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Seeking protection or asylum

If you are living in the UK as a refugee and you are seeking protection or asylum permanently in the UK, you need to apply for asylum. Applying for asylum in the UK can be an intricate and difficult matter; LGBT Lawyers will be able to help you with any and all information and support you will need.

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an Introduction to seeking protection or asylum

If you have left your own country and are unable to go back because you fear persecution, then you may be eligible to claim asylum in the UK. To be eligible to claim for asylum, the persecution you face must be based on the grounds of your:

 

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Or anything else that puts you at risk because of the situation of your country, for example gender, gender identity or sexual orientation
    You should know…

    -Of all asylum claims made in the EU in the last year, Britain received only 3% of those claims.

    -Of the same year,  there were 5 asylum applications for every 10,000 people living in the UK

    -The UK is below the European average for asylum applications and ranks 17th among EU countries.

    based on statistics from 2019

    The Process

    Before you apply

    You should apply as soon as you arrive in the UK; the longer it takes to put in your application, the less likely it will be accepted

    The application process will involve gathering any documents (such as passports, identification documents, police certificates, proof of UK address and any supporting evidence.

    After you have applied and given any evidence, you can register your claim at an ‘asylum screening’, which is a meeting with an immigration officer where you can register your case.

    After you've applied
    • An asylum claim will usually take 6 months for a final decision.
    • You will usually not be allowed to work while your asylum claim is being looked at
    • You may not be considered or asylum if you are from an EU country or if you have claimed asylum in another EU country before coming to the UK

    Whilst you are applying for asylum, you still have the rights to be treated fairly and lawfully, to practise your own religion, to have your application considered fairly, to have access to healthcare from the NHS, to have legal representation and to have access to support and accommodation should you require it.

    You also have certain responsibilities whilst applying for asylum. These include:

    1. Cooperating with the home office and always telling the truth on your application
    2. Staying in regular contact with your caseworker
    3. Leaving the UK if your application is denied and all further appeals are denied
    why do i need a lawyer?

    You may want to use the help of a lawyer for your asylum case for many reasons.

    Applying for asylum in the UK comes with a huge amount of pressure and responsibility. Only 49% of claims to asylum are granted (based on 2019 figures) so having the best legal representation to guide you through the process and make sure all of your documents are in order is crucial. Furthermore, if you apply for asylum and your claim is denied, an immigration advisor will not be able to help you appeal your claim. For this, you will need a lawyer who can scan your application and find out why you haven’t been accepted.

    If your asylum case is particularly complex because of the country you are coming from, or if your case is complicated because of previous applications, a lawyer will be really beneficial for you. Legal help will be able to ensure that your application is smooth and without any faults, and you will be able to disclose any necessary information to the lawyer who is supporting you.

    Your lawyer will also be able to provide you with interview preparation, getting your documents in order and will assist in gettign your family over to the UK should you require it.

    Why might i struggle to apply for asylum?

    Applying for a asylum or protection is a sensitive and difficult matter. Your application may be difficult for the following reasons:

    1. You’re unsure whether you meet the requirements 

    -It’s not often clear to see if you qualify for asylum or not. A lawyer will be able to talk you through the application process and your options, to find if you can qualify.

    1. You want to challenge the decision (or rejection) of your application

    – A consultation with a lawyer will be able to highlight what issues there may have been in your application. However, if your application has been rejected for an unfair or odd reason, a legal representative will be able to challenge this and help you complete your application.

    1. English is not your first language, and you need a lawyer to complete your forms for you

    -The application to become a citizen is complex enough without the difficulty of it being in a different language. 

    1. You have a criminal record or a poor immigration history

    -If you have previously had a visa application that was rejected, or if you have a history of criminal behaviour, you may need an immigration lawyer to represent you and help you complete the process.

    1. You struggle to use technology or digital documents -A lawyer will help you to upload your documents and PDF’s online to avoid any confusion or miscommunication.
    1. Your case is particularly complex

    -If your application has particularly difficult elements to it, such as the country you are seeking asylum from or if you have already been refused asylum in the UK.

    how can a lawyer help with my protection or asylum case?

    The UK’s asylum system is extremely tough. The application itself is difficult because the sheer amount of evidence required is huge.

    Of all applications processed by June 2020, the acceptance rate was only 53%. Even if an application is accepted, most asylum seekers are only given permission to live in the UK for 5 years.

    Despite this, a lawyer will be able to assist you on all elements of your case. Firstly, if you are applying for asylum and need assistance with your evidence and application, a lawyer will be able to help you.

    If you are already seeking asylum in the UK and you face extradition, a lawyer will support your asylum claim. A lawyer will also be able to help you to challenge the refusal of your application, should this happen. They will be able to gather sufficient evidence for your claim, and investigate thoroughly why your application has been denied.

    SEEKING protection or asylum? get in touch with one of our lawyers today

    Get in touch today by giving us a few details and a brief outline of your matter, and we’ll put you in touch with an LGBT Lawyer.

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