Free Solicitors for Asylum Seekers in the UK

Free Legal Aid Solicitors for Asylum Seekers: Services Offered

The “free” service referred to here is provided through legal aid. Our services are free for eligible clients, but the government covers the costs under the legal aid scheme. To qualify, you must meet the legal aid eligibility criteria. There are no asylum fees in UK, as the Home Office does not charge those making an asylum application.

Navigating the asylum process can be complex. Legal aid is crucial for navigating it, covering a range of asylum-related matters, including asylum applications and human rights claims.

Legal aid also supports individuals facing detention and bail proceedings and assists individuals facing deportation or citizenship deprivation on national security grounds.

However, it also covers Leave to Remain or settlement applications and assistance with judicial reviews. You can significantly improve the chances of a successful claim by seeking professional legal representation.

Asylum and Legal Aid Services

Without legal aid, many individuals fleeing prosecution would struggle to access justice and find protection in the UK. Legal Aid solicitors can assist asylum seekers in preparing asylum applications, helping them appeal, representing them, and advocating for their rights in legal proceedings.

Therefore, free legal advice benefits vulnerable individuals by ensuring they receive fair treatment under the law, regardless of their financial situation. It protects people from prosecution, prevents wrongful deportations, and upholds human rights law.

Asylum seekers are offered expert legal representation and assistance by lawyers specialising in immigration law who can help them with all aspects of their asylum process, including claims, asylum interviews, and appeals.

When you register your asylum claim, you may also be eligible for other asylum support (including housing and money to support you and your family). Call IAS at +44 (0)333 414 9244 and speak to one of our advisers to understand if you qualify.

Types of Free Legal Aid for Asylum Seekers

Asylum seekers may receive legal aid for:

• Asylum applications and appeals
• Human rights claims (for example, those made by victims of trafficking)
• Detention and bail cases, assisting individuals in securing their release from immigration detention
• Special Immigration Appeals Commission cases, such as deportation or citizenship deprivation
• Judicial reviews where an immigration lawyer determines the case has valid legal grounds

Please note that legal aid advice is also available for victims of domestic violence who can apply for leave to remain under the Domestic Violence Leave to Remain (DVILR) route.

Legal Aid for Individuals with Limited Financial Means

Legal aid is available for individuals with limited financial means. Eligibility is assessed based on income, savings, and the nature of the case.

Individuals with limited financial means who would not typically qualify for legal aid have access to the Exceptional Case Funding (ECF). ECF aims to ensure access to justice in cases where legal aid is not automatically available, but failing to provide funding would breach an individual’s human rights.

ECF is therefore used for more complex or exceptional asylum or immigration cases, including those involving victims of trafficking, those with serious health conditions, or at risk of torture.

Fresh Claims for Asylum

A fresh claim for asylum applications is a new asylum application made after a rejected or refused previous claim. You can’t submit another asylum claim if you have applied for asylum before and have been denied.

Instead, you must submit a fresh claim and go through a further submission process where the Home Office will decide if your case merits re-examination.

This process is based on new evidence, information or circumstances that were unavailable at the time of the previous claim.

The Process of Submitting a Fresh Claim and the Required Documentation

To submit a fresh claim, you must demonstrate new evidence or changes in your circumstances to show that your asylum case should be reconsidered. In this process, you provide updated proof and information, such as:

• New witness statements or testimonials from people who can support your claim
• Medical reports or psychological assessments, for example, if your health has deteriorated due to the conditions you are feeling or as a result of previous trauma
• Evidence of risk in your home country, such as changes in government law or violence that affects your safety

To prepare your further submissions, you must present your new evidence to the Home Office through a written submission. This submission should include a cover letter, detailed explanations about the latest evidence and supporting documentation.

After attending an in-person appointment at the Home Office, the new evidence will be verified by independent experts (if required), and you will need to wait for a decision. For more details, please refer to our Fresh Claim Asylum page.

Potential Outcomes of a Fresh Claim

Once you submit a fresh claim, the Home Office will assess it to decide whether the new evidence is sufficient to reconsider the application. The outcome of a fresh claim depends on the quality of the evidence submitted and can significantly impact your legal status in the UK.

The fresh claim can lead to the following potential outcomes:

• Acceptance of the fresh claim – the Home Office may decide that you have provided substantial evidence to be granted asylum or another form of protection, including refugee status, humanitarian protection, or discretionary leave to remain
• Rejection of the fresh claim – if the Home Office determines that the new evidence submitted does not change your case, your fresh claim may be rejected. Still, you may appeal the decision (if you have the legal right to do so), challenge the refusal through a judicial review (if there are valid legal grounds), or submit additional evidence
• Request for further information – if the Home Office decides that the evidence requires further review and additional information, they may refer you to an independent expert to verify the proof and request further documents. This can mean it takes longer to process your case

Asylum Appeals

If your asylum application has been rejected, you may appeal the decision based on legal grounds, including:

• Error in the procedure, where the Home Office failed to assess the evidence adequately
• A genuine risk of harm due to the applicant’s nationality, political opinion, religion, or race
• Human rights violation, where returning to the home court would breach the Human Rights law
• New or overlooked evidence that was not considered during the initial decision

Navigating the appeal process in asylum cases is complex. IAS can represent you in your case and assist you throughout the process to increase the chances of success for your appeal.

Call IAS today at +44 (0)333 414 9244 to discuss your case with one of our advisers, or contact us online.

The Role of Legal Representation in Appeals

The appeal process can be complicated, preventing individuals from appealing. Immigration lawyers can provide legal representation and help you with:

• Gathering and drafting legal documents
• Ensuring that you understand why your application was refused
• Preparing a strong case by obtaining expert reports
• Suggesting alternatives and explaining any consequences
• Representing you and presenting the case at the hearing
• Ensuring fair treatment

For more details on asylum appeals, visit our Asylum Appeals page.

Family Reunion

The family reunion allows refugees to reunite with their immediate family members separated by conflict or prosecution, ensuring they can live together.
Family reunions are essential for providing stability and support for people adjusting to life in the UK, helping them integrate and navigate language barriers and cultural differences.

Eligibility and Requirements for Family Reunion Applications

To be eligible for a family reunion route in the UK, you must have a recognised refugee status or humanitarian protection. You can only sponsor your immediate family members (spouse, civil partner, or children under 18). Applicants must meet the following requirements:

• The relationship between the sponsor and the family member must have existed before the refugee fled their home country
• Applicants must provide supporting documents for their application, including:
  • Marriage or civil partnership certificates
  • Birth certificates for sponsoring children
  • Photographs, communication records, witness statements, etc, to demonstrate the relationship
• Family members must be able to travel to the UK and will need to provide biometric information and medical reports

Challenges Faced by Individuals Seeking Family Reunion in the UK

Family reunions are crucial in reuniting refugees and individuals granted humanitarian protection in the UK to reunite with their loved ones. However, applicants may face challenges that delay or complicate their case, including:

• High case volume, requests for additional documents, and security checks often delay processing times, which can be distressing for those who have already spent time apart from their family
• Although the Financial Reunion application is free, the applicants must cover some costs, such as travel for family members to the UK, document translation, and certification
• Risk of refusal due to reasons such as insufficient evidence or incomplete forms
• Lack of psychological support for refugees and their family members

Learn more about asylum support and the Family Reunion application process here.

Is Legal Aid Available for Your Case?

One of the key steps to determining your eligibility for legal aid is understanding the requirements. To assess your eligibility for legal aid in immigration or asylum matters, you must:

• Determine if you qualify financially for legal aid, as it is typically only available for individuals with low income or receiving government benefits
• Ensure your type of case qualifies as legal aid is only available for specific cases, including asylum applications and appeals, human rights claims, deportation or detention cases, and judicial reviews
• Seek legal advice by working with a solicitor who can assess your financial status and case details to determine whether you qualify for legal aid

How Can IAS Help?

Applying for asylum in the UK is challenging, but contacting a solicitor can ease the process.

IAS has a team of expert legal aid solicitors available to provide free legal representation for eligible clients. Our reliable and friendly immigration advisers can help you assess your eligibility and determine the best route for your situation to ensure they receive the support you need.

If your asylum application is refused, we can help you appeal the decision or pursue a judicial review if there are legal grounds. We also ensure that they receive the support they need for their case.

Contact us today on +44 (0)333 414 9244 or visit us online, to check if you qualify for legal aid and get assistance with your case.