Claiming asylum in the UK can often be a stirring 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.
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, more so, 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.
Decision after your 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 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.
Asylum claim approval
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.
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 we help?
Birmingham immigration lawyers 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.
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