Asylum – Human Right – Detention

Leading Divorce, Family, Property and Immigration Solicitors

0203 935 6479

info@kaysonsolicitors.co.uk

Warlies Park House Horseshoe Hill Upshire, Essex EN9 3SL

Immigration Law in Waltham Abbey

Asylum – Human Right – Detention

We offer a full service from initial application to preparation and presentation for Appeal in the Tribunal Court.

We can also assist our clients with deportation and detention cases.

Asylum Cases
When to claim Asylum in the UK

If you facing any of the following situations:

  • Is there a threat on your life and are under pressure of leaving your country?
  • You may be forced to flee your country and are now unable to return to your country because you fear of being persecuted for your religion, race, nationality and/or opinion.
  • You may be facing persecution in your country due to some reason and need shelter in a country where law is stricter and security tighter.
  • Are you isolated and is the authority in your country failing to protect you.

If you are an individual who is facing any one of the above circumstances, you meet the criteria set out under 1951 UN Convention Relating to the Status of Refugee and/or the European Convention on Human Rights 1950. You may be allowed to enter and reside in the UK as a refuges. To obtain refugee status in the UK, you need to make an application to the Home Office.

Making an asylum application in the UK can be an anxious and stressful process. You are only allowed to claim asylum if you are already in the UK, unless your original application was made in the UK and you have to continue with your application from your country of origin.

If you do not qualify for asylum but require protection in the UK nevertheless, then you may be granted Humanitarian Protection in the UK under the European Convention on Human Rights. Humanitarian Protection will grant you leave to live in the UK until you are able to get back home.

Asylum Family Reunion Plan

Once you have leave to remain in the UK, the authorities also grant leave to your family members in the country under Family Reunion Programme. This programme is for those who have fled to the UK and have had no choice but to leave behind dependents such as spouse, Civil partner, unmarried or same-sex partner and/or minor children.

Protection under Human Rights

Any claim based on potential breaches of your human rights may be incorporated into your asylum application or make a separate application under Article 8.

If your application has not been successful in meeting the criteria of the UN Refugee Convention, then you have a right to make a claim under the Humanitarian Protection category.

To ask the UK for protections you will need to submit a Human Rights Application.

The European Convention is clear on its Human Rights. No individual should be returned to his country where a person will face real threat to life or torture, punishment and/or degradation or any inhuman treatment.

If you are granted leave to remain in the UK under Humanitarian grounds, you will be entitled to stay in the UK for 5 years initially. At the end of this period you can apply for Indefinite Leave to Remain in the UK.

Discretionary Grounds – Leave to Remain

If you have not qualified as a refugee and humanitarian protection, then you can apply for Discretionary ground to remain in the UK.

Detention Centre

Are you currently held in an immigration detention centre? We can assist you with an application for bail.

These applications are time sensitive and preparing for bail hearing has a short time frame. Your chance of success is dependant on factors such as your immigration history and your ability to put forward two sureties.

We are here to help you so please contact us for further information and legal advice on any of the above applications.