Your rights to live, visit or
seek protection in the UK
seek protection in the UK
Expert help. From asylum and visas to citizenship and settlement applications.
Qualifying for asylum as a refugee
You have a right to apply for asylum in the UK if you can show that you risk being persecuted in your home country.
Persecution can be based on your race, religion, nationality, political opinion or for belonging to a particular social group. Any of these reasons may mean you qualify for protection as a ‘refugee’. If you can demonstrate the facts of your case to the required standard, you will be granted Refugee Status.
When you apply for asylum in the UK, you are asking the Home Office to recognise you as a refugee. This is defined in the 1951 United Nations Convention Relating to the Status of Refugees.
If your application is refused, you still have the right to appeal. This will give you the chance to provide any new information that was not previously available.
Persecution can be based on your race, religion, nationality, political opinion or for belonging to a particular social group. Any of these reasons may mean you qualify for protection as a ‘refugee’. If you can demonstrate the facts of your case to the required standard, you will be granted Refugee Status.
When you apply for asylum in the UK, you are asking the Home Office to recognise you as a refugee. This is defined in the 1951 United Nations Convention Relating to the Status of Refugees.
If your application is refused, you still have the right to appeal. This will give you the chance to provide any new information that was not previously available.
Lawstop can represent you at any or every stage of your Asylum and Human Rights application.
This starts with an Initial Asylum Claim; then Fresh Claims (also known as further submissions); and, if needed, the Appeal Stage.
Even if an appeal is exhausted and a Fresh Claim is not possible, our highly experienced Public Law team can explore the possibility of a Judicial Review.
Lawstop will also assess whether you qualify for Legal Aid. If so, you will not have to pay anything for our firm’s services.
Other services
Lawstop can also assist you with issues over:
This starts with an Initial Asylum Claim; then Fresh Claims (also known as further submissions); and, if needed, the Appeal Stage.
Even if an appeal is exhausted and a Fresh Claim is not possible, our highly experienced Public Law team can explore the possibility of a Judicial Review.
Lawstop will also assess whether you qualify for Legal Aid. If so, you will not have to pay anything for our firm’s services.
Other services
Lawstop can also assist you with issues over:
- Individual and family visas
- Extension and settlement applications in the UK
- British citizenship applications
Types of visa
Visitor Visa
A Visitor Visa allows you to travel to the UK and stay for a maximum of six months, per entry into the United Kingdom. It can be used for leisure and business, among other reasons.
The Visitor Visa can act as a short-term business visa, a tourist visa for UK holidays, an academic visit visa, a marriage visitor visa to get married or to enter into a civil partnership, receive medical treatment, and much more.
The Visitor Visa can act as a short-term business visa, a tourist visa for UK holidays, an academic visit visa, a marriage visitor visa to get married or to enter into a civil partnership, receive medical treatment, and much more.
Fiancé Visa
A UK Fiancé Visa allows people who are engaged to a UK-based partner (also referred to as a ‘sponsor’) to enter the UK within six months of arrival. The Fiancé Visa is a sub-category of the UK Family Visa.
The UK Fiancé Visa lasts for six months and usually within this time you must usually marry your UK-based partner. If you wish to remain in the UK after your Fiancé Visa expires, you must apply for another UK visa or immigration permission. Most newly married people with a UK Fiancé Visa will apply to switch to the UK Spouse Visa which can lead to indefinite leave to remain and British citizenship.
The UK Fiancé Visa lasts for six months and usually within this time you must usually marry your UK-based partner. If you wish to remain in the UK after your Fiancé Visa expires, you must apply for another UK visa or immigration permission. Most newly married people with a UK Fiancé Visa will apply to switch to the UK Spouse Visa which can lead to indefinite leave to remain and British citizenship.
UK Spouse Visa
A Partner Visa UK, also known as a UK Spouse Visa, is a settlement visa that allows you to live together with your British partner in the UK for up to 30 months. It is one of the visas under the Family visa category.
It can be extended for another 30 months if you meet certain eligibility conditions. Holding a Partner Visa is the first step towards Indefinite Leave to Remain (ILR) and, eventually, British citizenship.
To apply for a UK Spouse Visa and enter the UK, you must be married to, or be in a civil partnership with, a British citizen, a UK-settled person or a UK refugee. The main eligibility criteria include providing proof that you are in a genuine relationship and that you meet specific financial conditions.
Whether you are married, unmarried or in a civil partnership, the UK Spouse Visa application applies to each of these circumstances but the requirements of the visa will vary.
It can be extended for another 30 months if you meet certain eligibility conditions. Holding a Partner Visa is the first step towards Indefinite Leave to Remain (ILR) and, eventually, British citizenship.
To apply for a UK Spouse Visa and enter the UK, you must be married to, or be in a civil partnership with, a British citizen, a UK-settled person or a UK refugee. The main eligibility criteria include providing proof that you are in a genuine relationship and that you meet specific financial conditions.
Whether you are married, unmarried or in a civil partnership, the UK Spouse Visa application applies to each of these circumstances but the requirements of the visa will vary.
Family Visas
There are different types of visas available, depending on your circumstances. You need a Family Visa to join family members in the UK for a period longer than six months.
If you’re living outside the UK, you can apply for a Family Visa to join your child, parent or relative in the UK.
You can also apply for a Family Visa from within the UK, depending on your circumstances.
There are certain other pathways to become eligible for a Family Visa. You can apply on the basis that:
We can help you establish if your UK-based family member can sponsor your entry clearance visa application.
If you’re living outside the UK, you can apply for a Family Visa to join your child, parent or relative in the UK.
You can also apply for a Family Visa from within the UK, depending on your circumstances.
There are certain other pathways to become eligible for a Family Visa. You can apply on the basis that:
- Your relationship ended as a result of divorce or your partner is recently deceased;
- You are the parent of a British or settled child, or child who has been in the UK for seven years or more; or
- You want to apply to settle in the UK or extend your family visa
We can help you establish if your UK-based family member can sponsor your entry clearance visa application.
EU nationals and family
Since the UK voted to leave the European Union in 2016, Freedom of Movement across borders came to an end on 31 December 2020.
In line with this change, all EU citizens seeking to settle in the UK, including those who have lived in the UK prior to this date, are now subjected to new immigration rules which came into effect as of 1 January 2021.
Depending on the applicants’ date of arrival and accumulated ‘continuous residency’, all EU, EEA and Swiss nationals are permitted to apply for Settled Status or Pre-Settled Status as part of the EU Settlement Scheme.
If you are an EU, EEA or Swiss citizen, you can ‘sponsor’ family members to come to live with you in the UK under the EU Settlement Scheme. This applies to children, spouses, unmarried partners and other immediate family members.
In line with this change, all EU citizens seeking to settle in the UK, including those who have lived in the UK prior to this date, are now subjected to new immigration rules which came into effect as of 1 January 2021.
Depending on the applicants’ date of arrival and accumulated ‘continuous residency’, all EU, EEA and Swiss nationals are permitted to apply for Settled Status or Pre-Settled Status as part of the EU Settlement Scheme.
If you are an EU, EEA or Swiss citizen, you can ‘sponsor’ family members to come to live with you in the UK under the EU Settlement Scheme. This applies to children, spouses, unmarried partners and other immediate family members.
To be eligible, the sponsor must have been a resident of the UK as of 31 December 2020 and the relationship with the family member must already have existed/begun before this date. In other words, you can’t sponsor loved ones to join you in the UK if the relationship did not exist before January 2021.
In addition, the relationship must still exist when your family member begins to apply.
If your family member originates from the EU, EEA or Switzerland, they can apply via the EU Settlement Scheme, using their passport or valid identity card.
However, if your family member is not from the EU, EEA or Switzerland, they must already hold a relevant UK document such as a residence card, permanent residence card or derivative residence card. If not, they will need to apply for an EU Settlement Scheme ‘Family Permit’. With the permit, they can then apply for Settled Status themselves once they have successfully joined you in the UK.
If your family member has come to the UK on or after 1 April 2021, they are legally required to apply for Settled Status within three months of arrival.
In addition, the relationship must still exist when your family member begins to apply.
If your family member originates from the EU, EEA or Switzerland, they can apply via the EU Settlement Scheme, using their passport or valid identity card.
However, if your family member is not from the EU, EEA or Switzerland, they must already hold a relevant UK document such as a residence card, permanent residence card or derivative residence card. If not, they will need to apply for an EU Settlement Scheme ‘Family Permit’. With the permit, they can then apply for Settled Status themselves once they have successfully joined you in the UK.
If your family member has come to the UK on or after 1 April 2021, they are legally required to apply for Settled Status within three months of arrival.
Family Reunion application
The Refugee Family Reunion policy allows immediate family members to join individuals who have been granted refugee status in the UK. This route has been designed to reunite families who have been torn apart as a consequence of conflict or persecution.
If an application for Refugee Family Reunion is successful, the family member(s) will be granted leave to remain in the UK for the same duration that their loved one (the ‘sponsor’) has remaining to them. If the sponsor has Indefinite Leave to Remain, their qualifying family members will also be granted this status.
If an application for Refugee Family Reunion is successful, the family member(s) will be granted leave to remain in the UK for the same duration that their loved one (the ‘sponsor’) has remaining to them. If the sponsor has Indefinite Leave to Remain, their qualifying family members will also be granted this status.
Indefinite Leave to Remain
Indefinite Leave to Remain (or ‘ILR’) is a form of settlement available to qualifying overseas nationals.
Typically, you must have spent at least five years in the UK before you can apply for ILR, although in some cases your route to settlement may be ten years. But in certain circumstances you may be able to apply in as little as two or three years.
Many different types of immigration visas can lead to ILR, including various Family Visas, Innovator Visas and the Skilled Worker Visa.
ILR enables a person to live in the UK without any restrictions and is the first step towards naturalisation and full citizenship.
Typically, you must have spent at least five years in the UK before you can apply for ILR, although in some cases your route to settlement may be ten years. But in certain circumstances you may be able to apply in as little as two or three years.
Many different types of immigration visas can lead to ILR, including various Family Visas, Innovator Visas and the Skilled Worker Visa.
ILR enables a person to live in the UK without any restrictions and is the first step towards naturalisation and full citizenship.
British citizenship
Applying for British citizenship, or naturalisation, is the first step to obtaining a British passport.
To be eligible to become a British national, you need to prove that you have been in the UK on Indefinite Leave to Remain or EU Settled Status for at least three years, and that you have never broken UK law. This includes no breaches of immigration law.
Once your permanent residence status request is approved, you can live, work and study in the UK permanently, without any immigration restrictions. You will also be able to travel abroad without worrying about losing your status.
To be eligible to become a British national, you need to prove that you have been in the UK on Indefinite Leave to Remain or EU Settled Status for at least three years, and that you have never broken UK law. This includes no breaches of immigration law.
Once your permanent residence status request is approved, you can live, work and study in the UK permanently, without any immigration restrictions. You will also be able to travel abroad without worrying about losing your status.