Asylum and Human Rights
If you fear returning to your home country then we can help.
We are renowned for our outstanding representation of those in need of asylum. The LUPINS team have handled and managed many high profile asylum claims coupled with extradition and deportation matters. We are able to assist in any claim at all levels, including those with complex features and have taken cases as far as the Supreme Court and European Court of Human Rights. We can also assist in submitting fresh claims for asylum where appropriate.
Please note that the advice below is no substitute for seeking advice directly from one of our experts as every case is different and is legally and factually unique. In all cases it is essential to obtain our advice as soon as possible.
Delaying your claim can have an adverse impact upon your case.
The 1951 Refugee Convention
If you cannot return to your home country because you have a well-founded fear of persecution, then you may qualify for refugee status.
To remain in the UK as a refugee you must be unable to live safely in any area of your home country because you fear persecution and the authorities are unable or unwilling to protect you.
This persecution can be because of:
Membership of a particular social group, i.e your sexual or gender identity.
The reason that you cannot return to your home country may develop or escalate when you are in the UK. Even if you have current leave to remain, if you fear returning before that leave expires you must seek advice from us as soon as you think you cannot return home.
Human rights; Article 3 of the European Convention on Human Rights and Humanitarian Protection
If you do not meet the requirements above you may still be able to remain in the UK if you are at risk of harm in your home country for a reason not covered by the 1951 Refugee Convention; for example because you will be prosecuted and face torture or the death penalty, or death or inhuman and degrading treatment due to withdrawal of medical treatment on return to your home country. If you are successful in your claim you could be granted humanitarian protection in the UK.
Some say we’re experts, we say we’re established
Others say we’re helpful, we just say we’re LUPINS
Permission to stay
and Indefinite leave to remain – settlement
If your claim for asylum or humanitarian protection is accepted, you and your dependants should be given permission to stay in the UK for 5 years. If after 5 years you still cannot return to your home country you can apply to settle in the UK.
Our overriding aim, is to ensure that you obtain your visa to enter the UK and also make sure that you are in the best possible position to make a successful application for your extension of stay and ultimately settlement. Once you have been settled in the UK for 12 Months, you may be eligible to apply for Naturalisation as a British Citizen should you so wish. At LUPINS, we can also help you with your applications for British Nationality.
Your Family and Family reunion
Your spouse or partner and children under the age of 18 who are with you in the UK as your dependents, can apply for asylum and humanitarian protection at the same time as you. If you came to the UK without your family and are granted leave to remain as a refugee or granted humanitarian protection, you can apply for your family members outside the UK to come and join you. This applies to your spouse, civil partner or unmarried partner, and children under 18 who were part of your family unit before you left your home country.
Some call us persuasive, we call ourselves commanding.
Others call us dependable, we call ourselves LUPINS.
LUPINS Supporting you all the way
Our lawyers have extensive expertise in this field and can assist you and your family, preparing and submitting your asylum application and providing you with expert legal representation throughout the process.
If your claim is refused and you need to appeal we will ensure that your case is presented at Court with the highest standards of expertise. At LUPINS, we will make sure that you have all the required advice and assistance from our specialist lawyers and Barristers so as to ensure you have the best possible chance of success.
Put simply, our immigration solicitors will hold your hands throughout the process,
liaising with all relevant government bodies, including UK Visas and Immigration,
British Consulate, overseas agents and where necessary the courts.