This route is for individuals or families who are at the risk of persecution at their home country and are unable to return back from the UK. Refugee protection can be claimed by applying for asylum either at the port of entry or after entering the UK. The right to protection under this route is based on the 1951 Refugee Convention and upholds UK’s International obligations in refugee protection.
Asylum Eligibility Requirements
In order to qualify for Asylum or Refugee protection, the applicant must satisfy the below requirements:
Asylum Process, Conditions of Leave & Settlement
The process starts with applicants claiming asylum either at the port of entry by informing the Border Force Officer or after entering the UK by calling the Home Office to book an appointment at the Asylum Screening Unit. This is then followed by a Screening Interview and biometric data capture. There may also be an interview under caution, if the screening officer has reason to believe that claimant was an illegal entrant. The next process will be a substantive interview under which all the details about the claim will be discussed in more depth. The Home Office guidance states that the asylum claim will be then determined within 6 months of the date the claim was originally raised, but not really the case in practice all the time. The claimant will generally be granted five years refugee status, if the claim is accepted. The applicants, once granted asylum are allowed to live, work and study in the UK, and access public funds. Upon completing 5 years under this leave, the refugee migrant is able to apply for settlement in the UK, if they meet all other requirements. If the asylum claim is refused, the Home Office may also consider the claim for humanitarian protection.
The fresh claim procedure allows refugee migrants to submit a claim further to an asylum refusal if there is significantly different material that has not been considered already and if taken into account together with the material that has already been considered, there is a realistic prospect of success. The Home Office will consider whether the new material amounts to a ‘fresh claim’ first, before making a decision on the asylum claim. Our team of experienced lawyers can assist you in drafting fresh claim submission on claimant’s behalf.
How can we assist?
Our Immigration Lawyers at City Legal are highly experienced in complex asylum procedures and can advise claimants on collating necessary evidence, conduct country-specific research and prepare detailed legal submissions in support of the claim. We can assist in instructing an expert to provide independent, country-specific evidence on the risks you are likely to face in your country of origin or other relevant aspects of your claim. We understand that this can be a difficult and stressful experience. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions
Refusal of an asylum claim carries a right of appeal to the First Tier Tribunal. The time limit for lodging an appeal is 14 days from the date of the decision. If there has been a material change in applicant’s circumstances, which has not been considered belore, it is possible to make a fresh claim application.
The eligibility for legal aid depends on an individual’s circumstances and applicants may check their eligibility here. Most asylum claims and appeals come under the scope of legal aid. We are a private fee paying firm and do not undertake legal aid work. The list of legal aid providers can be seen here.
The dependant family members like spouse, partner or children under the age of 18 years may apply to join the refugee migrant who has been granted asylum in the UK. The family members can apply under family reunion if they were part of the family before the refugee migrant left the home country or under spouse visa route, if the relationship formed later.
The applicants are not normally allowed to work while waiting for a decision on the asylum claim unless permission already existed as part of another leave from before. The applicants may however request the home office for permission to work, if no decision has been made on the claim for 12 months or more.
The applicants may contact asylum helpline and should be able to get housing and money to support themselves and family whilst waiting for their claim to be determined.The support may include education for children at a free state school and use of National Health Services.