You must apply for asylum if you want to stay in the UK as a refugee. To be eligible, you must have left your country and be unable to go back because you fear persecution. Please review this section for more information if this applies to you.

An asylum seeker is defined as, “a person who has left their home country as a refugee and is seeking asylum in another”. Usually, an applicant is unable to return to their home country, in this case, because they fear that they will receive some form of persecution if they were to attempt to do so. They will only be accepted as an asylum seeker after they have entered the UK and are not deemed to present a real and present security risk or have not been convicted of a serious crime. There are some cases which fall outside the Refugee convention, in which case they then fall into the Humanitarian Protection category.

In the case of unaccompanied children, special care will be given to their cases and any child over the age of 12, who is able to do so, will be interviewed by a Home Office Immigration Officer in the presence of a representative. No application will be dismissed based on the child’s age or maturity level.

Should an applicant’s attempt at this application be successful, they can apply for Indefinite Leave to Remain after 5 years. The application must be submitted in the 30 days prior to the visa running out or there is a danger that the visa could be revoked altogether.

Migrants who have found asylum with another country under the terms of the United Nations Commissioner of Refugees can apply to transfer their refugee status to the UK. The UK is a signatory to the European Agreement on the Transfer of Responsibility for Refugees (EATRR). As such, the UK accepts transfers of lawful residents, who are recognised as refugees. The Home Office tends to find in favour of applicants who are being reunited with their family members.

Where the applicant fails to succeed with an application, they have the right to have it looked at on a Discretionary Basis. In these cases, a finding will only be in the applicant’s favour in cases relating to long-term residency. Also, they base any judgment on length of time spent in the refugee’s original country, how strong their links are to the UK and any other compelling reasoning. These appeals are made to the British Diplomatic post abroad or at a port.

If an applicant is accepted to stay in the UK under the terms of the discretionary leave to remain, that will last for 3 years. Once those 3 years are up, they then can apply for a further 3 months and after these 3 months, they can apply for Indefinite Leave to Remain.

Temple Gate Solicitors are specialised in asylum cases and can help you with your case. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.