April 15, 2018 1,964
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.
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.
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.
Nov 04, 2020
As we all know, European free movement will finish on 31 December 2020, and after that date EEA nationals will be treated the same as everybody else. The points-based system will carry on but its nomenclature will be changed somewhat. The Tier 2 scheme will be renamed the “Skilled Workers” scheme and the Tier 4 […]
Oct 16, 2020
The Immigration Health Surcharge (IHS) is a charge that has to be paid by many visa applicants in addition to the visa application fee, but those in some categories (eg visitors, refugees, EEA nationals, settlement applicants) do not have to pay it. The money goes towards the National Health Service, and is justified by the […]
Oct 05, 2020
As everybody knows, EU free movement will end on 31 December 2020, after which EEA nationals will be treated the same as everybody else. There will be a new points-based system, which will cover both working routes and study routes. The Home Office has now provided details about the new study route, which opened on […]
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