Overview

You should only make a claim for asylum also known as – international protection if you fear return to your country of origin/ nationality.

To be recognised as a refugee under the 1951 United Nations Convention Relating to the Status of Refugees, you must have left your country and be unable to go back because you have a well-founded fear of persecution based on one of the following reasons:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership of a particular social group e.g. your gender, sexual orientation

After Your Asylum Application

Permission to stay as a refugee

If your application for asylum is successful;

  • You and your dependants will be granted permission to stay in the UK for 5 years as refugee.
  • After 5 years, you may be eligible to apply to settle in the UK.

Humanitarian Protection

  • If it is decided that you do not qualify as a refugee but there are substantial grounds for believing that you would face a real risk of suffering serious harm if returned to your country you may qualify for Humanitarian Protection.
  • You and your dependants may be given permission to stay in the UK for 5 years.
  • After 5 years, you may be eligible to apply to settle in the UK.

Discretionary Leave

If you do not qualify for international protection (Asylum or Humanitarian Protection);

  • You must seek legal advice if you would still like to remain in the UK for other reasons.
  • The Home Office can exercise discretion with any application received. However, it is increasingly difficult to obtain a grant of leave to remain outside of the Immigration Rules.
  • Your successful application may result in a time limited permission to remain in the UK and the right to work.

How can we help you?

The law concerning Human Rights applications is subject to frequent changes, which is why legal advice before starting the process is important.

Joyya Law Associates’ Immigration Solicitors are here to give you a friendly, comprehensive and realistic advice on your asylum and humanitarian applications.

If you would like to know more about any of these areas of law, simply call us on 0161 835 1607 or complete our online enquiry form.