Asylum Guideline
If a person faces persecution in their home country they may claim asylum. If they do not have a valid UK visa they are considered an illegal immigrant.
Asylum is a form of protection that a country can give to a person who is facing persecution in their home country. To be recognised as a refugee, the person must have left their country and be unable to go back because of a well-founded fear of persecution, under the 1951 United Nations Convention Relating to the Status of Refugees.
The person has a right to appeal a decision to the Asylum and Immigration Tribunal (AIT) if their visa has expired or they seek asylum without a visa or if they have breached their visa conditions.
The UK can provide a place of safety for genuine refugees. Protection cannot be offered for those people who do not need it.
The European Convention on Human Rights prevents the UK sending someone to a country where there is a genuine risk that they will be exposed to torture, inhuman or degrading treatment or punishment.
Temporary permission to the UK may be granted if the person does not qualify for asylum but there are other humanitarian reasons.
A successful asylum application will result in ILR granted to the applicant after five years of residency in the UK. An unsuccessful application will result in the person leaving the UK either voluntarily or by enforced removal.
Benefits of Asylum
Asylum will enable the person to live in the UK free from fears that faced them in their home country. Asylum provides the person with Refugee Status. The person will be free to work in the UK with no restrictions. The person will receive a British passport after six years of residency in the UK and will be able to enjoy the same benefits as the British.
Asylum Eligibility
To be recognised as a refugee, the person must have left their country and be unable to go back because of a genuine fear of persecution, under the 1951 United Nations Convention Relating to the Status of Refugees.
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