Asylum Claims

The asylum application

Once you arrive in the United Kingdom, you will be required to submit the initial Asylum application. This should be made on the basis of having left your country with the inability to return due to the threat of persecution which has endangered your life.

The screening process

After the initial application, you'll have a meeting with an immigration officer or case worker. This is known as the 'screening' interview. Your fingerprints, photograph, and any other physical identification information (for example a passport or travel document) will be documented by the Home Office in this screening interview to support your application.

This interview is your opportunity to explain the reasons why you are claiming asylum. You can bring an immigration lawyer or solicitor with you to this meeting.

Following the screening interview, your case will be categorised into one of the following categories: General Casework, Detained Non-suspensive Appeal, or Unaccompanied Minor.

Detained non-suspensive appeal

If the Home Office decide your case is “detained non-suspensive appeals”, you will be detained straight after the screening interview. You will still have an asylum substantive interview, but you will have no right to appeal within the UK if the Home Office refuse your asylum claim after the substantive interview, which they are very likely to do if your claim is in this category.

Asylum claims are usually rejected if the Home Office consider your country of origin to be generally safe or if the timing of your application was opportunistic. For example, if you have lived in the UK for a long time but only claim asylum when you are picked up by an immigration enforcement team, the Home Office is likely to say that asylum claim is opportunistic.

Unaccompanied Minor

An unaccompanied minor is a child who is under the age of 18 years old; is applying for asylum in their own right; and is separated from both parents and is not being cared for in the UK by an adult who in law or by custom has responsibility to do so.

The Home Office may not believe that you are under 18 years old - this is called an “age dispute”. The Home Office may undertake an age assessment and may also ask a local authority social services to assess your age.

The substantive interview

The substantive interview is for you to provide the Home Office with evidence of why you qualify for international protection. The Home Office official will ask in-depth questions about your background and details of the persecution experienced in your home country.

This interview is extremely important. It is a long interview, and you have the right to bring an immigration lawyer or solicitor with you as your representative. If there is a language barrier, you are allowed to have an interpreter.

The decision

If your application is successful, you will be granted a visa on the basis of refugee status, humanitarian protection, or discretionary leave.

If your application is refused, you may have the right to appeal to the Asylum and Immigration Tribunal, usually within 10 working days of receiving the decision on your application.

Refugee Status

If you are recognized as a refugee, you will be given asylum and a residence permit that allows you to enter and stay in the United Kingdom for five years. Your spouse and any minor children will also be allowed to join you in the UK.

Your refugee status will be reviewed regularly and if there are any changes that affect your status (like the situation in your country improving for example), you leave to remain can be revoked.

Humanitarian Protection

If the home office believes that if you were to return to your home country, your life would be at risk of the death penalty, unlawful killing, torture, or inhumane treatment/punishment, then you may be given a humanitarian protection visa.

This type of visa usually lasts for a 5 year period (or shorter) and it will be reviewed at the end of the period. Your spouse or any minor children will also be allowed to join you in the UK.

If the threat still remains after the initial period, you may be able to apply for settlement, an extension to the visa, or indefinite leave to remain.

Discretionary Leave

If you are not granted refugee status or humanitarian protection but the Home Office believe that there is a another reason why you should not be returned to your home country, you can be granted this type of permission to stay in the UK.

In the past, discretionary leave visas have sometimes been granted to minors, people with serious medical conditions, or people with strong family ties in the UK.

Discretionary Leave visas usually last up to 3 years but they may be extended by the Home Office. You cannot apply for settlement unless you've completed at least 6 years of discretionary leave (in some cases, 10 years).

Why choose Westridge Legal?

Asylum applications can be extremely complicated and long winded. Our team of Immigration lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.