Steering the complex terrain of UK Immigration and Asylum Law can be overwhelming, especially for those seeking safety and protection from persecution in their home countries. Asylum Solicitors play a crucial role in guiding individuals through the legal process, ensuring their rights are upheld and they have the best chance of securing asylum. In this comprehensive guide, we will explore the intricacies of asylum law, how to apply for asylum, and the importance of partnering with knowledgeable Asylum Solicitors UK.
- Understanding Asylum
- How to Apply for Asylum
- The Role of Asylum Solicitors UK
- How to Choose the Right Asylum Lawyer Near Me
- Working with an Asylum Seeker Solicitor
- Appealing a Negative Asylum Decision
- How to Apply for Asylum in the UK
- Required Documents
- Registering Your Asylum Claim
- After the Screening
- Waiting for a Decision
- Being Detained
- Case Law
- Frequently Ask Questions
- Why Choose Kayani Legal
With the ever-changing political climate and the increasing number of people seeking asylum globally, it’s crucial to understand your rights and the legal process surrounding asylum claims. This guide is designed to provide valuable information on the subject and empower you to make informed decisions as you embark on the journey towards a safer future. From understanding the difference between asylum seekers and refugees to finding the perfect asylum lawyer near me, we will delve into all aspects of the asylum process, ensuring you are equipped with the knowledge and tools to succeed.
Throughout this guide, we will maintain a human tone and focus on your needs as an asylum seeker, answering your questions and addressing your concerns. As a successful lawyer would, we will guide you through each step of the process, ensuring you understand your rights, responsibilities, and the best course of action. Following the advice in this guide, you can confidently navigate the UK Immigration and Asylum Law and work with an experienced asylum seeker solicitor to secure the protection you deserve.
A. Importance of Seeking Asylum
- Protection from persecution and harm
- Access to basic human rights
- Opportunity to rebuild life in a safe environment
B. Brief overview of UK Immigration and Asylum Law
- Legal framework governing asylum claims
- International treaties and agreements
- Recent changes and their implications
C. Role of Asylum Solicitors in the process
- Legal advice and guidance
- Representation in immigration court
- Advocacy for asylum seekers’ rights
II. Understanding Asylum A. Definition and eligibility
- Asylum as a form of international protection
- Criteria for qualifying as a refugee
- Exclusions and exceptions
B. Difference between asylum seekers and refugees
- Asylum seeker status during application process
- Refugee status granted after successful claim
- Rights and protections for each group
C. Grounds for claiming asylum in the UK
- Fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group
- Inability to seek protection within the home country
- Humanitarian protection and other forms of leave to remain
III. How to Apply for Asylum A. Initial application process
- Registering intent to claim asylum
- Screening interview
- Biometric information collection
B. Necessary documentation and evidence
- Personal identification documents
- Evidence of persecution or risk of harm
- Supporting documentation for dependents
C. Timeline and potential outcomes
- Length of the asylum application process
- Possible decisions: granted asylum, humanitarian protection, or denial
- Right to appeal negative decisions
IV. The Role of Asylum Solicitors UK A. Legal advice and representation
- Assessing the strength of the claim
- Assistance with gathering evidence
- Representation in court proceedings
B. Navigating the asylum process
- Guiding clients through each step
- Ensuring compliance with deadlines and requirements
- Advocating for clients’ rights and interests
C. Preparing for interviews and hearings
- Explaining the purpose and format of interviews
- Offering advice on how to answer questions
- Preparing clients for potential challenges
V. How to Choose the Right Asylum Lawyer Near Me A. Factors to consider
- Experience and expertise in asylum law
- Client testimonials and success rates
- Approachability and communication skills
B. Recommendations and reviews
- Referrals from friends and family
- Online reviews and ratings
- Professional associations and directories
C. Comparing fees and services
- Fee structures and payment options
- Scope of services provided
- Accessibility and availability
VI. Working with an Asylum Seeker Solicitor A. Building a strong case
- Collaborating to gather evidence
- Developing a compelling narrative
- Addressing potential weaknesses
B. Communicating with authorities
- Acting as a liaison between clients and officials
- Ensuring timely submission of documents
- Addressing concerns and queries
C. Understanding your rights and responsibilities
- Knowing your entitlements as an asylum seeker or refugee
2. Obligations while awaiting a decision
- Adhering to conditions of leave to remain
VII. Appealing a Negative Asylum Decision A. Reasons for denial
- Insufficient evidence of persecution
- Ineligibility due to criminal activity or national security concerns
- Availability of protection in the home country
B. The appeal process
- Filing an appeal with the First-tier Tribunal (Immigration and Asylum Chamber)
- Preparing for the appeal hearing
- Possible outcomes: overturned decision, remitted case, or upheld denial
C. When to involve a solicitor
- Assessing the merits of an appeal
- Guidance on gathering additional evidence
- Expert representation during the appeal hearing
How to Apply for Asylum in the UK
You must have left your home country and cannot return due to fear of persecution.
You must apply for a visa if you want to come for a different reason, such as work, study, or be with family.
Apply for asylum as soon as possible after you arrive in the UK or when you believe it is unsafe to return to your home country.
You will have a screening with an immigration officer and then an asylum interview with a caseworker.
You should decide on your application within six months.
You must show that you cannot live safely in your country due to fear of persecution. It is based on race, religion, nationality, political opinion, gender, gender identity, or sexual orientation.
Your claim may not be considered if you are from an EU country, travelled through a safe third country, or are connected to a safe third country.
You can include your partner and children under 18 as dependents in your application if they are in the UK with you.
3. Required Documents
You must provide documents for yourself and your dependents, including passports, identification documents, and proof of UK address.
If you live in your accommodation, you must provide documents showing your name and address, such as a bank statement or tenancy agreement.
If you are staying with someone else, you will need a recent letter from them confirming your stay and their name and address.
4. Registering Your Asylum Claim
You can register your asylum claim at a screening, either at the UK border or by calling the asylum intake unit.
At your screening, you will be interviewed, have your fingerprints and photo taken, and may bring written evidence and documents.
Please ask for a male or female interviewer and an interpreter if needed.
5. After the Screening
The Home Office reviews your case. It sends you an asylum registration card (ARC) or an appointment letter.
If your case can be considered, it will be given to a caseworker for an asylum interview.
If your case cannot be considered, you may be sent to a safe third country or held in an immigration removal centre.
Your ARC will show that you have applied for asylum and can be used to prove your identity, permission to work, and access to health and education services.
6. Waiting for a Decision
Just so you know, you will be informed what you need to do while waiting for a decision, such as regularly reporting to a caseworker.
You may not be allowed to work while your asylum claim is being considered.
You can get help with legal representation, living in the UK, and accessing services.
Children applying on their own can do so without an adult relative.
7. Being Detained
You are in detention at an immigration removal centre, awaiting your application’s decision.
You may be released if granted permission to stay or held until you are removed from the UK.
You may not be detained if you are a child, elderly, a family with children, pregnant, a victim of trafficking, or have a medical condition.
If your application is not granted, you can appeal the decision.
Asylum Case Law
R v Secretary of State for the Home Department, ex parte Adan and Aitseguer  UKHL 11:
- Concerned with interpreting the term “persecution” in the context of asylum law.
- The House of Lords held that:
- Persecution must involve serious harm.
- Fear of such damage must be well-founded.
R v Secretary of State for the Home Department, ex parte Hoxha  UKHL 19:
- The House of Lords held that:
- Such a person may still be at risk. There are tangible grounds that they would be persecuted if they returned to their home country.
R (on the application of Baiai) v Secretary of State for the Home Department  UKSC 7:
- Concerned with interpreting the “real risk” test in the context of asylum law.
- The Supreme Court held that:
- A person at real risk of persecution must be granted asylum.
- Regardless of whether that person could have sought protection in another country.
R (on the application of RY (Iran)) v Secretary of State for the Home Department  UKSC 38:
- Dealt with the issue of whether a person subjected to persecution in their homeland can still be deemed at risk if they have lived in another country for a significant period.
- The Supreme Court held that:
- Such a person may still be at risk if there are substantial grounds for believing they would be persecuted if they returned to their home country.
R (on the application of MM (Lebanon)) v Secretary of State for the Home Department  UKSC 10:
Concerned with interpreting the “reasonable degree of likelihood” test in the context of asylum law. The Supreme Court held that: A person at a real risk of persecution must be given asylum. This is nonetheless of whether that risk is less than 50%.
R (On the Application of YH (Iran)) v SSHD  EWCA Civ 116
Asylum claims are based on imputed political opinion and risk of persecution.
HJ (Iran) and HT (Cameroon) v SSHD  UKSC 31
Asylum claims based on sexual orientation and risk of persecution.
RT (Zimbabwe) v SSHD  UKSC 38
Asylum claims found an unwillingness to feign support for a political regime.
R (On the Application of MA (Somalia)) v SSHD  UKSC 49:
Risk of persecution and humanitarian protection for asylum seekers from failed states.
KV (Sri Lanka) v SSHD  UKSC 10
Assessment of scarring as evidence of past torture in asylum claims.
AM (Zimbabwe) v SSHD  UKSC 17
Asylum claims are based on the risk of serious harm upon removal and Article 3 of the European Convention on Human Rights (ECHR).
R (On the Application of MN and KY) v SSHD  UKSC 30
Credibility assessment and the role of the Home Office in verifying asylum claims.
SSHD v MN and KY (Somalia)  UKSC 30
The duty is to investigate credibility and documentary evidence in asylum cases.
MS (Palestinian Territories) v SSHD  UKSC 25
Statelessness and its implications for asylum claims.
R (On the Application of EM (Eritrea)) v SSHD  UKSC 12
Asylum claims and “internal relocation” as an alternative to international protection.
Paposhvili v Belgium  ECHR 1113
Human rights considerations in asylum claims and removal decisions based on medical grounds.
R (On the Application of ST (Eritrea)) v SSHD  UKSC 12
Asylum seekers’ rights to challenge removal decisions based on “safe third country” principles.
ZT (Kosovo) v SSHD  UKHL 6
Asylum claims involving family members and the “best interests” of the child.
SSHD v TM (Zimbabwe)  EWCA Civ 784
Asylum claims and the standard of proof for establishing a “well-founded fear of persecution.”
R (On the Application of Sivakumar) v SSHD  EWCA Civ 4
Assessing the risk of persecution for non-state actors in asylum claims.
Expert Asylum Solicitors UK Providing Asylum Case Solutions
Representation of asylum seekers is particularly challenging. Compared to other areas of law, there is rarely any official documentation of a case or witnesses, and the factual basis of the claim can often span several years. For this reason, asylum cases require an extensive fact-finding exercise as Asylum seeker needs to familiarise themselves with how to apply for asylum. Most issues will ultimately determine whether the asylum seeker is to be believed. Credibility assessment is complex, and presenting the case requires skill and care. The law imposes an exceptionally high standard for the asylum decision-making process.
Asylum cases call for the most anxious scrutiny. We recognise at Kayani Legal Solicitors that fundamental human rights, including the right to life, are at stake in these cases. Therefore, the quality of legal representation is paramount to asylum seekers whose cases routinely raise issues of life and liberty. At Kayani Legal Solicitors, quality is an essential component of value for money.
Intervention by Asylum Solicitors
Evidence suggests that early intervention by asylum solicitors in the asylum process delivers better outcomes. So, we ensure that a case’s full factual and evidential basis is presented. We draft detailed witness statements and supporting evidence.
When assisting an asylum application, our asylum lawyers will promptly identify and gather all relevant facts, evidence and arguments, presenting them to the Home Office best. We exercise tactical judgments. Our lawyers explore every reasonable ground. We ensure a full and fair hearing of the case.
Expert Reports for Asylum
We have extensive experience using experts, whether psychiatric or country experts, interpreters, and translators. We work together as a team. We establish trust, confidence and a mutually respectful relationship with you.
We enjoy a proven track record of success rate. We attribute this to the time we spend on the case—the quality of our work. We operate a fixed fee scheme for certain types of asylum applications and provide our clients with peace of mind that their work will be carried out in a detailed and timely fashion. Our work is tailored to the clients, and their circumstances and the cases are always progressed comprehensively, appropriately and efficiently.
Our Asylum lawyers certainly do
- A thorough analysis of your case to identify the best options
- Explanation of all eligible benefits
- Recommendation of the best ways to obtain legal status
- Stay up-to-date on new laws affecting your case
- Guidance and counselling throughout the application process
- Identification of potential issues and advice on corrective steps
- Preparation and assembly of all legal documents and evidence
- Timely filing of your application with the appropriate fees at the correct UKBA Home Office address
- Representation in Asian languages such as Urdu, Hindi, Tamil, Sinhalese, and Panjabi
- Representation in front of an Immigration Judge if needed
- Avoidance of delays and problems with your case
- Response to requests and inquiries from government agencies
- Preservation of rights through motions and appeals to the correct government addresses, likely in Croydon, London
- Utilization of the system to your advantage based on the lawyer’s experience
How to Apply for Asylum in the UK?
- If you have left your home country and fear persecution, apply for Asylum in the UK as soon as possible after arrival or when it’s unsafe to return.
- The application process involves:
- A screening with an immigration officer
- An asylum interview with a caseworker
What are the Eligibility Criteria for Asylum in the UK?
- To be eligible, you must demonstrate fear of persecution in your home country based on the following:
- Political opinion
- Gender identity
- Sexual orientation
- Your claim may not be considered if:
- You are from an EU country
- You have travelled through a safe third country
- You are connected to a safe third country
What Documents are Required for Asylum Application in the UK?
- Provide copies of:
- Identification documents
- Proof of UK address for yourself and your dependents
- Provide documents showing your name and address if you live in your accommodation or:
- A recent letter from the person you are staying with
How Long Does it Take to Get Asylum in the UK?
- A decision on your asylum application should be made within six months.
Can Asylum Seekers Work in the UK While Waiting for a Decision?
- You may not be allowed to work while your asylum claim is being considered.
What Happens if the Asylum Application is Not Granted?
- You can appeal the decision if your asylum application is not granted.
What Support is Available for Asylum Seekers in the UK?
- You can receive help with the following:
- Legal representation
- Living in the UK
- Accessing services
- While waiting for a decision on your asylum claim.
What Happens After Registering an Asylum Claim in the UK?
- The Home Office will review your case and send you the following:
- An asylum registration card (ARC)
- An appointment letter
- Your case will be assigned to a caseworker for an asylum interview if eligible.
What are the Benefits of Hiring an Asylum Solicitor?
- An asylum solicitor can improve the outcome of your case and ensure all relevant facts, evidence, and arguments are presented.
- An asylum solicitor can assist with the following:
- Identifying and gathering information
- Providing guidance and counselling
- Represent you in front of an immigration judge if necessary.
What Services Do Kayani Legal Solicitors Offer to Asylum Seekers?
- Kayani Legal Solicitors offers:
- A thorough analysis of your case
- An explanation of eligible benefits
- Recommendations for obtaining legal status
- Guidance throughout the application process
- We also offer:
- Preparation of all legal documents
- Representation in front of an immigration judge if needed
- Response to requests and inquiries from government agencies.
Ask a question.
Why Choose Kayani Legal
Extensive Experience in Asylum Law
As a specialist Asylum solicitor, Kayani Legal deeply understands UK immigration and asylum law. Their legal team is well-versed in the intricacies of asylum claims, quickly navigating the complex legal landscape. The solicitors have successfully represented clients from diverse backgrounds and nationalities, giving them the experience to handle even the most challenging cases. Their track record demonstrates their ability to secure asylum or other forms of protection for their clients.
Personalised and Compassionate Service
As a client of Kayani Legal, you can expect personalised attention and compassionate support. The team recognises that every asylum seeker’s situation is unique and takes the time to understand your story and concerns. By working closely with you, the solicitors can develop a tailored legal strategy that maximises your chances of success. They know the emotional toll that the asylum process can take on individuals and their families, and they strive to provide a supportive environment throughout the entire process.
Comprehensive Support in the Asylum Process
From the initial consultation to the final decision, Kayani Legal’s team of Asylum Solicitors UK offers comprehensive support at every stage of the asylum process. They will guide you on how to apply for asylum, help you gather the necessary documentation and evidence, and prepare you for interviews and hearings. They are also adept at handling appeals should your initial application be denied. By entrusting your case to Kayani Legal, you can be confident that you have a dedicated advocate.
Easy Access to Asylum Lawyers Near You
With a prime location in Ilford, Kayani Legal is easily accessible for clients needing an asylum lawyer near them. The firm’s proximity to key transport links and central London ensures you can easily access their services when needed. Additionally, the solicitors at Kayani Legal are always reachable, ensuring that you receive timely updates and advice throughout your case.
Commitment to Asylum Seeker Rights
At Kayani Legal, the rights and well-being of asylum seekers are at the forefront of their practice. Their team of solicitors is passionate about advocating for the rights of vulnerable individuals fleeing persecution and violence. They are committed to upholding human rights and social justice principles in their work, ensuring that their clients receive fair and just treatment throughout their asylum journey.