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Claiming Asylum in the UK

You may claim asylum in the UK if you need international protection due to being in danger in your home country. If you are a foreigner in Ireland it can be difficult to claim asylum in the UK.

At IAS, our immigration lawyers can guide you through the process. Call us at +353 061 518 025 or contact us online for assistance.

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    Overview of Claiming Asylum in the UK

    Anyone who enters the UK and requests asylum is considered an asylum seeker. They are referred to as asylum seekers until they receive confirmation of their refugee status. In addition to being expected to fulfil their obligations, asylum seekers are granted certain fundamental rights.

    You may be eligible to seek asylum in the UK if you face persecution in your country. It is best to apply when you first arrive in the UK. This is because your application will likely be declined if you wait.

    The UK Home Office will determine whether or not to consider your claim in the UK following your screening. You will meet with a caseworker for an asylum interview if possible. You will be notified once your application is approved. If you provide false information, you could face up to two years in prison or be forced to leave the UK.

    Requesting asylum can be complex, as you must meet all the eligibility requirements and provide supporting documents. At IAS, we have experts willing to help you every step of the way. Call us at IAS at +353 061 518 025 to get started.

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    Eligibility Criteria for Claiming Asylum in the UK

    To be eligible to apply for asylum in the UK, you must be unable to live in your home country due to fear of danger or persecution. You must reside in a country where the authorities cannot protect you from danger or discrimination.

    There must be a reason for this discrimination, which should be anything that puts you in danger due to the social, cultural, religious, or political climate in your country, such as your sexuality, gender expression, or political beliefs.

    You must prove that you tried to get assistance from the authorities in your home country but were turned down to be granted asylum in the UK. You will require supporting documents to claim asylum in the UK. The information you provide should demonstrate your need to remain in the UK, your inability to reside anywhere else, or that you would be in danger elsewhere.

    Before you send any evidence to the Home Office, show it to your lawyer, if you have one. Your attorney must get an opportunity to examine it and determine whether the submission is appropriate. At IAS, our lawyers can determine if your evidence is good enough and advise you on what to do. Call +353 061 518 025 or contact us online.

    Situations Where Your Asylum Claim Might Not be Considered

    It is important to understand that not all requests for asylum are granted in the UK. While the UK is legally required to evaluate legitimate claims, some circumstances can make a claim inadmissible or not eligible for review.

    According to The Dublin Regulation, asylum applicants should normally apply for asylum in the first safe country they arrive in. The UK might not consider your claim if you applied for asylum in a secure country like Ireland or other EU member states. However, this regulation no longer applies in the UK since they left the EU.

    As a foreigner in Ireland who wants to claim asylum in the UK, this may be challenging due to the Nationality and Borders Act introduced by the UK government in 2022. The Act makes it impossible for anyone to enter the UK without a visa. Fortunately, the UK still must uphold its obligation to safeguard refugees as a party to the 1951 Refugee Convention.

    A legitimate fear of being persecuted must support your claim. Should your claim prove to be false, it will not be considered. Also, if you have a criminal record in the UK or abroad, it will affect your asylum claims, particularly if it indicates that you are a danger to the public. You must not be a citizen of an EU country for your claim to be considered.

    Additionally, it will be questioned and denied if you wait a long time after getting to the UK to file an asylum claim without a good justification.

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    Required Documents for Claiming Asylum in the UK

    The required documents to present when claiming asylum in the UK include:

    • Passports and travel documents
    • Identification documents (birth and marriage certificates or school records)
    • Bank statement
    • Housing benefit book
    • Notice of council taxes
    • Tenancy contract
    • Utility bill

    If you are staying with someone else:

    • A recent letter confirming your permission to stay from the person you are staying with, no older than three months
    • Documents with the full name and address of the person you are staying with

    You should also include additional documents that may support your application. This could be proof of your persecution or discrimination in your home country.

    Our skilled immigration attorneys can assist you with seeking asylum in the UK. Contact us

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      Application Process for Claiming Asylum in the UK

      Overview

      To request asylum, you must first attend a screening where you discuss your case with an immigration officer. During the screening, you must provide the required documents. Your photo and your fingerprints will also be taken. After that, you will have an interview to verify your claim.

      If you have any medication or relevant health information, you should disclose it at this point. If you need an interpreter, ask for one. You must provide accurate information, including your name, date of birth, nationality, ethnicity, spoken languages, religious views, occupation, and family details. You will also need to present an identification document.

      The interview usually lasts one to two hours. The Home Office determines whether to approve a second substantive interview using this information.

      Your case will be classified as non-detained general casework, detained non-suspensive appeal, or unaccompanied minor following the screening interview, which will affect it. If you receive a detained non-suspensive decision, it implies that you will be held without the ability to appeal following the substantive asylum interview.

      During the substantive interview, you will provide evidence for international protection. Typically, the officials ask questions concerning your history and persecution in your home country. This interview is considerably longer than the screening. You are permitted to bring an immigration attorney for the interview.

      The interview will be recorded, and it is recommended that you request a copy. You can ask for breaks if you need one or face emotional difficulties. The UK asylum system remains unbiased and will ask many questions to ensure your claim is true.

      Receiving Positive Feedback on Your Asylum Application

      Three things typically happen when the Home Office grants asylum requests: refugee status, humanitarian protection, or another kind of leave to remain.

      The Refugee Status permits a five-year stay in the UK with benefits, employment, and housing access. You can apply for Indefinite Leave to Remain after five years, which will make you eligible for citizenship a year later.

      Protection of Humanity status is similar to Refugee Status but without the ability to apply for a travel permit. Other types of leave to remain include restricted leave, discretionary leave, and unaccompanied minor leave to stay until a specific age.

      Receiving a Negative Asylum Application Decision

      If your asylum claim is denied, there might be a chance to appeal the decision. A judicial review may be conducted if the original rejection judgment is made without the opportunity for an appeal.

      If the judicial review is successful, the case could be presented before a First-Tier Tribunal. If the outcome is still negative, the case could be taken to a different tribunal, like the Upper Tribunal. In the event of a negative ruling by the Upper Tribunal, there is no further avenue for appeal, and you may be deported.

      Reporting to the Home Office during the asylum process

      After reviewing your application, your case will be given a decision. They will also advise you on what to do while waiting for a decision and details about the asylum process.

      Most asylum seekers and those awaiting decisions regularly report to the Home Office. This is because you can only learn about your status when reporting. This way, you know if you will be detained or deported if your application has been denied.

      Reporting to your caseworker at the Home Office is important. Should you miss these gatherings, your asylum claim may be withdrawn, and you may even be placed under arrest.

      You should disclose your needs, such as medication requirements or disability, to your caseworker.

      Detention and its Implications for Asylum Seekers in the UK

      As you await the outcome of your case, you can be held at an immigration removal centre. If you are allowed to remain in the UK, the consequence may be your release; otherwise, you may be detained until your departure.

      Some people seeking asylum are usually not allowed to be detained. This includes children, the elderly, families with young children, pregnant women, and victims of trafficking. Also, you might not be detained if you can present proof of your abuse or have a medical issue that is a threat to other people at the detention facility.

      It is important to get legal counsel since this guarantees knowledge of your rights and appeals possibilities. To avoid detention or deportation, your information needs to be accurate. Any false claims will not be tolerated.

      At IAS, we can guide you through the process. If you get detained, we will provide asylum support to ensure you get fair treatment. Call +353 061 518 025 for assistance.

      How Can IAS Help?

      IAS is prepared to assist foreigners in Ireland seeking asylum in the UK. Our skilled immigration attorneys focus on asylum cases and have helped many applicants gain asylum in the UK.

      We offer professional advice, advocacy, and help with your application for your asylum case. Our experts help prepare and submit your asylum application, ensuring that all documents and information are correctly submitted to strengthen your claim.

      Because we know how urgent asylum cases are, we offer emergency support, including prompt legal counsel. Our attorneys can represent you in asylum interviews if necessary, making sure that immigration authorities are aware of your case.

      Contact IAS right now to take advantage of our experience and guarantee the best result for your asylum application. Call +353 061 518 025 or reach out to us online to book an appointment.

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                Frequently Asked Questions

                In the UK, it typically takes one to three years to receive an initial decision on an asylum case.

                Yes, it is. Most cases get a denial. However, you can get accepted by working with our attorneys at IAS.

                No. A person who gets refugee status is no longer eligible to remain in an asylum shelter.

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