Monthly Archives: September 2020

How To Claim Asylum In The UK

How To Claim Asylum In The UK

A sure-fire way to ensure the media heat moves off any political failures by the British government, such as a lack of progress when it comes to Brexit negotiations and an appalling response to the Coronavirus pandemic, is to shift the public’s focus onto migrants. Suddenly this summer, the papers were full of stories involving British shores being "swamped" by ‘illegal’ migrants.

Contrary to the rhetoric espoused continuously by the right-wing press, it is perfectly legal to travel across the English Channel and seek asylum (although people smuggling is illegal).

Britain is home to a minuscule 1% of the world’s 29.6 million refugees, and asylum seekers make up a tiny proportion of UK migrants. Most people come to Britain for work, study, or family life.

There is significant confusion regarding claiming asylum in the UK. This article answers some of the questions our immigration lawyers are commonly asked.

What are the laws governing the right to seek asylum?

Article 31 of the UN Refugee Convention states that:

The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.

There is no rule in international law that people fleeing persecution must claim asylum in the first safe country they enter. In 1999 Lord Justice Simon Brown ruled in R v Uxbridge Magistrates Court (ex parte Adimi) [1999] Imm AR 560 that "some element of choice is indeed open to refugees as to where they may properly claim asylum". The judge stated that "any merely short-term stopover en route" to another country should not forfeit the individual’s right to claim refugee status elsewhere.

Most people seeking asylum in the UK do so because they speak English and/or have family members already in the country.

What is a screening interview?

A screening interview will take place between one to five days after you arrive in the UK. It usually be conducted at Lunar House in Croydon. You should take your passport as proof of identity and if possible, proof of your accommodation, for example, a utility bill.

At the interview, your biometric information (fingerprints and a photograph) will be collected and you will be issued with an Application Registration Card.

The immigration officer at the screening interview will ask several questions, including:

  • What is your nationality?
  • Do you feel safe at your current accommodation?
  • What is your main language?
  • Why have you come to the UK, and how did you get here?
What is a substantive interview?

The second interview you must attend if you are claiming asylum in the UK is called a substantive interview. It is a face to face interview, and you will be asked questions about why you fled your home country and your grounds for seeking asylum in Britain. If you cannot speak sufficient English, an interpreter will be provided via video link.

Be prepared for this interview to be intense. Take advantage of any breaks that are offered. If you feel tired, confused, or emotional, it is best to ask for a break to collect yourself. You may have an immigration solicitor with you, but they may only intervene if there is a risk of a misunderstanding between you and the caseworker occurring.

An immigration solicitor can provide invaluable help in preparing for the substantive interview. You will be asked hundreds of questions, and the caseworker will be looking for any inconsistencies. An immigration law specialist can conduct mock interviews with you, ensuring you feel confident and sure of your answers when you finally meet with your caseworker.

Once the interview is over, you and your solicitor will receive a written record. Your solicitor will review the document and quickly contact the Home Office if any mistakes are present. There is a five-day window for you to submit any new evidence that you believe may assist in your claim for asylum in the UK.

You should receive a decision within six months of claiming asylum. If your claim is successful, you will be granted five years’ refugee status.

Based in Birmingham and London, UK Migration Lawyers is one of Britain’s premier immigration law firms. Please phone our office on 0121 777 7715 to make an appointment with one of our immigration Solicitors.

If You Employ Overseas Talent, You Need A Sponsor Licence

If You Employ Overseas Talent, You Need A Sponsor Licence

When the UK fully leaves the EU at the end of the transition period on 31 December 2020, EU/EEA nationals will need to obtain a visa to live and work in Britain. This constitutes a major change for employers, many of whom are facing a skill shortage once freedom of movement ends.

If you are an employer and rely on overseas talent to run and grow your business, you need to apply for a Sponsor Licence. It is best to do this sooner rather than later, as there is likely to be a rush of applications filed at the start of 2021.

Sponsor Licence eligibility requirements

To be eligible for a Sponsor Licence, your business must provide documents to show:

  • it is a genuine commercial entity and operating and trading in the UK
  • the human resources (HR) systems can meet the stringent compliance requirements, including record keeping and reporting duties
  • it can offer genuine employment in the categories it is applying to be licensed under
  • no director has a criminal record or previously breached any immigration laws

It will take up to eight weeks to be approved for a Sponsor Licence, and there is no fast-track. And several factors could lead to a delay:

  • UK Visas and Immigration (UKVI) decide that a pre-licence visit is required. This is common in industries considered high-risk, such as catering, hospitality, and IT.
  • Collating the necessary documents and putting them in the correct order can take some time. Not sending your supporting documents to UKVI within five days of the application being submitted will result in a refusal; therefore, it is best practice to collate all the documentation before sending in the application.
  • Difficulty appointing key personnel (see below) to perform the required compliance roles. If you are having difficulty, you can instruct an immigration lawyer to take over many (but not all) of the compliance requirements for you.

Your organisation will also need to provide information regarding the following:

  • Why it is applying for a Sponsor Licence.
  • The sector it operates in.
  • Its opening and operating hours during the week.
  • An up to date hierarchy chart detailing any owners, directors, and board members.
  • If the organisation has 50 employees or fewer, a list of all employees and their job titles.
  • The names of all of the people who have access to the email address supplied with the online Sponsor Licence application.
  • A landline telephone number
Proof that you can meet compliance requirements

You must have a system in place that allows you to monitor migrant workers’ immigration status to ensure they do not continue working for you after their leave to remain has expired. Putting diarised reminders relating to employees’ visa expiry dates in at least two staff members calendars will mitigate the risk of a right to work follow up check being missed.

The key personnel roles and requirements

The three key personnel roles UKVI require you to have in place are:

  • Authorising Officer – this must be a senior person in the organisation. They should be responsible for recruiting migrants and ensuring Sponsor Licence compliance is met.
  • Key Contact – acts as the main point of contact between the business and UKVI. This role is often performed by an immigration lawyer.
  • Level 1 User – has full access to the Sponsor Management System (SMS) and is accountable for the day-to-day operation of the licence. They can perform several tasks, including changing details of the organisation on the licence summary, and applying for and assigning Certificates of Sponsorship.

It is advisable to have a back-up Level 1 user to provide cover in case of illness or holidays being taken.

How an immigration solicitor can assist

If you have never applied for a Sponsor Licence before, investing in experienced legal advice can make a significant difference in your chance of submitting a successful application. Your solicitor will visit your business premises in person, examine your HR systems and discuss any weaknesses that need addressing. They will also advise you on the documentation you need to collate and ensure it is presented in the correct order. Furthermore, they can run your SMS for you, ensuring it is always up to date and advise you of any changes to immigration law that may affect your compliance duties and responsibilities.

With the right professional support, applying for a Sponsor Licence is a straightforward process. Please phone our office on 0121 777 7715 to make an appointment with one of our immigration Solicitors.

UK Migration Lawyers is authorised and regulated by the Solicitors Regulation Authority (SRA Number 497640). Accredited immigration Law Solicitors. UK Migration Lawyers Ltd. / All rights reserved. Company Registration No 06702262 / Registered in England and Wales.