Asylum & Human Rights

Asylum & Human Rights Application in the UK

The UK government offers asylum to individuals who fear persecution in their home country and cannot return safely. Asylum protection displays the UK’s firm commitment to ensuring fundamental human rights. However, seeking asylum or applying for leave to remain based on human rights is a complex process and requires your complete understanding of the criteria and procedures.

You can claim asylum if you fear persecution in your country of nationality or habitual residence on the basis of one of the Geneva Convention Grounds, namely race, religion, nationality, political opinion, or membership in a particular social group.

If your case does not fall under one of these grounds, but you fear that you may be killed or tortured if you were sent back to your country of origin or habitual residence, you can still apply for protection. This is a human rights claim, based on Article 3 of the European Convention on Human Rights (ECHR).

At MGBe Legal, we support you throughout your Asylum Applications and Human Rights Applications in the UK. Whether you are applying for asylum in the UK or relying on Article 3 or Article 8 of the European Convention on Human Rights, our team of immigration lawyers guide you through the whole process.

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Asylum Claims

To claim asylum in the UK, you must demonstrate that you cannot return to your home country due to a well-founded fear of persecution. Here are the key points:

  • Fear of Persecution: You must have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
  • Risk of Serious Harm: You may also be eligible if you are at risk of serious harm or inhumane treatment, and returning to your home country would violate your human rights.
  • Unable to Get Protection: You must have failed to get protection from authorities in your own country.
  • Screening: When you apply, you will have a meeting with an immigration officer (known as a ‘screening’).
  • Asylum Interview: If your claim can be considered in the UK, you will have an asylum interview with a caseworker.
  • Decision: You will be informed of the decision on your application after the interview.
  • You can include your partner and children under 18 as dependants in your application if they are with you in the UK.

At MGBe Legal, our immigration lawyers help you ensure your asylum status by helping you from preparing and submitting your application to providing advice on asylum interviews and documentation in support. Our experienced aylum team ensures that your case is presented clearly and effectively to increase the chance of a positive outcome.

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Human Rights Applications

Generally, Human Rights applications are based on Article 3 or Article 8 of the European Convention on Human Rights and protects individuals from inhumane treatment and/or ensures their right to private and family life are protected. Human Rights applications may also be based on serious medical grounds, long-term residences, or children cases.

Article 8 ECHR: This article protects your right to respect for your private and family life.

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Private Life

This includes your right to live your life privately without government interference. It covers aspects like your personal identity, relationships, and participation in social, cultural, and economic activities. You can submit an application on the basis that you have developed a private life in the UK, under certain circumstances which depend on the strength of your ties to the UK, your current immigration status and your length of UK residence, as well as any obstacles you may face if the UKVI requires you to leave the country.

Family Life

This encompasses relationships between family members, including unmarried couples, adopted children and their adoptive parents, and foster parents and fostered children. It ensures that public authorities do not interfere with your family life without good reason.

Article 8 does not guarantee absolute protection. In fact, public authorities can interfere with these rights, but only if they can show that their actions are lawful, necessary, and proportionate to protect national security, public safety, the economy, health or morals, prevent disorder or crime, or protect the rights and freedoms of others.

In submitting human rights applications based on article 8 ECHR, you have to satisfy the UKVI that an interference in the enjoyment of your rights would be disproportionate, and therefore unlawful.

MGBe Legal serves as your torchlight on the path of preparing your human rights claim. Our immigration lawyers team ensure all required documents are presented clearly and advocates for a fair and timely resolution of your claim.

Appeals against the Decision

If your asylum or human rights claim is refused by the Home Office, you have the right to appeal the decision to the First-tier Tribunal (Immigration and Asylum Chambers).

Appeals are generally very complex and, it is advisable to seek legal support from immigration lawyers. At MGBe Legal, we are qualified to handle asylum and immigration appeals. Our immigration experts are here to help you with the right guidance and give you peace of mind through the appeal process.

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Requirement for Asylum & Human Rights application in the UK

To qualify for Asylum:

  • You must have left your home country and be in the UK. You need to demonstrate that you have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
  • You must demonstrate that returning to your home country would result in serious harm or risk to your life, and that your home country government is unwilling or unable to offer you protection.
  • In some cases, you need to show that there is no safe place in your country of origin, where you can safely relocated.
  • You can also prove in terms of humanitarian protection that returning to your home country would expose you to a real risk of torture, inhumane treatment, or serious harm.

Human Rights Application - Article 8 ECHR

  • You must provide evidence of strong family or private life ties in the UK.
  • You may also prove your specific medical needs that removing you from the UK would lead to severe harm due to the lack of adequate treatment in your home country.
  • Human rights claims are fact-sensitive and at MGBe Legal, we will fully discuss your circumstances to assess the best way forward.

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Required documents, fees, processing time and process for Asylum/Human Rights

The required documents, fees, processing time and application process in UK Asylum and Human Rights Applications will differ as per the type of application you are applying, based on your specific circumstances.

Connect with our immigration lawyers to apply for the correct UK Asylum/Human Rights Application.

Why choose MGBe Legal for Asylum/Human Rights Applications in the UK?

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    FAQs

    1Who is eligible to claim asylum in the UK?
    An individual can claim asylum in the UK if they are unable to return to their country due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
    2What is the process for seeking asylum in the UK?
    The process involves applying upon arrival or as soon as it becomes unsafe to return home, after which the Home Office conducts a screening interview and then an asylum interview before a decision is made.
    3Can asylum seekers work or access benefits in the UK?
    Asylum seekers are generally not permitted to work and do not have access to mainstream benefits but may receive asylum support for housing and daily living expenses from the Home Office.
    4What happens if my asylum application is refused?
    If refused, applicants may appeal the decision or seek further legal advice. Some may be eligible for legal representation to help with appeals or fresh claims.
    5How long can I stay in the UK if asylum is granted?
    Successful asylum seekers are usually given refugee status or humanitarian protection and can stay for a minimum of five years before applying for indefinite leave to remain.