How to Claim Asylum In UK: Legal Advice

Overview

There are requirements that asylum seekers need to meet to be eligible for asylum in the UK. The most important factor is that the individual must be unable to live in their country of origin without any fear of being persecuted.

The British government outlined specific categories of persecution as being based on the following:

• Race.
• Nationality.
• Religion.
• Political opinion.
• Gener, genre identity, sexual orientation, or other similar factors that would result in persecution due to political, social, or religious cultures in the original country

The individual must be able to show that they sought out and were denied protection from officials in their origin country, and the persecution would need to be caused by authorities or a group of individuals who are sanctioned by the authorities, be it explicitly or implicitly.

There are, however, some situations and circumstances under which asylum claims might be denied by the Home Office.

If the individual has come from an EU country or if they have travelled through another country to get to the UK, the claim might be denied. This is simply due to some rulings that have come into place since the UK left the EU during Brexit.

Documents Needed To Claim Asylum

There are some documents that individuals need to provide if they are submitting an asylum claim. Every stage of the process will require different documentation to be provided.

1. The initial screening interview requires the following documents:

• Police registration certification.
• Passports or travel documentation.
• Proof of identity documents. This can include ID cards, official school records, marriage or divorce certificates, and birth certificates.

If the asylum seeker is already residing in the UK when they claim asylum, they should be prepared to be asked for proof of address. A proof of address document could be any one of the following:

• Housing benefit documents.
• A letter from a bank.
• A lease or tenancy agreement.
• A council tax letter.
• A utility or household bill.
• Or, proof that the individual is staying with another person.

1. Documents for substantive asylum interviews can be in many different forms. However, the asylum claim can be boosted if the individual can produce solid documentary evidence of their persecution in their own country. This can be very difficult to obtain, but it is very beneficial to provide the interviewer with as much evidence as possible. This could include.

• Arrest warrants.
• Published newspaper or media articles detailing the story of the individual or information regarding their persecution.
• Political party membership card(s).
• Additional evidence can support claims.

All of this evidence needs to be completely genuine and cannot be falsified in any way at all. Immigration lawyers can discuss with each individual the types of evidence that need to be submitted.

At Total Law, we can help walk you through what types of evidence you should consider submitting and can aid you in the process of submitting evidence. Call us today at 0333 305 9375

Overview

Asylum screening is a complex process; however, the first stage of the process to claim asylum in the UK is when the individual notifies border officials that they intend to seek asylum.

The process will be different depending on whether the individual does this at the UK border or if they look at the appointment at the asylum intake unit.

In the screening interview, the individual will be requested to provide biometric information, which means photographs and fingerprints. They will also be asked to provide background information, information regarding their immigration status, as well as any health or medical requirement information.

The individual needs to provide accurate answers to every question, and they should also request a copy of the interviewer’s notes around this time.

People seeking asylum can expect to be asked questions such as the following:

• Name.
• Date of birth.
• Ethnic background, ethnic group, or race.
• Nationality and country of origin, or home country.
• Religious beliefs.
• Languages.
• Family.
• Occupation.

In this screening interview, the individual may also be requested to provide proof of their details, such as a birth certificate or passport. Border officials will ask for reasons for entry into the UK to seek asylum and for information regarding the persecution in the individual’s home country.

The interviewer at this stage will not be asking in-depth questions about the individual’s background, and the interview should only last between one and two hours. From this interview, the Home Office can use the information gathered from screening to grant the individual a substantive interview.

It is worth noting that since January 1st, 2021, the Home Office has reserved the right to assert that any asylum claim is inadmissible if the individual passed through another country where asylum could have been claimed after they left their home country.

After the screening interview, the case will be categorised into one of the following:

• Non-detained general casework.
• Detained non-suspensive appeal.
• Unaccompanied minor.

How the asylum claim is categorised will impact the individual’s case.

Detained non-suspensive decisions mean that claimants will be detained after the screening interview. If this is decided, there will be no right to appeal following a substantive asylum interview.

Unaccompanied minors will have a substantive interview scheduled. Should the Home Office believe that the individual is not under the age of 18, however, it is likely that there will be an order for an age assessment.

The Substantive Interview

A substantive interview is necessary for the individual to be able to provide the Home Office with evidence that relates to why they believe that they qualify to be protected internationally.

The Home Office official will now ask the individual more in-depth questions regarding their background and details of the persecution that the individual experienced in their country of origin.

The substantive interview is one of the most important stages of the process to claim asylum.

This is a very long interview and can last from four to six hours. At this point, the individual also holds the right to bring an immigration lawyer to the interview as a representative. If there is a language barrier, the individual can also bring an interpreter.

Interviews will also be recorded as standard, and it is highly recommended that individuals seek a copy of their recording as well as a written transcript following the substantive interview.

This interview is very emotionally challenging, and individuals are allowed to request a break at any point during the process.

It is understood that these interviews can contain aspects of very traumatic experiences; however, the Home Office does need to remain impartial and objective. This is why it is also not uncommon for the official to question the story of the individual and ask for clarification and such, even if this has already been provided.

Questions To Expect In A Substantive Interview

At this point in the process, the interviewer will ask for the story to be recalled chronologically and for information regarding the reasons to seek asylum. If the individual is uncertain of a date or is unable to remember specifics, this needs to be stated. Applications can be impacted if different dates are stated.

When the individual provides details regarding specific examples of their persecution, having evidence in document format is very useful; however, if this is not readily available, the individual should provide as much information as possible about the relevant incident.

If there was a situation in the individual’s home country in which they were placed in danger due to religion, race, political opinion, nationality, and so forth, the individual should attempt to recall as much information regarding this incident as they can.

This information can include information regarding the people involved, the location of the incident, the time of the incident, the clothes worn by the people involved, and whether or not those involved were members of a police force.

It can also include information regarding if the individual reported the violence, if the individual was imprisoned, and whether the incident resulted in psychological or medical issues, as well as how the individual managed to leave the situation.

If choosing to work with a solicitor or immigration lawyer, the individual must work closely with them before the interview to discuss the story and prepare the most effective approach based on the individual’s situation.

Overview

Individuals who wish to claim asylum in the UK must register their claim as soon as they arrive in the country to make a start on the asylum application process, which is lengthy.

Not doing this immediately upon arrival at the UK border can result in the application being denied. The Home Office may even see this as the individual not being in true danger of persecution if the individual does not claim upon their arrival in the UK.

If the individual arrives in the UK and notifies the border force officials that they wish to apply for asylum protection, then they will be immediately directed to a screening interview with an immigration officer.

At this time, the officials will make a record of the individual’s fingerprints and photographs, and a brief discussion will be had regarding why they are claiming asylum.

If the individual is living in the UK and becomes eligible to seek asylum, they should contact the asylum intake unit as soon as possible to make an appointment for a screening interview with an immigration official.

The screening interview will register the asylum claim, and after this, the individual will be taken under review by the Home Office. If the application is successful, the individual will be invited to a substantive interview for asylum.

How Long Does It Take To Get A Decision On Your Asylum?

Applicants who are claiming asylum in the UK will have their applications decided upon as soon as possible. However, it can take longer than expected if there are complications. Complications can include the following:

• The supporting documents supplied by the applicant need verification.
• The applicant is required to attend more interviews.
• The personal circumstances of the applicant need to be checked. An instance of this could include if the individual has a criminal conviction or if they are being prosecuted currently.

How To Check The Status Of Your Asylum Claim?

Depending on how the individual applied for asylum, they may be able to track the status of their application online. If this is possible, they will be informed of it.

However, this is not often the case, and most will receive a decision as soon as possible. This process cannot be sped up, either.