Claiming Asylum in the UK
Claiming asylum is an important human right, recognised by the United Nations Convention. If you are fearing persecution in your country, then you can apply for asylum. Contact Rees Clayton Solicitors today to find out if you’re eligible to claim asylum, what the asylum process involves and how to claim asylum in the UK.
We are here to provide you with expert legal advice tailored specifically to your individual circumstances on all aspects of immigration and asylum matters. We use a friendly, personal but professional service with years of experience and an excellent track record of challenging decisions and winning complex immigration cases at all levels and look forward to helping you.
Eligibility requirements for Asylum claims
There are eligibility requirements that you must meet tobe eligible to submit a claim for Asylum in the UK. Your inability to reside in your home country without fear of persecution is the most crucial requirement. This fear of persecution must have been caused by the authorities or governing bodies or a group of individuals who are sanctioned by the authorities. This could be either explicitly or implicitly. Your fear of persecution may be influenced by various things, such as:
- Your race
- Your religion
- Your nationality
- Your political opinion
- Your gender, gender identity or sexual orientation
- Another factor that will result in persecution because of the social, political, or religious culture in your country
You must be able to provide proof that you have attempted to find safety in your own country and that your government or official organisations have rejected these efforts or have otherwise failed to protect you.
How to claim Asylum in the UK
If you feel it would be unsafe for you to return to your home country, you can apply for asylum as soon as you are in the UK. This entails telling a Border Control immigration official that you want to seek asylum in the UK. Following this, you will have a screening interview where you’ll be questioned about the validity of your claim. If this doesn’t occur immediately, it will usually take place within 5 days of you arriving in the UK.
Those that have already arrived in the UK and wishing to claim Asylum must inform the Home Office of their intention to apply. When informing the Home Office you will them been asked to attend a screening interview at the Asylum Screening Unit.
The UK Asylum Process
Depending on your circumstances, the Asylum process in the UK varies. After filing your claim, you will be scheduled for a screening interview and given a caseworker.
You will usually then have a Substantive Interview, a follow-up interview. A decision will then be made after reviewing your case.
During the asylum procedure, you can be required to participate in additional interviews or provide more documentation.
The Screening Interview
An immigration officer will typically interview you on the same day if you claim Asylum at your port of entry to the UK. After arriving in the UK, if you decide to request asylum, you will generally be interviewed at a screening centre in Croydon, South London.
At this interview you won’t have to go into depth about why you’re requesting asylum; this may be done later. However, you will be asked some basic questions about yourself and your request for asylum, including the following:
- Personal details (language, name, gender, ethnicity etc.)
- Whether you believe you are at risk of persecution if you had to leave the UK
- The country you claim to fear persecution from
- Whether you have a place to stay
- Whether you have any dependents in the UK
- Details about how you travelled to the UK
- Details about what ID you have (passport, driving license etc)
- Whether you have previously applied for asylum in the UK
- Medical details
- Brief details about your decision to apply for asylum in the UK
- Whether you have any criminal history
- If you have any supporting documents you wish to submit
Substantive Asylum Interview
Following your screening interview, you will usually be asked to attend a substantive interview. You will receive a letter telling you where and when to attend. You this Asylum interview you will usually be interviewed alone. Any information you share will be kept private, and if you require one, an interpreter will be made available to you.
The Home Office interviewer will seek to understand your justifications for requesting asylum in the UK during the substantive interview. Even though some of the questions may be challenging to answer, it’s crucial for the validity of your claim that you make every effort to be as thorough as you can. You will have the opportunity to give the Home Office every detail of your case at this stage.
At this interview you will be required to explain how you were persecuted in your country and why you are scared to go back. You should bring your birth certificate, passport, and, if you have them, your medical records, as well as any proof you may have of the persecution you experienced. This interview will likely last several hours because of the number of questions you will be asked.
You are strongly encouraged to attend this consultation with an accomplished immigration solicitor. It is generally advantageous to have a legal expert on your side because asylum proceedings can frequently be drawn-out and complicated.
The interviews are routinely recorded, so it is strongly advised that you get a copy of the recording and a written transcript as soon as possible after the interview.
You will generally receive a decision regarding your Asylum application within 6 months from the date of your interview.
What happens if Asylum claims are refused?
If you Asylum claim is rejected this does not necessarily mean detention or deportation. Dependant on your individual case you may be able to appeal the decision or apply for Judicial Review.
If your Asylum claim has been rejected, get in touch with our experience immigration solicitors as soon as possible to see how we can help you.
Legal Assistance
At Rees Clayton Solicitors we can provide urgent, fast, and comprehensive advice for all asylum issues. Our immigration solicitors are available to meet/talk with you immediately to provide you with asylum advice and support.
The UK asylum process can be incredibly complex, but our immigration lawyers are here to help. Our UK Asylum claim services include high-quality translation services and thorough document checks. Our solicitors can work with you to complete your asylum application, ensuring you have all the required documentation to support your application and that your application has been completed to a high standard before submission. We also prepare a Letter of Representation for all our clients, containing details of individual cases as well as citing immigration laws that support asylum claims. We liaise with the Home Office while applications are being processed.
Get in touch todayto get expert asylum advice.