You can apply for asylum if you want to stay in the UK as a refugee.
To stay in the UK as a refugee you must be unable to live safely in any part of your own country because you fear persecution there because of:
You must been unable or, due to your fear and circumstances, unwilling to get protection from authorities in your own country.
Your claim for asylum might not be considered if you:
Family members such as your partner and your children under 18 can be includes as as ‘dependants’ in your application if they are with you in the UK.
These family members can also make their own applications for asylum and these claims will be treated independently.
HP is designed to provide international protection where it is needed, to individuals who do not qualify for protection under the Refugee Convention.
It covers situations where someone may be at risk of serious harm if they return to their country of origin but they are not recognised as refugees because the risk is not of persecution for a reason covered by the Refugee Convention.
Serious harm is defined as consisting of:
If your claim for asylum or humanitarian protection is successful, you will be granted permission to remain for five years.
Once you have been granted refugee status or humanitarian protection, the Secretary of State for the Home Department provides a family reunification programme that allows you to bring your family to the UK.
Your partner or child can apply to join or stay with you in the UK if:
If their application is successful, your family members will be allowed to come to or stay in the UK on the same basis as you as you.
Your partner must be someone with whom you remain in a genuine relationship with and are either married to or in a civil partnership with.
If you are not married or in civil partnership your partner can apply if:
You and your partner must intend to live together and continue your relationship after they apply.
Children applying for family reunion must:
If your initial claim for asylum was unsuccessful, and you have exhausted your appeal rights, you may submit a second claim for asylum in what is known as a “fresh claim”.
The submissions will only be considered a fresh claim if they significantly different from material previously considered. Significantly different content is identified as:
Fresh claims generally have a lower success rate on average and it is important that you instruct a qualified solicitor before submitting a claim to the Secretary of State.
At Descartes Solicitors our experienced lawyers can assist you whether you are making an initial or fresh application for asylum, humanitarian protection or family reunion or whether you have been refused and wish to exercise a right of appeal.
Descartes Solicitors can provide trustworthy advice on any new evidence and prepare detailed representations in order to increase your chances of success.
For further information please contact us on 0208 995 3556 or on 0844 556 9901. You can also email us at email us at firstname.lastname@example.org