Refugees & Asylum Seekers

Asylum Seekers, Refugees and people with Discretionary Leave, Humanitarian Protection and Exceptional Leave to Remain in the UK

Talk Visa Limited advisors are experienced in advising on applications for people seeking asylum in the United Kingdom. We also advise individuals who have been given status such as Discretionary Leave, Humanitarian Protection and Exceptional Leave outside the Immigration Rules.

We are also specialist in representing those whose applications have been refused and have appeal rights to the Asylum and Immigration Tribunal and up to the High Court for reviews.

What is asylum?

If someone is at risk of serious harm (‘persecution’) in their own country, they may go abroad and ask for asylum in another country.

A person who has asked for asylum in the UK and is waiting for a decision on that claim is called an asylum-seeker. Although an asylum-seeker might enter the UK illegally, once they have applied for asylum they are no longer ‘illegal’. They are deemed to be seeking permission to remain in the UK on the grounds of asylum.

The right to claim asylum is in international law. Governments are obliged to provide protection to people who meet the criteria for asylum.

Someone who has received a positive decision on their asylum claim is called a ‘refugee’. Refugee Status is granted for five years, however just before that time runs out, an application can be made for ‘Indefinite Leave to Remain’ in the UK (sometimes known as ‘Settlement’).

Refugees have special rights. They have a right to a Refugee Travel Document and have the right to be joined by certain immediate family members. The husband/wife/civil partner of a refugee and their under age 18 dependant children are covered by the refugee status, even if they have just arrived or not yet sorted out their status, as long as the relationship was in existence when the refugee left their home to seek asylum.

Talk Visa Limited provides specialist advice to Refugees on their rights, and can assist with applications for Family Reunion, and with appeals to the Asylum Immigration Tribunal against refusals of Entry Clearance for Family members.

How Is an Application for Asylum Made?

An application for asylum must be made in person to the UK Borders Agency.

Talk Visa Limited provides specialist advice and assistance with claiming asylum. We can also advise on rights of appeal if an application is refused, and can take appeals to the Asylum Immigration Tribunal and up to the High Court for Reviews.

Some people who apply for asylum are not given refugee status but may be allowed to stay for a limited time in the UK and given another type of leave. For example, Humanitarian Protection or Discretionary Leave. The rights that a person has, for example for family reunion, travel abroad and how long they can stay in the UK will depend on the type of leave they have been granted in the UK.

Talk Visa Limited provides specialist advice on the rights attached to different types of leave, as well as providing expert assistance on applications to extend leave to remain in the UK and on the rights a person has whilst they are waiting for a decision on the application to extend. We are also specialist in appeals to the Asylum Immigration Tribunal against decision to refuse to extend leave in the UK.