This route is intended for individuals or families who face persecution in their home country and are unable to return from the United Kingdom. Refugee protection can be claimed either at the port of entry or after entering the United Kingdom. The right to protection under this route is based on the 1951 Refugee Convention and complies with the United Kingdom’s international obligations in the field of refugee protection.
REQUIREMENTS FOR ASYLUM
To be eligible for Asylum or Refugee protection, an applicant must meet the following criteria:
- Must not be present in the country of origin or normal residence if stateless;
- Fear persecution on the basis of race, religion, nationality, political opinion, or membership in a particular social group;
- Incapable or unwilling to obtain protection from domestic authorities;
- Internal relocation to a safer location within the home country is not possible;
- There are no prior ties to any other safe country that could have provided protection prior to the UK.
ASYLUM PROCEDURES, LEAVE CONDITIONS, AND SETTLEMENT
The process begins with applicants claiming asylum at the port of entry by notifying the Border Force Officer or after entering the UK by contacting the Home Office to schedule an appointment with the Asylum Screening Unit. This is followed by a Screening Interview and the collection of biometric data. Additionally, an interview under caution may be conducted if the screening officer has reason to believe the claimant entered the country illegally.
The following step will be a substantive interview during which all aspects of the claim will be discussed in greater detail. The Home Office guidance states that the asylum claim will be resolved within six months of the date the claim was initially lodged, but this is not always the case in practise. If the claim is accepted, the claimant will generally be granted five years of refugee status. Once granted asylum, applicants are permitted to live, work, and study in the United Kingdom, as well as access public funds. After five years on this leave, the refugee migrant may apply for settlement in the UK if all other requirements are met. If an asylum claim is denied, the Home Office may also consider a humanitarian protection claim.
NEW CLAIMS
The fresh claim procedure enables refugee migrants to submit a claim following an asylum refusal if there is material that is significantly different from what has been considered previously and, when combined with the material that has been considered previously, there is a realistic prospect of success. Before making a decision on the asylum claim, the Home Office will determine whether the new material constitutes a ‘new claim.’ Our team of seasoned attorneys can assist you in drafting a new claim submission on behalf of the claimant.
HOW CAN WE BE OF ASSISTANCE?
Our Immigration Solicitors have extensive experience with complex asylum procedures and can assist claimants in gathering required evidence, conducting country-specific research, and preparing detailed legal submissions in support of their claim. An expert can be hired to provide evidence about the risks you face in your country of origin or other relevant aspects of your claim. If you’re feeling overwhelmed, please know that we’re here for you.
QUESTION AND ANSWER
Q: WHAT IF MY ASYLUM CLAIM IS DENIED?
A: Appeals to the First Tier Tribunal are available for asylum refusals. An appeal must be filed within 14 days of the decision. A new claim can be made if there has been a material change in the applicant’s circumstances.
Q: CAN I GET LEGAL AID TO FILE FOR ASYLUM?
A: Applicants can check their eligibility for legal aid here. Most asylum claims and appeals qualify for legal aid. We are a for-profit firm and do not accept legal aid cases. Here is a list of legal aid providers.
Q: CAN MY FAMILY JOIN A REFUGEE?
A:Spouse, partner, or children under the age of 18 may apply to join a refugee migrant granted asylum in the UK. Family members can apply for a spouse visa or a family reunion visa if they were part of the family before the refugee migrant left.
Q: CAN I WORK IN THE UK WHILE MY ASYLUM APPLICATION IS PROCESSED?
A: Normally, applicants are not allowed to work while awaiting an asylum decision unless they already had permission under another leave. If the claim has been pending for 12 months or more, the applicants may ask the Home Office for permission to work.
Q: CAN I GET HELP WHILE I WAIT FOR MY ASYLUM CLAIM TO BE DECIDED?
A:The applicants should be able to get housing and money to support themselves and their families while their claims are being processed. Support may include free public school education and access to National Health Services.