Excellum Legal Solicitors

Immigration & Asylum | Immigration Appeals | Detention And Deportaion | Judicial Review | Administrative Removal | Personal Injury Claims | Medical Negligence Claims | Debt Recovery | Commercial Litigation | Wills & Probate | Lease Drafting Services | Landlord & Tenant Disputes

ASYLUM

At Excellum Legal Solicitors, we strive to provide comprehensive guidance and legal advice to those dealing with difficult circumstances. We ensure the underprivileged have access to the necessary resources concerning their Asylum Applications.

Overview

Individuals who are experiencing persecution in their respective countries can apply for refuge in the UK. These applications, pertaining to asylum and humanitarian protection are known as ‘International Protection’.

Eligibility

To stay in the UK as a refugee you must be unable to live safely in any part of your own country because you fear persecution there.

If you’re stateless, your own country is the country you usually live in.

This persecution must be because of:

  • your race
  • your religion
  • your nationality
  • your political opinion
  • anything else that puts you at risk because of the social, cultural, religious or political situation in your country, for example, your gender, gender identity or sexual orientation

You must have failed to get protection from authorities in your own country.

Your claim might not be considered if you:

  • are from anEU country
  • travelled to the UK through a ‘safe third country’
  • have a connection to a safe third country where you could claim asylum

Generally, a safe third country is one that:

  • you’re not a citizen of
  • you would not be harmed in
  • would not send you on to another country where you would be harmed

You can include your partner and your children under 18 as ‘dependants’ in your application if they’re with you in the UK.

If your application is successful, any dependants named on it can usually stay for the same amount of time as you. They will not get refugee status unless they make their own claim for asylum.

Refugee status means someone is protected by the Refugee Convention. They can, for example, apply for family reunion oapply for a refugee integration loan.

You’ll be told after your screening what you must do while you’re waiting for your asylum decision, for example report to a caseworker regularly (known as ‘reporting meetings’).

You must tell the authorities if your situation changes.

You will not usually be allowed to work while your asylum claim is being considered.

You’ll need documents for yourself and your dependants (partner and children under 18) for your asylum screening.

Documents you should bring (if you have them) include:

  • passports and travel documents
  • identification documents, for example identity cards, birth and marriage certificates or school records
  • anything you think will help your application

If you’re already in the UK, you and your dependants must bring documents that prove your UK address.

You’ll need different documents depending on whether you’re living in your own accommodation or staying with someone else.

Living in your own accommodation

You’ll need to provide documents showing your full name and address. This could be a:

  • bank statement
  • housing benefit book
  • council tax notice
  • tenancy agreement
  • household bill

Staying with someone else

You’ll need to provide:

  • a recent letter (less than 3 months old) from the person you’re staying with to confirm you have their permission to stay
  • documents showing the full name and address of the person you’re staying with, like a council tax notice, tenancy agreement or household bill

You register your asylum claim at a ‘screening’. This is a meeting with an immigration officer where you tell them about your case.

You’ll have your screening at the UK border if you claim asylum as soon as you arrive. You can also be screened once you’re in the UK if you become eligible for asylum.

At your screening you’ll:

  • be photographed
  • have your fingerprints taken
  • have an interview to check who you are and where you’re from

You’ll be asked why you want asylum. You can bring written evidence to support your claim if you want, as well as any other documents you need.

You’ll need to say if you or your dependants are taking any medication and give any relevant

medical information.

You can ask for a male or female interviewer, but your choice might not always be available.

You must tell a Border Force officer that you want to claim asylum.

Your application will be registered and you’ll be screened – ask for an interpreter if you need one.

You must call the asylum intake unit if you’re already in the UK.

They’ll call you back and ask simple questions about you and your family. You will not be asked why you’re claiming asylum during this telephone call.

You’ll be asked if you need help with housing. You might also be asked questions relating to coronavirus (COVID-19).

The call may take up to 30 minutes.

Telephone: 0300 123 4193
Monday to Thursday, 9am to 4:45pm 
Friday, 9am to 4:30pm 
Find out about call charges

You do not need to make an appointment if you have nowhere to live – call the asylum intake unit to find out what asylum registration location you should go to and its opening hours.

Tell the asylum intake unit if you need any other dependants on your claim to be present at any stage of your asylum registration, for example the welfare interview, or if you’re a child and need to be accompanied. You can ask to have an interpreter at your screening.

Your appointment might be in a temporary location.

Attending your appointment

Because of coronavirus, attend your appointment alone or with any dependants claiming asylum with you.

If you’re helping a child register their own asylum claim, only you can go with them to their appointment.

You must bring the documents you need for your application.

You must also bring any dependants (partner and children under 18) who are claiming asylum with you.

If you show up without an appointment, you may be asked to come back another day.

You cannot get financial help for travel to or from the asylum intake unit.

Tell the appointment service if your situation changes before your appointment date, for example if you can no longer stay where you are living.

5. After your screening

After your screening, the Home Office will review your case and decide whether it can be considered in the UK.

You’ll be sent an asylum registration card (ARC) to your UK address, unless you’ve been detained.

If the Home Office cannot send you an ARC immediately, they’ll send you an appointment letter telling you what to do next.

You might also be sent a ‘preliminary information questionnaire’. If you get one, fill it in and return it by the deadline – the address and deadline are written on the letter that comes with the questionnaire. If you cannot fill it in, call the Home Office asylum team. Their phone number is on the letter.

If your case can be considered in the UK, it will be given to a caseworker.

You’ll have an asylum interview with your caseworker. They’ll make a decision about your application.

They’ll also explain the asylum process and tell you what to do while you wait for an asylum decision, such as go to regular reporting meetings.

The ARC shows you’ve applied for asylum. You can use it to:

  • show who you are
  • show whether you have permission to work
  • get health or education services

You must take your ARC with you when you go to your reporting meetings.

If you do not have your ARC

Contact the Home Office using the online form if you have any problems – for example:

  • you’ve not got your ARC through the post
  • you’ve lost it
  • it’s been stolen
  • it’s expired

You’ll be asked to give your Home Office or port reference number, and your ARC reference (if you know it).

You may be detained at an immigration removal centre while you wait for a decision on your application.

You’ll either be:

  • released if you get permission to stay in the UK
  • held until you’re removed from the UK if you do not get permission to stay

You can also be detained and removed if it’s decided that another country is responsible for offering you asylum.

You may be able to appeal against the decision.

When you will not be detained

You will not usually be detained if:

  • you’re a child
  • you’re elderly
  • you’re a family with children
  • you’re pregnant
  • you’re accepted as being a victim of trafficking
  • you’re able to provide independent evidence of torture
  • you have a mental or physical condition that cannot be managed or would present a risk to others in an immigration removal centre

Your asylum interview will take place soon after your screening.

You’ll get a letter telling you when and where to attend and if any of your dependants also need to be interviewed.

You’ll usually be interviewed alone, without your family members. An interpreter will be provided, if you need one.

The information you provide will be treated in confidence and will not be disclosed to the authorities in your own country.

Use this interview to explain:

  • how you were persecuted in your country
  • why you’re afraid to go back to your country

You may be asked questions about difficult topics but it’s important that you explain what has happened to you and your family.

You must tell the caseworker everything you want them to consider or it can count against you.

Bring all the evidence you have of your persecution. You may be asked to send further evidence to your caseworker after the interview, if they think it might help your application.

You should also bring your birth certificate, passport and medical records if you have them.

Your caseworker will make notes in a document called an ‘interview record’. You’ll get a copy of this at the end of the interview.

You can bring a legal representative to this interview, for example a lawyer or solicitor. Find out if you can get help paying for legal advice about asylum.

Your interview will take place even if your legal representative is not there. You cannot ask for more time to get a legal representative.

You can ask for this interview to be tape recorded if you do not have legal representation. Ask your caseworker at least one day before.

Your application will usually be decided within 6 months. It may take longer if it’s complicated, for example:

  • your supporting documents need to be verified
  • you need to attend more interviews
  • your personal circumstances need to be checked, for example because you have a criminal conviction or you’re currently being prosecuted

Ask your legal adviser if you want an update on your application.

You’ll be given or refused permission to stay in one of the following ways.

If you’re granted refugee status, you’ll be classed as a Group 1 or Group 2 refugee.

You’ll be a Group 1 refugee if you meet all of these conditions:

  • you came to the UK directly from a country or territory where your life or freedom was threatened
  • you made your claim for asylum without delay
  • the authorities accept your reason for any illegal entry or stay in the UK

Otherwise, you’ll be a Group 2 refugee.

You can read about how applications are decided.

If you’re a Group 1 refugee

You may be given permission to stay in the UK for a minimum of 5 years.

This is known as ‘refugee permission to stay’. The exact amount of time depends on how your application is assessed.

After 5 years, you can apply to settle in the UK.

If you’re a Group 2 refugee

You may be given permission to stay in the UK for a minimum of 30 months.

This is known as ‘temporary refugee permission to stay’. The exact amount of time depends on how your application is assessed.

After 10 years, you can apply to settle in the UK under long residency rules.

Dependants of Group 1 and Group 2 refugees

Any dependants (partner and children under 18) included in your application usually get permission to stay for the same amount of time as you.

Dependants of Group 1 refugees can apply to settle in the UK as family after 5 years.

Dependants of Group 2 refugees can apply to settle in the UK as family under long residency rules after 10 years.

Dependants are not given refugee status unless they make their own claim for asylum.

Refugee status means someone is protected by the Refugee Convention. They can, for exampleapply for family reunion or apply for a refugee integration loan.

You may get humanitarian protection and permission to stay for humanitarian reasons if you do not qualify for refugee status. This means you need to stay in the UK for your protection, but for reasons not covered by the Refugee Convention.

You and your dependants may be given permission to stay in the UK for a minimum of 30 months. This is known as ‘temporary humanitarian permission to stay’.

After 10 years, you can apply to settle in the UK under long residency rules.

You may get permission to stay for other reasons if you do not qualify for permission to stay as a refugee or for humanitarian reasons.

How long you can stay will depend on your situation.

You may be able to apply to extend your stay or settle in the UK towards the end of your stay.

You’ll be asked to leave the UK if you do not qualify for refugee status and your caseworker decides there’s no other reason for you to stay.

You may be able to appeal against the decision.

You’ll have to leave if you do not appeal in the time allowed, or if your appeal is unsuccessful. You can:

Our experienced team of legal professionals specialise in Asylum Applications. We will provide the necessary evidence and legal grounds to maximise your chances of achieving a successful outcome. 
Please get in touch with us now and let us help you get the best possible outcome. We aim to provide you with all the necessary assistance during this process.

Why Choose Excellum Legal Solicitors

Our experienced team of legal professionals specialise in Asylum Applications. We will provide the necessary evidence and legal grounds to maximise your chances of achieving a successful outcome. 
Please get in touch with us now and let us help you get the best possible outcome. We aim to provide you with all the necessary assistance during this process.