If you desire to stay in the United Kingdom because you are in danger in your home country and you seek protection from the UK government, you can apply for private asylum in the UK.
Doing this means you are asking the government of the United Kingdom to offer you international protection. If successful, you will be benefiting from an agreement between the United Kingdom and several other countries under the 1951 Refugee convention.
This asylum program grants refugee status to individuals that can prove that they have a well-founded fear of being persecuted in their home country.
What is an Asylum Claim?
When you apply for asylum in the UK, you are said to have filed an asylum claim. This is your application for protection which explains through your words and evidence that you are afraid to return to your home country. Your application for asylum status needs to state what you are afraid of, what would happen if you return and what the threat is.
An asylum claim aims to prove beyond doubt to the home department that your fear is well-founded and there is indeed a threat from which you seek protection in the UK.
Grounds for an Asylum Claim The UK asylum program is a closely guarded one. There are stringent conditions that a migrant is expected to meet to qualify for asylum. Fundamentally, the most important thing must be that you can prove that you are indeed being persecuted or will be persecuted based on the grounds stipulated in the Refugee Convention. Some of the identified likely reasons for asylum include persecution because of:
● Your Race
● Your Religion
● Your Nationality
● Your Political opinion
● Being a member of a particular social group (gender or sexuality)
A person may seek asylum privately in the UK because of the fear of persecution from the state (the government) or non-state actors (individuals). Persecution in this sense refers to targeted mistreatment of an individual because of their identity, what they do or what people perceive that they are. This is different from discrimination (which isn’t grounds for asylum).
When the persecution is from non-state actors, you must be able to prove that the government of your own country or a third company cannot provide the protection you seek or doing so will further put you in danger.
Hiring an Immigration Lawyer for a Private Asylum Case
Usually, migrants in the UK who cannot afford legal representation but would like to apply for asylum may be able to get public legal assistance for free through the Legal Aid program. This will cover the cost of any legal advice, court representation, or tribunal hearing that they may need. Asylum seekers can get this legal aid if they can prove that they cannot afford to pay for their legal costs.
However, if you do not qualify to get legal, you may still hire a private asylum lawyer to assist you with your asylum claim. Even if you do meet the requirements for legal aid, opting for a private asylum lawyer also offers some benefits over legal aids. Legal aid lawyers have to attend to multiple people. Hence, they can only spend a limited time on your case. Hiring a private immigration lawyer to handle your case gives you access to an array of services and ensures that your case gets all the attention needed to achieve desired results.
Why should I Hire a Lawyer?
The legal process of getting asylum in the UK can be quite complicated. You have to undergo a rigorous screening interview and also provide detailed information and documentation to support your claim. Going through all of these processes on your own can be quite overwhelming which is why getting the assistance of a private asylum lawyer is recommended. They are knowledgeable about the process and hiring one will increase your chances of a successful claim. In addition to leveraging their experience to assist you with your claim, they also offer all the advice you need to help you prepare for your screening and interviews.
Conclusion
When you apply for refugee status with the help of your private asylum lawyer, the home office will consider your application, the details of your interview, and any substantive evidence that you provide to determine if your fears of violence against you are well-founded based on the terms of the refugee convention. A successful asylum claim allows you to remain in the country on refugee status for 5 years after which you may apply for indefinite leave to remain in the country.