Refugee Protection
If you are at risk of persecution in the event of your return to your country, you may be entitled to be recognised as a refugee and be given permission to remain in the UK. If this applies to you, you should claim asylum.
Your right to protection is based on the 1951 Refugee Convention which is also part of UK law. The UK authorities must protect you and would be unable to return you to your country of origin where you are at risk of persecution.
How we work
Find out more about how we workWhat requirements do you have to meet to be eligibility for asylum or refugee protection?
In order to be recognised as a refugee you must:
- Be outside your country of origin, or if you are stateless, the country in which you usually live;
- Have a well-founded fear of persecution on the basis of your race, religion, nationality, political opinion or your membership of a particular social group that puts you at risk because of the social, cultural, religious or political situation in your country (for example, your gender, gender identity, sexual orientation);
- Be unable or unwilling to get protection from the authorities in your country;
- Be unable to live an any other part of your country where you are able to live in safety that you can reasonably be expected to go or live in another country.
Before assessing whether the criteria above are met, the UK authorities will consider whether they are responsible for examining your claim. They may find that they are not responsible if:
- There is another country which you can go to which has already recognised you as a refugee or given you protection against return;
- There is another safe country which you can go to and ask for protection, where it would be reasonable for you to go to due to a previous connection there. For example if you have previously claimed asylum in another EU country, or have family members living there or you have the right to live legally in another country.
What else do you need to know
What else do I need to know about asylum or refugee protection?
If you do not qualify as a refugee, but there is a real risk that you would be killed or suffer serious harm if you had to go back to your country, you may be granted humanitarian protection.
If you are recognised as a refugee or granted humanitarian protection, you will be issued with a residence permit valid for five years, which is renewable. If your partner or children under the age of 18 applied at the same time as you as your dependants, they will also be issued with a residence permit. After five years, this residence permit may be renewed, or alternatively you can apply for settlement.
You will have the same rights to work, education, healthcare and benefits as a settled person. In addition, you can apply for a travel document, which you are able to use if you want to travel abroad.
How our immigration lawyers can help you
Sarah Rogers
Founder of IAC
Our immigration lawyers have extensive experience of preparing and submitting high quality asylum applications and providing expert legal representation at appeals against decisions of the Home Office to refuse to grant asylum. Our lawyers are accredited with the law society immigration and asylum accreditation scheme confirming their expertise in the field of asylum law.
Our lawyers are able to guide you through the complex procedures to claim asylum, advise you on evidence, conduct country-specific research and prepare detailed legal submissions in support of your claim.
We can help you with as much or as little advice and assistance as you need with tailored packages or individual services giving you flexibility to chose all the assistance you need when you need it. You’ll also have the benefit of access to our innovative client portal, giving everything you need at your fingertips. For those financially eligible, we can also grant you legal aid which would enable you to access our asylum application and appeal services free of charge.
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