favor of the applicants, due to the serious hardships the applicants may be facing upon their return to their Home Country. You are also requested to consider Article 3 and Article 8 of Human Rights.
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List Of Documents for UK Spouse Visa --Employed Sponsor/Applicant
Free Spouse Visa Checklist
Please find below the list of documents you will need to enclose with your application at Visa Centre whilst submitting your application:
1. Completed and signed (if required) Application forms 2 x Copies: please sign before submitting your application.
2. Proof of Relationship with your Sponsor __
1) Wedding photographs,
2) Marriage Certificate, (English translated)
3) Proof of living together (if living together) Otherwise, Contact proof (What's app messages (screenshots of every months at least 4 sheets, skype messages, or/and phone call records), and
4) If married previously (valid divorce certificate of applicant and sponsor, whoever was married before),
5) With children you will need to enclose birth certificates of your dependent and adult children.
3. Proof of Accommodation (from British National Spouse) __
1) Accommodation report,
2) Tenancy Agreement or Title Deed if owned, and Mortgage statement,
3) ~Third Party Accommodation (Their passport copy and the consent letter from a third party if the accommodation belongs to a friend/family), and
4) Bills at that address.
4. Proof of Income from Employment:
1) Income requirement is minimum £18,600.00 gross annual income,
2) Payslips of the last complete 6 nmonths, if employer has been changed then payslips for 12 months, they must be in English Language.
3) Bank statements for the last 12 months showing the same salary coming into the account, mark a circle around the salary figure of every month,
4) Letter from your employer confirming your job position and gross wages of one year, or from all employers if they are more than one in the last 12 months,
5) Importantly, a job offer letter from the UK employer with the same terms of £18,600 minimum gross salary, and job position and hours of work, if your British sponsor is living with you and relying on income from your home country.
5. Other important Documents:
a. Appointment letter with date and time,
b. Checklist sheet of documents,
c. Original Passport for (the Applicant),
d. Copy passport for British Spouse,
e. Payment sheet with the Bar Code confirmation of VISA fee payment.
7. English language certificate,
CEFR A1 level in speaking and listening (Trinty College Requirements), Or
Preferably IELTS 4.5 Band (However 4 Band will be acceptable) from British Council, Or
Exempted if over 65 years old applicant.
8. TB Test certificate obtained from the approved UKVI institution.
[All the documents must be translated in English if they are not in English laguage as well as the original documents must be enclosed with the application. You must keep the copies of important documents for your own record].
All the documents must be within 28 days of the application, except some documents such as Matrriage certificate, Divorce certificate, English language.
Office Address:
Lincoln Law Chambers
258 Woodlands Road
Manchester
M8 0GB
London Office Address
90 St Paul Street
London
EC2A 4NE
United Kingdom
