Claiming Asylum in the UK
The United Nations Refugee Convention, which was formed in 1951, defined the right to seek asylum in another country. This convention was signed by 146 nations, and its regulations are enforceable under international law. If an individual cannot return home for fear of persecution, they have the legitimate right to seek asylum in the United Kingdom.
There are eligibility requirements linked in order to achieve a successful statement for asylum. The asylum application process will take a long time. An initial asylum application must be submitted after arriving in the United Kingdom. This decision should be based on the fact that the individual has fled their country and is unable to return due to the risk of persecution, which has put their lives in jeopardy.
Prior to the actual application for refuge at a border port or airports, a consultation with a customs officer will be held. This is usually referred to as “screening.” These meetings are in-person, and you must bring all required paperwork for your case with you.
The Home Office will then decide whether or not your asylum application can be filed. You will be expected to undergo a formal asylum assessment with a counselor if you obtain assurance that you are eligible to file a petition.
This interview is an opportunity for you to explain why you are seeking asylum. This meeting allows you to bring an immigration attorney or advisor with you.
You will obtain a judgment on your application in under approximately six months from the date of this meeting. For the meantime, you will probably not be permitted to work while your claim is being handled. While you wait, you can be held under some cases. If your application is denied, you will be able to file an appeal.
People seeking asylum in the United Kingdom may seek legal advice from the Rubens Immigration. If you are in a time of need, please contact us right away for assistance with your claim. Asylum law is complicated, so it is best to hire a professional immigration lawyer to help you with your application.
Page Contents
- Claiming asylum in the UK
- What is meant by Asylum-seeking?
- Requirements and Eligibility for Asylum Claim
- Registering for Asylum Claim
- Required Documents
- What happens during an Asylum-screening?
- What happens during an Asylum substantiative interview?
- Positive Asylum Application Decision
- Negative Asylum Application Decision
- How can Rubens Immigration assist?
- Frequently Asked Questions
What is meant by Asylum-seeking?
An individual who has fled their home country escaping persecution and is applying for asylum in another country is referred to as an asylum seeker. They will be unable to return to their home country because they are in grave danger.
A refugee seeking asylum has the right to obtain humanitarian security in another nation. A individual who has been granted this privilege or refugee status is entitled to both basic and universally respected rights.
An individual who has been granted refugee status in the United Kingdom will keep it for up to five years. After that, they will be given the option of extending their leave.
This person has a denied asylum claim if their asylum application is not approved. An individual may be forcibly relocated from the country or may move to their home country on their own accord, depending on the circumstances.
In 2019, nearly 80 million people were displaced from their homes around the world. The United Kingdom is home to more than 1% of the world’s total 29.6 million refugees.
Requirements and Eligibility for Asylum Claim
To be eligible for asylum in the United Kingdom, you must meet certain criteria.
The most important consideration is that you would be unable to live in any part of your home country without fear of retribution.
The following are the categories in which this persecution is focused, according to the UK government:
- Race
- Religion
- Nationality
- Political Opinion
- Sex, gender identity, sexual orientation, or any other factor that might lead to persecution as a result of your country’s social, political, or religious culture
You must be able to demonstrate that you asked for and didn’t receive security from officials in your own government. Furthermore, the authorities or a group of persons approved (explicitly or implicitly) by the officials must be the perpetrators of the persecution.
The Home Office may deny your asylum application under some circumstances. If you are traveling from another EU country or have passed through another country on your way to the UK, your argument may not be recognised due to new rules enacted since the UK left the EU.
Contact Rubens Immigration for the most reliable and detailed legal advice and assistance on your asylum request. For more details, contact one of our knowledgeable and friendly advisors today.
We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.
Registering for Asylum Claim
To begin the asylum registration process, you must file your asylum claim as soon as you land in the United Kingdom. If you do not do this right away when you arrive at a UK border, your application will be rejected. If you do not file your request when you arrive, the Home Office can claim that you are not in danger of oppression.
You will be led to your screening appointment with a customs officer if you arrive in the UK and inform Border Force authorities that you plan to submit for asylum security.
At this time, officials will take a snapshot and fingerprints of you and talk to you about why you are seeking asylum.
If you are currently residing in the United Kingdom and become qualified to apply for asylum, you can contact the asylum admission unit to arrange a screening interview with a customs officer.
Your asylum petition will be registered during this procedure, and your application will then be reviewed by the Home Office. If you are selected, you will be called to a substantive asylum interview.
Required Documents
TIf you are filing an asylum application, you must have a number of documents. Each stage of the procedure necessitates the submission of various documents.
You should bring the following items to the initial screening interview:
- Passports
- Police Registration Certificate
- Documents proving your identity (e.g., identity cards, birth certificates, official school records, marriage or divorce certificates)
- Any other records that might be useful to your case
If you are already a citizen of the United Kingdom and want to apply for asylum, you may need to have proof of residence. This may include the following:
- Letter from a financial institution
- Benefits records for housing
- Lease or tenancy arrangement
- Bills for utilities or the building
- Alternatively, evidence that you are living with someone else.
The documentation required for the comprehensive asylum interview will come in a variety of shapes and sizes.
If you can provide supporting documentation of persecution in your home country, your asylum claim could be supported. Though this may be difficult to acquire, it is recommended that you give as much evidence as possible to your interviewer.
The following will be advantageous:
- Arrest Warrants
- A membership card for a political party
- A newspaper or media report describing your story or persecution has been published
- Any further facts to back up the point
It is critical that this proof be real and not tampered with in any way. Your immigration official will go through the types of documentation you can bring with you and guide you through the process.
Our knowledgeable asylum lawyers will inform you on the types of documents you can send to the Home Office as part of your petition. This is an important step in the process, and we will make sure that all of the information you provide is correct and valid.
What happens during an Asylum-screening?
When you inform border authorities that you are trying to register an asylum application in the UK, the first step of the procedure begins. The procedure can vary depending on whether you are conducting this one at the UK border or scheduling an appointment at the asylum intake facility.
You will be asked to include biometric data (fingerprints and photographs), some personal information, your immigration status, and whether you have any health-related needs during this screening interview. It is important that you have precise responses to all questions. At this point, you can also request a copy of the interviewer’s remarks.
You will be asked the following questions:
- Name
- Date of Birth
- Nationality
- Ethnic background/group or race
- Languages
- Religious beliefs
- Occupation
- Family
You may be asked to provide evidence of your identity during this screening interview (e.g., a passport, birth certificate, etc). The border authority will
inquire about your motives for seeking asylum in the UK, as well as the oppression you face in your native country.
The interviewer will not ask you detailed questions about your experience at this time, and the interview will last for 1-2 hours. The details you give in the screening interview will be used by the Home Office to determine whether you will be granted a substantive interview.
Since January 1, 2021, the Home Office has reserved the right to say that an asylum claim is unlawful if you went through another country after leaving your homeland and may have sought asylum there.
Your case will be classified into one of three groups after the screening interview: non-detained general casework, detained non-suspensive appeal, or unaccompanied
child. Your asylum claim’s classification will have an effect on your case.
The applicant will be detained after the screening interview if the decision is held non-suspensive. Furthermore, after a substantive asylum interview, there is no right to sue this decision.
A substantive interview would almost certainly be scheduled for an unaccompanied minor. An age evaluation may be enforced if the Home Office suspects the person isn’t under the age of 18.
Asylum law is among the most complex areas of law, and applicants can profit from working with experienced immigration solicitors. Our representatives are available to talk with you about your claim, and we will get to work on your case right away.
What happens during an Asylum substantiative interview?
The object of the substantive examination is for the applicant to provide evidence to the Home Office supporting their application for international security. The officer from the Home Office will ask you detailed questions concerning your past and the oppression you faced in your native country.
This consultation is one of the most crucial steps in the asylum application process. It is a lengthy consultation, lasting from 4-6 hours, and you have the right to be represented by an immigration attorney or solicitor. You have the right to an interpreter if there is a language problem.
The conversations are routinely documented, and it is actually recommended that you obtain a copy of the interview as well as a written summary after the interview.
This discussion will almost certainly be an emotionally draining experience. You should ask for a break at any point during the questioning. The representative from the Home Office recognises that the interview may include aspects of traumatic events, but they must remain independent and fair.
Even if you have already given this, they are likely to doubt your story and ask for an explanation.
Questions asked at a Substantiative Interview
The examiner would like a chronological account of your narrative as well as the explanations for your asylum application. If you are unsure about a day or cannot recall it, you should state that you are unsure. If you have various dates for your story, it will have an effect on your submission.
Documentary proof is very useful when presenting information on particular cases of persecution. If this is not feasible, you can have as much detail about a related event as possible.
For example, if you were put in danger because of your ethnicity, gender, nationality, political beliefs, or participation in a cultural circle, you should try to remember as much as possible about the incident.
This may include the individuals involved, where it occurred, when it occurred, the clothing they wore, if they were a police officer, whether you recorded the abuse, if you were arrested, if you had medical or psychological consequences, and how you exited the situation.
Working closely with your immigration lawyer in preparation of this examination is important. Your lawyer will listen to your story and devise the best strategy for you based on your unique circumstances.
Claiming Asylum Application Advice
We will do all we can to ensure you’re getting your asylum claim approved. An experienced solicitor will be assigned to you to determine your case and eligibility.
Asylum Claim Application Assistance
Our legal experts are dedicated to assisting asylum seekers with their cases, and the Rubens Immigration provides a broad variety of services. An experienced attorney will be assigned to you to determine your case and qualification. We will work with you just to finish your application and send it to the Home Office on your behest.
We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.
Positive Asylum Application Decision
If the Home Office grants you asylum, you will normally be given one of three options: refugee status, humanitarian security, or another form of leave to stay.
If you are given refugee status, you will be able to remain in the United Kingdom for a period of five years, with access to welfare, jobs, and accommodation. You can also register for a valid passport and the Family Reunion Program. During this time, you will register for Indefinite Leave to Remain, which allows you to apply for citizenship one year later.
Humanitarian security is equivalent to refugee status, but it does not come with the opportunity to apply for a Refugee Convention travel document.
Unaccompanied minor leave to remain after a certain age, Discretionary Leave, and Restricted Leave are examples of other types of leave to remain.
Negative Asylum Application Decision
Detention or expulsion are not always the result of a negative asylum decision. It could be possible to appeal the ruling, depending on the level and form of case.
A judicial review may be requested if the Home Office’s initial rejection decision does not include the option to challenge. The case can be taken to a First-Tier Tribunal if the judicial review is effective. If the result is negative, the Home Office will start the removal process.
If there is a right of appeal in the original rejection ruling, it may be taken to a First-Tier Tribunal. Status may be issued if a positive decision is reached at this stage, but the Home Office retains the option to challenge the decision.
If the first-tier tribunal makes a negative decision, the case can be referred to a higher court, such as the Upper Tribunal. Status may be given or the Home Office may reconsider its decision if this path yields a positive result.
If the Upper Tribunal rules against you, your right to appeal is already exhausted, and you may face incarceration or the start of the removal process.
If your asylum claim has been denied, our professional solicitors are able to assist you.
How can we assist?
We understand how difficult asylum applications can be at Rubens Immigration. As a result, we have amongst the best staff of qualified immigration counselors in the UK who can help you with every phase of your asylum application.
We closely work with you from our offices around the UK to let you have the best expert assistance and the most efficient path to a favourable response on your asylum application.
Our immigration solicitors are knowledgeable in all aspects of asylum law, such as the right of appeal, the appeals process, foreign security, asylum policy and practice, and the rights of refugees and migrants in the United Kingdom.
We provide a competent and helpful service, and we can begin working on your case right away. We recognise the urgency of seeking asylum, and we work with you just to acknowledge your goals and provide guidance on the best course of action.
To give your case the best chance of success, we provide high-quality interpretation and robust document fact-checking facilities.
Our immigration officials can provide urgent advice to you anywhere you are being detained if you have been arrested as a result of a failed asylum claim.
Our solicitors will assist you with your claim and guarantee that your request is of the highest quality before it is submitted. When your request is being reviewed, we will also submit a Letter of Representation and communicate with the Home Office on your side.
