www.getukvisa.co.uk
Uncategorized

Claiming asylum in the UK

April 15, 2018 344

To claim asylum a person must be in the UK. They could be in the UK either on a current visa or in a different way, and they may have just come to the UK or come to the UK some time previously. They may claim asylum on the basis that if they had to return to their home country they would be killed, tortured, mistreated or unfairly imprisoned. There could be different reasons for such feared persecution: for example ethnicity, politics, religion or sexual orientation.

In many (but not all) cases the feared persecution might come from the Government or Government agencies, the police or the courts.

The asylum claim must be made to the Home Office. The Home Office will interview the applicant and make a decision on their claim. If the claim is granted the applicant will become a refugee and they will be given five years leave in this capacity. Eventually they may qualify for indefinite leave to remain (settlement) and ultimately British citizenship.

If the Home Office believes that the applicant does not exactly meet the requirements for refugee status but that their case is nevertheless compelling they may instead be granted Humanitarian Protection, under human rights principles. A grant of Humanitarian Protection works in a similar way to a grant of refugee leave and can similarly lead to settlement and ultimately British citizenship.

However, if the application is refused by the Home Office the applicant will in many cases have an in-country right of appeal to the Immigration Tribunal. The Tribunal has the power to overturn the Home Office’s refusal decision and direct the Home Office to grant leave to the applicant.

Asylum claims are complex and they require a professional approach.

Family Reunion

If an applicant is successful in their asylum application and becomes a refugee their close family members (spouse or partner, children under the age of 18) may apply to join them in the UK under the Family Reunion rules. The family member must have been a family member of the applicant before the applicant left the home country.

However, if the applicant acquires British citizenship then the Family Reunion route is no longer possible.

Fresh Claims

If an applicant’s asylum application has been refused and no appeal is pending there is the possibility that the applicant can submit a “fresh claim”, which is like a new asylum claim.

However, a fresh claim must be significantly different from the previous claim. It might, for example, be based on different facts, facts that have only recently happened or new evidence.

If the Home Office accept that it is a new claim then they will treat it as a new asylum claim, and make a new decision about the fresh claim.

www.getukvisa.co.uk

get uk visa

Recent News

Jul 27, 2018

Partner Visas - Exceptions in the UK

It is sometimes difficult to get a visa to come to the UK to join your partner, because the rules can be hard to meet. But if you are already in the UK different rules may apply. Some migrants find themselves in a position where they want to apply for leave to remain in the […]

May 18, 2018

Failed Asylum-Seekers

If an asylum claim is refused by the Home Office an asylum-seeker becomes a failed asylum-seeker. A failed asylum-seeker should have the right of appeal to the First-Tier Immigration Tribunal and in many cases the right of appeal can be exercised in the UK. An appeal hearing is presided over by an Immigration Judge, who […]

May 11, 2018

Different types of UK study visa

Tier 4 General Student Visa This visa is appropriate for a person aged 16 or over who wants to study a degree-level or suitable below degree-level course in the UK. In most cases the course must be full-time. The college or university offering the course must hold a Tier 4 sponsor licence and they must […]

Google Reviews

  • review rating 5  The best service I ever had , very friendly , reliable services. We successfully got out married visa with get uk visa Ltd. I highly recommend them

    thumb mohsen Nobary
    9/03/2018
  • review rating 5  Amazing service. My wife and I had our cases handled by Adel, which managed everything perfectly on all aspects. Everything was clarified upfront and the office was very responsive to any question we had during the process. Both of our visas were approved. GET UK VISA is highly recommended, affordable and professional.

    thumb eliran sivan
    8/22/2018
  • review rating 5  Korous has been an amazing help. I needed advice on Tier 2, Tier 4 and visitor visas and he was incredibly knowledgeable about all different visas and the UK Visa and Immigration system. I never felt rushed and he went well out of his way to help me even on a Sunday, which should have been his day off! I highly recommend Get UK Visa for anyone with Visa questions. They are warm, friendly and very professional.

    thumb Michelle R
    8/09/2018
  • review rating 5  Excellent service! This solicitor office is a big help, they give a lot of advice. They are doing a great job. Would recommend it to all.

    thumb Mary Grace Soriano
    5/23/2018
  • review rating 5  Adel and Team were very good to work with, I appreciated their quick response, working with urgency and guidance through the visa process. Thanks to them my appointment went off without a hitch.

    thumb Crystal Contreras
    3/28/2018