Legal Update for Asylum and Humanitarian Protection Cases: Changes to the Immigration Rules to facilitate the agreement with Rwanda

A new statement of changes to the Immigration Rules (HC17) has been published by the Home Office. These changes have been made with a view to facilitating the agreement with Rwanda to send refugees to their country. Our Immigration Team has been consulted by numerous clients to alleviate this confusion. This article highlights some of those concerns and provides answers to common problems so that you can get ahead of the matter hassle-free.

What Changes Does the HC17 Statement Make?

The agreement between Rwanda and the UK government has led to major changes that will affect asylum-seekers going to Rwanda. Asylum-seekers applying to become refugees will now be doing so based on their country of origin, not their country of return. This means that the UK government does not need to prove an asylum-seeker is a refugee in order to send them to Rwanda. The government has said that these changes should speed up the removal of asylum-seekers from the UK. Some of these changes came into force on 11 May 2022, while others will on 28 June 2022.

Does This Affect Me?

Another critical change has been to the way asylum-seekers are seen by the UK government. Refugees applying without permission from the UK will not have the same rights as refugees who apply with permission. Asylum-seekers without permission will only be able to stay in the UK for a minimum of 30 months, compared to the 5 years they would receive if they had arrived in the UK with permission.

For asylum-seekers wanting to benefit from the settlement protection route, it is critical that applications are made before 28 June 2022. Our Immigration Team of barristers and solicitors routinely deal with cases of asylum and can assist you from start to finish so that you can make use of the settlement protection route  promptly, before these changes come into effect. 

What About My Family?

Some good news comes from changes to the family reunion rules. Asylum-seekers in the UK without permission would not usually be allowed to bring their families with them. However, if it can be shown that it would be essentially impossible to live apart, and refusing the family reunion application would breach the applicant’s human rights, an exception to the rule would be made. There is also an exception for children under 18 wanting to join their relatives in the UK. This applies when the sponsor could not support them without money from the government. This means that some applications for family reunion which would not have been considered, will now fall within the rules and be considered.

How Can I Apply For Asylum?

It is of the utmost importance to note that asylum-seekers who have made inadmissible claims (claims that are completely untrue) will now be sent to Rwanda by the UK government. If your claim is rejected and you have to go to appeal, your credibility will be seriously harmed, making it very difficult to make further claims. This is why it is so important to use a solicitor to assist you with your application. Having the right guidance, right from the start, will give you the best possible chance at making a successful claim. Our highly-qualified Immigration Team ensures that you are able to make use of the changes in complex immigration rules and regulation, before they can even come into effect, to get the best result. 

Successful Asylum and Human Rights Applications

The key ingredient to success is having the right support. Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. They are in it with you, from start to finish and will manage the entire process on your behalf.

We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules.

We 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. LEXVISA and LEXLAW are just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is integral to success. 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 develop a timely strategy for your successful application.

Contact our London immigration solicitors on 02030110276 or complete our contact form.

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