Human Rights are defined under the Human Rights Act 1998. An application made under the Human Rights Act is called the discretionary leave application.

If you have established the family and private life in the United Kingdom then the secretary of state is under an obligation to consider your human rights.

Human rights are considered under paragraph 276 ADE of the Immigration Rules or if the applicant is capable to provide evidence of compelling, compassionate or exceptional circumstances.

The application under the Human Rights can be made if the person can satisfy the following criteria such as:

a) Applicant must have resided continuously 20 years in the UK

b) Applicant must be under the age of 18 years and have resided continuously in the UK for at least 7 years, or

c) Applicant must be aged 18 years or above but less than 25 years and have spent at least half of their life residing continuously in the UK, or

d) Applicant must be aged 18 years and have resided continuously in the UK for less than 20 years and have no social, family or cultural ties with their country of origin.