Overview of asylum claims
Claiming asylum in the UK can often be a challenging process for many. Whatever the reason for seeking asylum, the parties involved will be under great emotional pressure, so it is in their best interests to make the asylum process as smooth as possible.
You will not receive a decision on your asylum application form until you have attended an asylum interview. You must attend your specified asylum interview when you are asked to; if you do not, your asylum application will be rejected by the Home Office.
Those who are granted asylum will be able to remain in the UK. It can be advantageous to seek legal aid in your asylum claim.
A trained immigration lawyer can assist you in preparing for an asylum interview to allow the claimant the best possibility of success. For more information on how Birmingham Immigration lawyers can help, call our advisors today on 0121 667 6530.
Suspension of Asylum Differentiation Policy 2023
The Nationality and Borders Act 2022 introduced two groups of refugees in the UK: Group 1 and Group 2. Group 1 refugees are granted permission to stay for five years and can apply for settlement, while Group 2 refugees are given temporary permission to stay for 30 months on a 10-year route to settlement. This differentiation aimed to discourage illegal migration.
To further deter illegal entry, the government introduced the Illegal Migration Bill, which makes asylum claims inadmissible for those who arrive illegally through safe countries, and imposes a duty to remove them. As a result of these changes, the differentiation policy will be paused in July 2023, and all successful asylum applicants will receive the same conditions regardless of their group.
Additionally, a streamlined asylum processing model was announced for certain nationalities with high asylum grant rates, including Afghanistan, Eritrea, Libya, Syria, Yemen, and Sudan. Positive decisions for well-founded cases in these nationalities can be made without an additional interview, and no asylum application will be refused without an opportunity for an interview. Sudanese legacy claimants are being processed in line with established policies, with a commitment to clear the backlog of legacy asylum claims by the end of 2023.
Transparency in Withdrawing Asylum Claims 2023
The updated paragraph 333C clarifies the circumstances for withdrawing asylum claims and strengthens the process to promptly withdraw applications from non-compliant individuals. It specifies that withdrawn claims won’t be considered, allows flexibility for explicit withdrawals, and places the burden on claimants to keep the Home Office updated with their contact details. Failure to comply may lead to withdrawal of their asylum claim. These changes aim to focus decision-making resources on genuine asylum claimants in the UK. The changes to the Immigration Rules will be implemented in July and August 2023:
- In July 2023, the changes regarding Asylum including the pause of the differentiation policy took effect.
All remaining changes will be enforced on 7 August 2023.
The asylum interview
After you have attended a successful screening interview with a caseworker, you will be invited by letter to attend an asylum interview at the asylum office.
The interview will take place individually, with your dependants being interviewed on a separate basis if there are any.
Your interview is your opportunity to explain exactly why you wish to claim asylum in the United Kingdom.
The asylum interview is not there to catch you out, but rather to ensure you get the support you need. Use your interview time to tell your interviewer exactly why you are in fear of returning to your home country and how you faced persecution in your country.
You must be prepared to talk openly about difficult and sensitive issues. It can work to your advantage to be as cooperative as possible. All information given to the asylum office will be dealt with the strictest confidentiality.
You should bring any evidence of your persecution to your interview for your caseworker to take note of. You may be contacted after the interview is over for further evidence, should it be required from you. This may slow down the asylum process.
Throughout the interview at the asylum office, the caseworker will be taking notes. This is nothing at all to worry about, it is a formality known as an ‘interview record’, which you will have access to after your interview.
What happens after the interview?
After you have successfully attended your asylum interview, you can expect to receive a decision on your asylum claim within 6 months. There are some instances in which your asylum application could be delayed further. For example:
- Verification of your supporting evidence and documents is required
- It has been requested that you attend additional asylum interviews
- You have certain personal circumstances that need to be looked at more closely (criminal convictions)
Waiting on a decision for such a long period of time can seem very intense and nerve-wracking, so, it is very important to remember that you have done all you can from your end. You can reach out to your legal representation to seek advice on your asylum process on your behalf.
What happens if my claim is approved?
If you are granted asylum by the Home Office, you will be informed as soon as the decision is made. There is a selection of outcomes that mean you can remain in the UK. These are as follows:
Permission to stay as a refugee
Being given refugee status means that you and any family members who also applied can stay in the United Kingdom for five years. This permission is better known as leave to remain; which is a route to indefinite leave to remain. You can apply for settlement in the UK after your five-year period of stay is up. You must apply for this before your leave to remain in refugee status is due to expire.
Permission to stay for humanitarian reasons
Permission to stay for humanitarian reasons is based on the fact that an applicant may not be eligible for asylum but needs to stay within the United Kingdom for their own safety. This again allows the parties to stay in the UK for five years on a leave-to-enter basis.
Permission to stay for other reasons
If for any reason you are not eligible for stay on the grounds of refugee or humanitarian purposes, you may still be granted leave to remain for other reasons. The length of your stay will be based on you and your family members’ personal circumstances.
What happens if my claim is denied?
If your asylum application is denied by the Home Office, you will be asked to leave the United Kingdom. You must leave off your own accord, or you may be removed from the country after being detained at an immigration removal centre.
You may be able to appeal your asylum claim, but you must do so within the specified timeframe. You can seek the help of a solicitor to appeal your application. You usually have 14 days to file your appeal, where your case may be put in front of an immigration judge at an immigration court.
If your appeal is still unsuccessful, you must leave the UK and return to your home country.
How can Birmingham Immigration Lawyers help?
Asylum claims can be a highly complex and difficult field to navigate, especially if you’re attempting to do so on your own.
If you’re looking to make an asylum claim, or you’ve made one and need extra clarification or reassurance as to the next steps to take, Birmingham Immigration Lawyers are here to help.
We have a wealth of experience in dealing with asylum claims. The process can be challenging for many, so the added aid of legal representation can be beneficial in the long run. Our lawyers can deal with the Home Office on your behalf and assist you with preparing for your asylum interviews. We will deal with your sensitive or confidential information with the upmost diligence.
For more information the immigration services we can offer you, call our team today on 0121 667 6530.
Last modified on November 22nd, 2023 at 1:27 pm
Comprehensive immigration advice tailored to your circumstances and goals.
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.