How UK Asylum & Human Rights Claims Can Help?
Asylum and human rights claims offer you a way to seek protection in the UK. If you are at risk of persecution in your home country and returning would endanger you, you may qualify for refugee status and permission to remain in the UK.
Even if you are not eligible for asylum, you may still have the right to apply for leave to remain on asylum support and human rights grounds.
Eligibility Criteria to be Recognised As a UK Refugee
To be recognised as a refugee, you must meet the following criteria:
- Be outside your country of origin, or if stateless, the country where you usually reside.
- Have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, which could be related to social, cultural, religious, or political circumstances (e.g., gender, gender identity, sexual orientation).
- Be unable or unwilling to seek protection from your country’s authorities.
- Have no part of your country where you can safely reside and reasonably be expected to relocate.
Whether claiming asylum or submitting a human rights application is the right course of action for you, our experienced team will guide you through the process. Ensuring that your application is comprehensive and convincing, we will give you the best chance of a successful outcome.
How to Qualify for UK Asylum Support & Human Rights?
To qualify for asylum and protection, you must be able to demonstrate that your native country is unwilling or unable to offer you protection from persecution if you return to your country.
As a signatory to the 1951 Refugee Convention, the UK is obligated to consider your asylum application and grant asylum if there are credible reasons to believe you will face persecution upon returning to your country of origin.
It is important to understand that if you do not qualify as a refugee but face a real risk of being killed or suffering serious harm if you return to your country, you may still be granted humanitarian protection.
This can be achieved through:
- Claiming asylum and seeking protection in the UK.
- Submitting a human rights application to the Home Office, such as under Article 8 (right to respect for family and private life) or Article 3 (prohibition of torture and inhuman or degrading treatment).
At Axis Solicitors, we specialise in helping clients secure their right to stay in the UK and obtain legal protection from persecution.
The 1951 Refugee Convention
The 1951 Refugee Convention, also referred to as the Geneva Convention of 28 July 1951, is a multilateral treaty established by the United Nations. This treaty explains the definition of a refugee and the rights of those who are granted asylum, as well as the obligations of the nations that provide asylum.
To be eligible for asylum and international protection under the 1951 Refugee Convention, you must demonstrate that your home country is either unable or unwilling to protect you from persecution if you were to return.
Article 3 of the European Human Rights Convention
The European Convention on Human Rights, under Article 3, provides a crucial safeguard against inhuman or degrading treatment. If you fear such treatment upon return to your country of origin, this article may form the basis of your claim for protection in the UK.
At Axis Solicitors, we have extensive experience navigating the complexities of Article 3 applications. We understand the gravity of these situations and the profound impact they have on individuals’ lives. Our dedicated team approaches each case with the utmost sensitivity, working tirelessly to understand your unique circumstances and gather the evidence needed to build a compelling case on your behalf.
We have a proven track record of success in securing protection for those who face the risk of inhuman or degrading treatment. Our expertise in human rights law, combined with our unwavering commitment to our clients, enables us to present persuasive arguments to the Home Office and advocate for your right to safety and security in the UK.
If you believe you have grounds to remain in the UK under Article 3, contact Axis Solicitors today. We are here to offer expert guidance and support throughout this challenging process.
Article 8 of the European Human Rights Convention
The European Convention on Human Rights safeguards your right to family and private life under Article 8. If you have established strong ties to the UK, whether through family residing here or a well-developed private life, this fundamental right may be the key to securing your leave to remain.
Article 8 applications are intricate and demand a thorough understanding of UK immigration law. At Axis Solicitors, our seasoned immigration team possesses the expertise to assess your individual circumstances, meticulously evaluate the strength of your UK connections, and construct a compelling case on your behalf.
We understand the importance of family and private life in the UK. Our proven track record of successful Article 8 applications speaks to our dedication to securing your right to remain in the country you call home.
Contact Axis Solicitors today for a free initial assessment. Let us help you navigate the complexities of Article 8 and safeguard your future in the UK.
What is the Streamlined Asylum Processing (SAP)?
The Streamlined Asylum Processing (SAP) is a UK Home Office procedure introduced to reduce the asylum backlog and speed up decisions. It was launched in February 2023 and applies only to specific categories of asylum claims.
- Introduced in February 2023 to speed up asylum decision-making
- Applies to claims lodged before 7 March 2023
- Limited to applicants from countries with high grant rates (e.g. Afghanistan, Eritrea)
- Replaces the substantive interview with a detailed written questionnaire
- Decisions are mainly based on written evidence and supporting documents
- Designed to resolve straightforward cases more quickly than the standard process
The SAP is currently under review and paused for new cases, with later claims assessed under the Illegal Migration Act 2023.
How Does the Asylum Support Process Work?
1. Registering an Asylum Claim
- Asylum claims must be registered at a screening with an immigration officer
- Screening can take place at the UK border or inside the UK
- Registration applies when you arrive or become eligible after entry
2. Screening Interview
- You will be photographed and fingerprinted
- An interview is conducted to confirm identity and country of origin
- You explain why you are seeking asylum, with written evidence if available
3. Successful Applications
- Refugees or those granted humanitarian protection get a 5-year residence permit
- Dependants (partner and children under 18) may also receive permits
- After five years, you can apply for renewal or settlement
4. Rights After Grant of Status
- Full rights to work, education, healthcare, and benefits
- Equal access to services as a settled person
- Eligibility to apply for a travel document
5. Important Considerations & Legal Support
- Claims before 28 June 2022 fall under previous legislation
- Claims from 28 June 2022 are assessed under the Nationality and Borders Act 2022
- Axis Solicitors offers a free initial assessment with affordable fixed-fee services
Eligibility Requirements for Refugee Settlement in the UK
1. Residence and Permit Requirements
- You must have held refugee or humanitarian protection status for five continuous years
- Your residence permit must have remained valid throughout this period
- The permit must not have been revoked or refused renewal
2. Criminal Record Thresholds
- No prison sentence of four years or more
- Specific waiting periods apply for shorter custodial or non-custodial sentences
- All criminal history is assessed against statutory time limits
3. Conduct and Character Assessment
- You must not be considered to have caused serious harm through offending
- Persistent offending or disregard for the law may lead to refusal
- You must not be deemed a risk to national security or public safety
4. Loss of Refugee Protection
- Voluntary return to your country of nationality may lead to revocation
- Re-acquiring or obtaining new nationality can affect your status
- Significant and durable changes in country conditions may end protection
5. Incorrect or Incomplete Documentation
Applications are commonly refused due to missing or invalid documents.
- Documents not translated into English
- Missing signatures on key forms or letters
- Outdated financial or accommodation documents
- Uploading the wrong files or mislabelled PDFs
- Lack of consistency between forms and supporting evidence
5. Revocation and Refusal Outcomes
- Serious crimes or exclusion under the Refugee Convention can lead to revocation
- Fraud, misrepresentation, or false documents may result in loss of status
- If settlement is refused but protection remains needed, three years’ limited leave may be granted
