Asylum is a legal protection granted to foreign nationals who fear persecution in their country of origin. Asylum law can be complex, therefore it is best that you get legal advice from the outset. Having one of our experienced immigration lawyers on your side will dramatically increase your chances of a successful asylum application. Please contact our immigration team to arrange an initial consultation to discuss the merits of your asylum case.
Who can apply for asylum?
If you are afraid of returning home and want to make an asylum claim to remain in the UK, you should immediately inform the border officer upon arrival, or as soon as reasonably practicable. Asylum cannot be claimed from overseas.
To be eligible for asylum, you must satisfy the definition of a refugee as set out in the 1951 Geneva Convention; which requires you to have left your home country and be unable to go back due to a and future risk of prosecution. The fear of persecution must be well-founded and for one of the following five reasons: political opinion, race, religion, nationality or membership of a social group. Note that ‘membership of a particular social group or political opinion’ can also include factors such as gender, gender identity or sexual orientation.
If the claimant cannot show the cause of the persecution comes within one of these Convention reasons, their asylum claim will fail. However, meeting these conditions does not automatically mean that you will be granted asylum in the UK, especially if there no longer appears to be a risk of persecution.
The UK also adheres to the European Convention on Human Rights. If you fail to qualify as a refugee under the Convention, you may be able to qualify for humanitarian protection. You must satisfy the Home Office that there are substantial grounds for believing you would face a real risk of serious harm if you were to return to your country of origin.
What is the screening process for asylum?
Once you have claimed asylum, you will have a ‘screening interview’. This is a short administrative interview where your details are taken and a brief basis for the asylum claim is established. Immigration officers will assess whether you have made any previous asylum claims and provide you with a reference number.
The next stage after the screening process is the asylum interview, where you will be asked to explain in detail how you have been persecuted in your home country and why you are afraid to go back.
What happens after the asylum interview?
A caseworker will consider your account from the interview of why you need protection and any supporting evidence you have to offer in order to decide whether you meet the criteria for granting asylum under the 1951 Geneva Convention. If successful, Applicants will be granted 5 years leave to remain, after which they may be eligible for indefinite leave to remain.
If unsuccessful, you may be given a right of appeal and can argue your case further in front of an independent judge at the First-Tier Tribunal. If the decision is certified, however, then you will be required to leave the UK before submitting an appeal.
Using our Immigration Solicitors in London to claim asylum in the UK
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 asylum case meets the Immigration Rules.
Successful asylum claims in the UK with our Immigration Solicitors in London
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 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 02030110276 or complete our contact form