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Asylum Lawyer

The asylum process in the UK can be complex, and this is why asylum seekers looking for protection in the UK should seek out an asylum lawyer.

Asylum lawyers can help an asylum seeker with claiming asylum, understanding the process, understanding rights, and even dealing with an appeal. The asylum lawyers here at IAS are experienced professionals with asylum claims. Call us today at +353 061 518 025 or contact us online to get help with your asylum claim.

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    Introduction To Asylum Lawyers In The UK

    It is highly recommended that asylum seekers in the UK find an asylum lawyer as soon as possible. There are often very short deadlines in place for providing the evidence needed to support an asylum claim, and therefore having an asylum lawyer ready to help can help you ensure that you meet all of your deadlines.

    You can contact us at IAS and speak to one of our asylum lawyers to help with your claim. An asylum lawyer can help you in many ways throughout the process of your application. This could be in your asylum interview, legal advice, refused asylum claims, asylum appeals, and more.

    Here are some ways in which an asylum lawyer can help you:

    • An asylum lawyer can help you make an appointment to claim asylum.
    • An IAS asylum lawyer could help write formal statements for you.
    • Our asylum lawyers can provide advice on how strong of a case you have.
    • Asylum lawyers at IAS can apply for an applicant to be released if they have been detained.
    • One of our asylum lawyers can help you prepare your case and represent you in the event of an asylum appeal.
    • An asylum lawyer at IAS can offer advice on what will happen in a specific case.
    • Asylum lawyers with IAS can obtain any further information that may be required to explain the asylum claim; this could include medical reports or reports from experts about circumstances in the applicant’s home country.
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    The Asylum Process In The UK

    Overview

    Those who wish to stay in the UK as refugees will need to apply for asylum. To be considered eligible for asylum, the applicant must have left their own country and not be able to return due to a fear of prosecution.

    Applicants will need to apply upon arrival in the UK, or otherwise, as soon as they believe it would be unsafe for them to return to their own country. Applications have a higher likelihood of refusal if the applicant waits to apply.

    When applicants apply for asylum in the UK, they will first have a meeting with an immigration officer, which will be called a screening interview. After this, the Home Office will decide whether the claim can be considered in the UK. If the claim can be considered in the UK, then the applicant will have an asylum interview with a caseworker; this will be called a substantive interview.

    After the substantive interview, the Home Office will review the case overall and decide on the case.

    Who Is Eligible?

    An applicant is eligible to apply for asylum if they are unable to safely live in any part of their own country due to a fear of persecution. This persecution will have to be due to one of the following reasons:

    • Race
    • Religion
    • Nationality
    • Political Opinions
    • Other factors could put the individual at risk due to the cultural, social, religious, or political situation in the applicant’s country. This includes gender identity, gender, and sexual orientation.

    Additionally, the applicant must have failed to obtain protection from the authorities in their home country.

    Some claims may also not be considered if one of the following applies:

    • The applicant is from an EU country
    • The applicant travelled to the UK via a ‘safe third country’
    • The applicant has a connection to a safe third country where they would be able to claim asylum

    Applicants should also note that a third safe country fits the following definition:

    • The country is not one that the applicant is a citizen of
    • The country is one that the applicant will NOT be harmed in
    • The country wouldn’t send the applicant to a country where they would be harmed

    Applicants can also include their partner and children as dependents in their application if they are with them in the UK. However, if the application is successful, the applicant’s family will not obtain refugee status without completing their application.

    Required Documents

    Applying persons will need to provide certain documents for themselves and their dependents for their asylum screening interview. The documents that will need to be provided will include the following:

    • Travel documents and/or passports.
    • ID documents, ID cards, marriage certificates, birth certificates, and/or school records.
    • Any additional documents that may aid the application.

    As well as this, those who are already in the UK at the time of application will need to provide documents that prove their address in the UK. These documents will differ depending on whether the individual lives in their own accommodation or if they are staying with another person.

    Those in their accommodation will need to provide documents showing the individual’s full name and address, such as:

    • Housing benefit book
    • Bank statement
    • Tenancy agreements
    • Household bills
    • Council tax notice

    Those who are staying with someone else will need to provide the following:

    • A letter from within the past 3 months from the person the individual is staying with that confirms they have permission to stay.
    • Documents that show the full name and address of the person the applicant is staying with. This could include:
      • Tenancy agreement
      • A council tax notice
      • A household bill

    Overview

    There are a variety of safe and legal routes in the UK asylum system. While the most well-known route is to apply to become a refugee, there is also humanitarian protection and family reunion for asylum seekers. There are other programmes, such as the Gateway Protection Programme (withdrawn) and discretionary leave, to remain as an alternative. Understanding each of these routes is important.

    Family Reunion

    When a person obtains refugee status in the UK, they can bring their partner and children to the UK if they meet the requirements. These applications can be made per the Family Reunion section of the immigration rules. However, family members who enter via this scheme will not be considered refugees.

    Humanitarian Protection

    Humanitarian protection is a type of protection that can be granted to individuals who have applied for international protection but are not eligible to be recognised as refugees or as beneficiaries of subsidiary protection. However, these individuals are still considered to require protection for humanitarian reasons.

    Those who have humanitarian protection will be granted 5 years of permission to stay in the UK, as well as access to the NHS, benefits, and the right to study and work. Additionally, these individuals also have the same rights for family reunions.

    Gateway Protection Programme

    As of 2023, the Gateway Protection Programme has been closed. However, from 2004 to 2020, it was in place to help resettle many vulnerable people from refugee camps worldwide into the UK to rebuild their lives.

    This programme was in place to help resettle many refugees who had spent decades in refugee camps into the UK, providing them with education, accommodation, work, education, community services, and more.

    Discretionary Leave To Remain

    Discretionary leave to remain is a route available to migrants in the UK in exceptional circumstances. In some instances, migrants may not be accommodated under existing immigration routes, but there may be compelling reasons that will be used by the government to instigate discretionary leave.

    This can be issued in circumstances such as:

    • Medical reasons or health reasons such as illness or risk to physical and mental health.
    • Exceptional circumstances, such as character, compliance, conduct, and length of time in the UK.
    • Exclusion and criminality.
    • Asylum seeker cases whose circumstances do not fit existing policy.
    • Unaccompanied children.
    • Modern trafficking and slavery.

    Our experienced lawyers can help you through each step of the asylum process. Contact us

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      Benefits Of Using An Asylum Solicitor

      There are many benefits to hiring an asylum solicitor.

      • Asylum solicitors offer peace of mind during applications. These are experts in immigration law and can help those seeking asylum keep to strict time limits and provide supporting documents adequately.
      • Asylum solicitors and immigration lawyers have expertise with asylum claims. They can aid in negating the jargon through the process and can break down the law regarding an asylum case simply.
      • An asylum solicitor can minimise risk. It is easier to streamline the application process with immigration lawyers. Their deep understanding and extensive knowledge will ensure that any immigration case goes as smoothly as possible.

      Rights And Entitlements Of Asylum Seekers In The UK

      Those making an asylum claim in the UK cannot work unless they apply to work in a role on the Occupations Shortage List (if they are eligible). However, they can volunteer, provided that the organisation or charity is listed by the government.

      Asylum seekers may be able to study in the UK on an eligible course at an eligible college or university.

      Additionally, asylum seekers cannot claim benefits but will receive financial aid and housing support via sections 95, 98, or 4 of the UK Government’s law.

      Once refugee status is obtained, individuals can work, study, and obtain benefits and NHS healthcare.

      Choosing The Right Asylum Lawyer In The UK

      It is key to seek out the right asylum lawyer for you. Always keep in mind the following factors:

      • Expertise and experience with asylum cases
      • Reviews and reputation
      • Accreditation
      • Responsiveness and communication
      • Fees
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      Our lawyers will do all the work for you. Instruct us to complete and submit your application to the Home Office. Contact Us

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        How Can IAS Help?

        Here at IAS, our immigration lawyers are experts in immigration applications and asylum claims. We can help you claim asylum and walk you through the process.

        Just give us a call today at +353 061 518 025 or reach out to us online, to contact an IAS immigration lawyer and have legal representation to help you through your asylum claim.

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