For you and your family

Human Rights Applications and Asylum

If you fear returning to your home country then our Immigration team may be able to help.

Our team are experienced in representing those in need of asylum. We are able to assist in all aspects of Human Rights and Asylum whilst we can provide help and guidance to those submitting fresh claims for asylum where appropriate.

The 1951 Refugee Convention governs much of the process with regards to asylum claims, defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum.

FAQ’S about Asylum and Human Rights Applications

Can I qualify for asylum?

If you cannot return to your home country because you have a well-founded fear of persecution, then you may qualify for refugee status. To remain in the UK as a refugee you must be unable to live safely in any area of your home country because you fear persecution and the authorities are unable or unwilling to protect you.

This persecution can be because of:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership of a particular social group, i.e. your sexual or gender identity

The reason that you cannot return to your home country may develop or escalate when you are in the UK. Even if you have current leave to remain, if you fear returning before that leave expires you must seek advice from us as soon as you think you cannot return home.

Are there other provisions for qualifying for refugee status?

If you do not meet the requirements above you may still be able to remain in the UK Under Article 3 of the European Convention on Human Rights and Humanitarian Protection

If you are at risk of harm in your home country for a reason not covered by the 1951 Refugee Convention, for example because you will be prosecuted and face torture or the death penalty, or death or inhuman and degrading treatment due to withdrawal of medical treatment on return to your home country, then you may qualify on human rights grounds.

If you are successful in your claim you could be granted humanitarian protection in the UK.

What about Family members?

You can include your partner and your children under 18 as ‘dependants’ in your application if they are with you in the UK.

Your children under 18 and your partner can also make their own applications at the same time, but they will not be treated as your dependants.

If you came to the UK without your family and are granted leave to remain as a refugee or humanitarian protection, you can apply for your family members outside the UK to come and join you. This applies to your spouse, civil partner or unmarried partner, and children under 18 who were part of your family unit before you left your home country.

How long can I stay in the UK if granted asylum?

If your claim for asylum or humanitarian protection is accepted, you and your dependants should be given permission to stay in the UK for 5 years. If after 5 years you still cannot return to your home country you can apply to settle in the UK.

You should apply when you arrive in the UK or as soon as you think it would be unsafe for you to return to your own country. Your application is more likely to be denied if you wait.

I have decided to apply for asylum in the UK. What happens next?

After you apply you will have a meeting with an immigration officer (known as a ‘screening’) where you can explain your case and circumstances.

At your screening you will:

  • Be photographed
  • Have your fingerprints taken
  • Have an interview to check who you are and where you are from

You will be asked why you want asylum. You can bring written evidence to support your claim if you wish, as well as your identification documents.

You will need to say if you or your dependants are taking any medication and give any relevant medical information.

After this you will attend an asylum interview with a caseworker. Our Immigration Team can provide help and assistance for you in advance of this.

How long will it take to receive a decision for my asylum application?

The outcome of your case will usually be decided within 6 months of your application.

For further expert and professional advice and assistance in relation to your Asylum and Human Rights application, including with regards to specific advice relating to your asylum claim, application methods and processing times and support and assistance during your claim, please do not hesitate to contact our immigration team who are ready and able to help you.

Please be advised that Immigration Rules are always changing. Contact us for the latest help, advice and information with regards to your query.