London: Everyone in the UK has the right to respect for their family life under Article 8 of the European Convention on Human Rights. But as a migrant from outside the European Economic Area, what do you actually need in order to be able to stay in the UK on the basis of your family life? Basic ingredients of an Article 8 case: First, you need a family member who is a British citizen, or settled in the UK or who has refugee status / humanitarian protection. This post will focus on family members of British citizens. That British family member generally needs to be a partner or a child under the age of 18. Family life is only recognised between other family members, such as a parent and an adult child or between adult siblings, if there are more than normal emotional ties.
You could be forgiven for assuming that is all you need. You have family in the UK, so requiring you to leave the UK would breach your Article 8 right to family life. It’s not so simple. You also need to show that you could not enjoy your family life elsewhere. There is no right to enjoy your family life in the UK. Your British partner or child may well wish to stay in the UK and, as citizens, they are entitled to do so. However, in order for you to stay in the UK with them, you need to show you could not live as a family elsewhere.
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