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Claiming Asylum

lexenlaw.co.uk > Claiming Asylum

Claiming Asylum in the UK

Claiming asylum in the UK means asking the government for protection because you cannot safely return to your home country. People usually claim asylum if they are at risk of persecution or serious harm due to factors such as their race, religion, nationality, political opinion, or membership in a particular social group.

The UK asylum process is complex and requires applicants to prove that they have a genuine fear of persecution and that their own country cannot protect them.

Who Can Claim Asylum?

People who claim asylum must show that returning to their country would put them in danger. This danger usually relates to persecution for specific reasons recognised in international law.

Key Points:

You must be outside your home country to apply for asylum.

Valid reasons include: race, religion, political opinion, nationality, or being part of a particular social group (e.g. LGBTQ+, gender).

Fear of economic hardship or better opportunities abroad is not accepted.

You must show your government is unable or unwilling to protect you.

The UK is legally bound by the 1951 Refugee Convention. This means the government cannot deport you to a country where your life or freedom would be at risk a principle known as non-refoulement.

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    How to Apply for Asylum

    The application process begins when you declare to the UK authorities that you want to seek asylum. This can happen at the airport, seaport, or once you are already inside the country.

    Key Points:

    Apply as soon as possible after arrival. Late applications can raise suspicion.

    Make a claim at a port of entry or the Asylum Intake Unit (AIU).

    You’ll attend a screening interview where your identity, route, and basic reasons are recorded.

    Later, you’ll attend a substantive interview, which is the main chance to explain your case.

    A lawyer or representative can accompany you during the process.

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    Documents & Evidence

    Supporting evidence is very important. The stronger your documents, the better your chances of approval.

    Key Points:

    Passport, ID card, or travel documents (if available).

    Proof of persecution, such as police or court reports, medical records, or letters.

    Witness statements or references from human rights organisations.

    Proof of political or social involvement that caused persecution.

    Certified translations of any non-English documents.

    Each case is different, Lexen Law can help tailor the documents and advice to your specific circumstances.

    Rights While Claiming Asylum

    While your asylum claim is being decided, you do not have the same rights as British citizens or residents, but you do have some protections.

    Key Points:

    You cannot usually work, except in rare cases where your claim takes over 12 months.

    You may get asylum support (housing + weekly allowance).

    Free access to the NHS for healthcare.

    Children can attend school.

    Right to legal representation (many asylum claims qualify for legal aid).

    Possible Outcomes

    After your substantive interview, the Home Office will make a decision. Outcomes vary depending on the strength of your claim.

    Key Points:

    Refugee Status – permission to stay for 5 years, then apply for ILR.

    Humanitarian Protection – for people who don’t meet the refugee definition but still face serious risk.

    Discretionary Leave – granted for exceptional circumstances.

    Refusal – if the Home Office does not believe your case is genuine.

    Appeals and Reviews

    If your asylum application is refused, you may still have legal remedies to challenge the decision.

    Key Points:

    Right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber).

    Further appeals possible at the Upper Tribunal or higher courts.

    Contact our team today to discuss your situation in confidence.

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