It is possible for individuals to seek protection in another country which is not their own if there is a genuine fear that they will be persecuted in their home country. Persecution may be on the basis of race, religion, nationality, political opinion or social or cultural factors including gender and sexual orientation or being a member of a particular social group. An Asylum Claim can be made in accordance with the UK’s obligations under the United Nations Refugee Convention 1951 and the European Convention on Human Rights (“ECHR”). LEXVISA specialises in Asylum Claims and is happy to schedule a meeting with our Immigration Solicitor to discuss the merits of your case in more detail.
What is a UK Asylum Claim?
Applicants should make their Asylum Claim when they arrive in the UK or as soon as they think it would be unsafe for them to return to their home country. Applications are more likely to be denied the longer the Applicant delays making a claim. The process of claiming Asylum in the UK is often criticised for being lengthy and complex and those who are seeking Asylum will be faced with having to answer hundreds of questions during the Asylum interview. It may be possible to get ‘Asylum Support’ whilst an Asylum Claim is being considered. This is only available from the Screening Interview. There is no right to work whilst a Claim is being considered, however, if a Claim is pending for over a year then Applicants can request for permission to work; however, this is not guaranteed.
Last year the Guardian reported that the Home Office has abandoned its 6-month target for making Asylum Claim decisions. At the time the Home Office said that “We have moved away from the six-month service standard to concentrate on cases with acute vulnerability and those in receipt of the greatest level of support, including unaccompanied asylum-seeking children (UASC)”. From our experience, Applicants are currently facing lengthy delays with regard to processing times for Asylum Claims, which only serves to cause Applicants further stress and anxiety at an already traumatic time.
Successful Applicants will usually be granted a visa for 5 years, after which they can apply for indefinite leave to remain if all of the relevant requirements can be met.
What do I have to show to claim Asylum in the UK?
Applicants must demonstrate the following in order to make a successful Asylum Claim:
- Applicants must be able to demonstrate that there is a genuine, well-founded fear of persecution in their home country;
- Applicants must demonstrate that they are unable to get protection from the authorities in their home country; and
- Applicants must demonstrate that internal relocation is not possible.
It is extremely important for Asylum Seekers to be credible and the burden of proof lies with the Applicant to prove this.
The UK’s Immigration system is notoriously complex and harsh, and it is no different for those coming to the UK to seek refuge and safety from their home countries where there is a well-founded fear of persecution. According to the Refugee Council, only 48% of decisions made between September 2018 and September 2019 resulted in Asylum or other forms of protection being granted. It is therefore important to seek legal advice from LEXVISA’s specialist Asylum team in order to guide Applicants through the process and ensure their claim and supporting evidence is as credible and strong as possible.
What happens if my Asylum Claim is unsuccessful?
If Asylum or Humanitarian Protection is not granted, the Home Office may exercise discretion and grant leave to remain on the basis of Article 8 Family and Private Life or Restricted Leave.
It is also possible to be given a right of appeal against a totally unsuccessful Asylum Claim. Applicants can have their case heard before an independent Judge at the First Tier Tribunal if they believe that the Home Office made an error in refusing the Asylum Claim. If the Asylum appeal is successful, appealing a negative Home Office decision can be beneficial to Applicants as not only will they be granted their leave in the UK, but they will also erase any adverse immigration history that that refusal would have given them. Therefore this will not have a negative impact on any future UK Visas and Immigration applications.
Using Legal Representation to make a UK Asylum Claim
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to claim Asylum in the UK.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully make a UK Asylum Claim
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Asylum Claim before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your Asylum Claim and ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.