Asylum and Protection Applications

Asylum, Humanitarian Protection and Discretionary Applications

If you are forced to flee your country of nationality because of persecution, you can seek protection from the UK government.

This is an extremely complex area of law and it is important to obtain legal advice early so you understand the requirements and processes involved.

Public funding - 'legal aid' - is available for asylum and protection applications, which we can advise you about.

Immigration Law - Asylum, Humanitarian and Discretionary Applications - Legal Advice

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Asylum and Human Protection applications

Successful asylum applicants will be recognised as Refugees.

If removal to your home country would place the UK government in breach of their Human Rights obligations, you may be offered Humanitarian Protection.

You can request permission to work if a decision on your application is not made by the Home Office within 12 months. However, this right is not automatically granted.

Discretionary applications

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.

Applications that don't quite fit the requirements may benefit from detailed legal representation.

Human Rights applications

Since the Human Rights Act 1998 was implemented, any decision made in regards to an individual entering or remaining in the UK has to be compatible with the rights set out in the European Convention of Human Rights.

If your Human Rights application is refused you can appeal against the decision on the basis that the decision breaches your human rights.

How can Simpson Millar LLP help me?

The law concerning Human Rights applications is subject to frequent changes, which is why legal advice can sometimes be beneficial.

At Simpson Millar LLP, our Immigration Solicitors can give you advice on the changing law, help you to prepare evidence and instruct experts if needed.

We can also advise on your appeal rights and represent you at appeals - so give us a call today.

Contact our solicitors now to get the immigration advice you need. Complete our no obligation online enquiry form and we will call you back or you can call us directly on freephone: 0808 129 3320.

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Emma Brooksbank - Partner | Immigration Law - Leeds

Emma Brooksbank
Partner, Head of Immigration (Leeds)

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