Asylum & Humanitarian Protection: A Complete Guide

What is Asylum & Humanitarian Protection?

Asylum and Humanitarian Protection allow individuals facing persecution or serious harm in their home country to seek refuge in the UK. These protections are granted based on international human rights laws, ensuring safety for those who cannot return home due to fear of persecution, violence, or human rights violations.

Difference Between Asylum & Humanitarian Protection

• Asylum is granted under the 1951 Refugee Convention for individuals who fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
• Humanitarian Protection is granted to individuals who do not meet the strict refugee criteria but still face serious risks, such as war, torture, or inhumane treatment in their home country.

Eligibility Requirements for Asylum & Humanitarian Protection

To qualify for Asylum or Humanitarian Protection in the UK, applicants must:

• Be unable to return to their home country due to a well-founded fear of persecution or serious harm.
• Prove that their country of origin cannot protect them from persecution or violence.
• Submit their asylum application immediately upon arrival in the UK.
• Not be involved in criminal activities or considered a security risk.
• If under 18 and unaccompanied, receive special care, with children over 12 being interviewed by a Home Office Immigration Officer in the presence of a representative.

Application Process for Asylum in the UK

Applying for Asylum or Humanitarian Protection involves several key steps:

1. Register an Asylum Claim at the UK Border or with the Home Office.
2. Attend a Screening Interview, where basic details and reasons for seeking asylum are recorded.
3. Complete a Substantive Interview, where applicants present detailed evidence about their fear of persecution.
4. Provide Supporting Documents such as identity proof, evidence of persecution, and witness statements.
5. Await the Home Office Decision, which can take several months.
6. Receive a Decision – If approved, the applicant is granted refugee status or humanitarian protection. If denied, options for appeal or reconsideration may be available.

Indefinite Leave to Remain & Discretionary Leave

• Successful asylum seekers can apply for Indefinite Leave to Remain (ILR) after 5 years. The application must be submitted within 30 days before the visa expires to avoid revocation.
• Individuals under Discretionary Leave to Remain (DLR) will initially receive a 3-year stay. After this period, they can apply for an additional 3 months and, subsequently, for Indefinite Leave to Remain.
• Failed applications may be reviewed on a Discretionary Basis, considering factors such as long-term residency, strong UK ties, and humanitarian concerns.

Transfer of Refugee Status to the UK

• Migrants who have been granted asylum in another country under the United Nations Commissioner for Refugees (UNHCR) may apply to transfer their refugee status to the UK.
• The UK follows the European Agreement on the Transfer of Responsibility for Refugees (EATRR), prioritizing reunification with family members.

Rights & Benefits for Asylum Seekers and Refugees

Successful applicants under Asylum or Humanitarian Protection are entitled to:

• The right to live and work in the UK.
• Access to healthcare and education.
• Support in finding housing and financial assistance if necessary.
• The ability to apply for family reunification under certain conditions.
• A pathway to permanent settlement and British citizenship after a specific period.

What Happens If Your Asylum Application Is Refused?

If your Asylum or Humanitarian Protection claim is refused, you can:

• Appeal the decision to the First-Tier Tribunal.
• Request a Judicial Review if there were legal errors in the decision-making process.
• Seek legal assistance to strengthen your case for reconsideration.

Why Choose Temple Gate Solicitors for Asylum & Humanitarian Protection?

At Temple Gate Solicitors, we provide expert immigration advice and assist individuals in:

• Preparing a strong asylum or humanitarian protection application.
• Gathering the necessary evidence to support claims of persecution.
• Navigating the appeals and judicial review processes.
• Ensuring that applicants receive the legal protection they deserve.

Contact Us for Expert Assistance

If you need professional legal support with your Asylum or Humanitarian Protection application, reach out to Temple Gate Solicitors today. Our experienced immigration solicitors are here to guide you every step of the way.

📞 Call us: +44 (0) 207 183 8043
📧 Email us: info@templegatesolicitors.com
🌐 Visit our website: www.templegatesolicitors.com

Seek safety and protection in the UK with expert legal guidance from Temple Gate Solicitors. Contact us now!