Best Asylum Lawyers in Birmingham

About Asylum Law in Birmingham, United Kingdom

The United Kingdom is a signatory to the 1951 Geneva Refugee Convention that seeks to protect people from persecution. Asylum law in Birmingham thus follows the same regulations set out in UK legislation and international law. An individual can claim asylum if they have left their country and are unable to go back due to fear of persecution. The rights of asylum seekers are regulated both by the UK Immigration Rules and the European Convention on Human Rights (ECHR).

Why You May Need a Lawyer

Claiming asylum is a complex legal process and it can be challenging to navigate the system alone. A lawyer can provide crucial assistance in preparing and presenting your claim, ensuring you follow all necessary procedures, and adhering to deadlines. Furthermore, if your claim is initially refused, a legal expert can guide you through the appeal process. Given the serious consequences a negative decision can have, seeking legal advice is highly recommended.

Local Laws Overview

The key aspects of local laws related to asylum in Birmingham and the wider UK include proving a 'well-founded fear of being persecuted'. The persecution should be due to race, religion, nationality, political opinion, or membership of a particular social group. Successful applicants will be granted 'refugee status'. They will be allowed to stay in the UK for 5 years, after which they can apply for 'indefinite leave to remain'. However, the Home Office can refuse a claim if it's believed the person could have claimed asylum in another safe country before arriving in the UK.

Frequently Asked Questions

Can I work while my asylum claim is processed?

Initially, you will not have the right to work in the UK while your claim is being processed. However, if your case has not been settled within 12 months, you may be allowed to work in selected jobs listed on the 'Shortage Occupation List'.

Can I bring my family to the UK?

If you are granted asylum or humanitarian protection, you can apply for your spouse, civil partner, or unmarried partner, and any children under 18 to join you in the UK.

How long does the asylum process take?

In the UK, the Home Office aims to make an initial decision on your application within six months. However, this can vary depending on individual circumstances and the current backlog of cases.

What happens if my application is refused?

If your claim is refused, you may have the right to appeal the decision. You should receive a letter (a ‘notice of decision’) explaining why your application was refused and where you can go to appeal.

Can I study while my asylum claim is being processed?

Yes, children and adults seeking asylum are allowed to study in the UK while waiting for a decision on their application.

Additional Resources

Several organizations provide valuable assistance for asylum seekers in Birmingham. The British Red Cross offers support in the initial stages. Refugee Council provides vital information regarding the asylum process. Additionally, local charities such as Birmingham Asylum and Refugee Association can provide practical advice and assistance.

Next Steps

If you need legal assistance, you should reach out to a specialist immigration attorney or a legal advisor. Given the complexity of asylum law and the potentially severe implications of missteps, professional legal advice should be sought at the earliest opportunity.