Successful Asylum claims in UK for Russian nationals

By Dr Lusine Navasardyan

Dr Lusine Navasardyan is Director and Head of Corporate and Business Immigration at RVS Solicitors. Dr Lusine studied at Yerevan State University and the Bucharest University of Economic Studies. She is also a published author and a member of the Bucharest Bar. As a Director of RVS Solicitors, she is instrumental to the operation of the law firm, and as Head of Corporate and Business Immigration, she helps our clients to forge new futures in the UK.

In recent period we had been able to deliver a number of great results for our Russian national clients claiming asylum in the UK. Our team is always proud to achieve successful outcomes for our clients, but there is a particular feeling of pride knowing that our work has secured a brighter future for someone fleeing persecution in their own country.

What is Asylum?

Unfortunately, there is a lot of controversy and misconception around asylum and refugees in recent years. Many are led to believe that refugees are simply seeking better economic conditions or even coming to the UK to live on benefits. This cannot be further from the truth. While there are some individuals who would seek to take advantage of the system, in vast majority of the cases refugees are people fleeing their country of origin because they are not safe there.

Providing refuge to those fleeing their homes is part of the UK’s international obligations. The UK, as a signatory to the 1951 Refugee Convention, is committed to providing refuge to those who qualify for asylum. In essence, asylum is the protection granted by the host country to individuals who are unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

It is important to understand that well founded fear is not a subjective matter and the individual cannot simply claim such fear. It will need to be demonstrated with evidence.

Russian nationals claiming asylum in the UK

There can be many reasons why Russian nationals might be seeking refuge in the UK. In recent times, at RVS solicitors our team has seen a sharp increase of individuals claiming asylum because of the fear of persecution due to opposition to the war against Ukraine. There has also been an increase of individuals from LGBTQ community claiming asylum in the UK as well. We have recently assisted several clients in securing asylum in the UK on the basis of the above fears.

It is important to understand that each case is individual and it should be approached as such. The well-founded fear of an individual will need to be assessed against the countries legislation, the de-facto situation in the country etc.

For instance, in one of the resent successful cases we were representing an individual who had simply participated in a few anti-war marches in the UK and had donated small amounts to the Ukrainian aid. However, the Immigration Tribunal considered this to be a sufficient reason to fear persecution from Russian authorities. This was achieved by our team by providing evidence to the current legislation in Russia in respect of individuals who have opposing views to the government, as well as a number of recent cases where individuals have been handed heavy prison sentences for donations directed at aiding Ukraine.

In another case, we were able to secure asylum for a gay man who had been open about his sexuality on social media, had supported different LGBTQ initiatives and had been targeted by the public for that same reason. We were able to demonstrate a clear link between the anti-gay laws that Russia had passed in the recent years and the rise in aggressive behaviour among public against LGBTQ community members.

No one case is like the other, therefore having a strong support from UK immigration specialists is crucial for determining how to demonstrate that your matter falls within the framework of the Refugee Convention.

Step-by-Step Guide to Claiming Asylum in the UK

If you are someone who has well-founded fear of returning back to your home country, it is important to understand how to claim asylum in the UK.

1. Arriving in the UK

To claim asylum, you must be physically present in the UK. Asylum cannot be claimed from outside the country or at a British embassy abroad. You can arrive in the UK by any means, but it’s essential to present yourself to the authorities as soon as possible. It is illegal to enter or stay in the UK without permission, but if you are seeking asylum, you won’t be penalized for entering without proper documentation, as long as you present yourself promptly and then demonstrate that you had, indeed, well-founded fear of persecution.

2. Making Your Asylum Claim

You can make an asylum claim immediately upon arrival in the UK or at any point thereafter. The most common places to claim asylum include:

At the Port of Entry:

You can claim asylum at the airport, seaport, or train station where you arrive. As soon as you have crossed the border, tell a border official that you want to claim asylum. They will take you through an initial screening process to gather basic information about you and your reasons for claiming asylum.

After Entering the UK:

There are often situations in which the need to claim asylum arises after you have entered the UK. For instance in one of our recent cases, the client had come to the UK to visit her family when the war in Ukraine erupted. She had waited and hoped that things will change. She had been so vehemently opposed to the war that she participated in protests in the UK while visiting. She then returned to Russia continuing to hope that the situation will change. Unfortunately, she became the target of the terror campaign by the local law force. She then had to leave Russia and travel through third country to arrive back to the UK. She was so desperate to be able to go back to Russia and live her life in her country, that even then she decided to not claim asylum upon entry, again hoping for change of circumstances in her country. As her stay neared the allowable six months and things only got worse in Russia, she realised that she could not go back and contacted us for assistance.

If you are already in the UK, you need to go to the Home Office to make your claim. You must call ahead to make an appointment. If you are detained (e.g., at an immigration removal center), you can tell an immigration officer or a member of the staff that you want to claim asylum.

3. The Screening Interview

After you claim asylum, you will have a screening interview with an immigration officer. This is a preliminary interview that usually takes place at the port of entry or at Home Office. During this interview, you will be asked basic questions about your identity, how you arrived in the UK, and why you are seeking asylum. It is advisable that you have secured legal representations by the time you attend your screening interview.

Important things to note:

• You have the right to request an interpreter if you do not speak English.
• You will be photographed, fingerprinted, and asked about your medical history.
• You must provide any documents you have such as identification papers, police reports, or medical records.

4. The Asylum Interview

The next step is the substantive asylum interview (also known as the “asylum interview”). This is a crucial part of the process where you will have a detailed discussion about why you are seeking asylum. The interview will usually take place weeks or even months after the screening interview.

This is a crucial point of your asylum claim. It is therefore essential that you are well prepared. By this point you should have put together your evidence and ideally have a written statement about your circumstances that would help the interviewer understand your claim better.

During this interview:

• You will be asked in-depth questions about the persecution or threats you faced in your home country, and why you cannot return.
• You might be also asked questions to verify that you are indeed the person you claim you are, to check your background and whether you are familiar with the country, region you claim to be from or the cultural aspects of the social group you claim to belong to.
• It’s essential to provide as much detail and evidence as possible to support your claim. Remember that your credibility is one of the most important aspects of your claim.
• You have the right to request an interpreter and we usually advise our clients to use this right unless they are very certain of their ability to communicate in a nuanced way in English.

Preparation Tips:

• Ensure that you have the right team supporting you. Asylum process is difficult and will force you to discuss about things that you might not be entirely comfortable talking about. You need to have complete trust in your immigration lawyers and feel comfortable to speak to them openly.
• Review your statement thoroughly to ensure consistency with what you said during your screening interview.
• Gather any additional evidence or documentation that may support your claim, such as letters, photos, or witness statements.

5. Decision on Your Asylum Claim

After the asylum interview, the Home Office will consider your application and make a decision. You will normally be given 10 days to submit any further evidence or representations.

For our clients we use these 10 days to review their interview records and even the voice recording of the interview to ensure that our clients have managed to express all they needed to. We will then prepare final representations to support their claim and send it to the Home Office with any further evidence we have.

Following the interview it can take from several weeks to a few months, depending on the complexity of your case to get a decision.

There are three possible outcomes:

1. Granted Asylum: If your application is successful, you will be granted refugee status, which allows you to stay in the UK for five years. After five years, you might be able to apply to settle permanently (indefinite leave to remain).
2. Humanitarian Protection: If you do not qualify for asylum but cannot return to your home country because of a serious risk to your life, you may be granted humanitarian protection. You may need to apply for extension of this stay after the initial period.
3. Refusal: If your claim is refused, you will be expected to leave the UK. You can appeal the decision, but this must be done within a specified timeframe.

6. If Your Claim is Refused

If your asylum claim is refused, you will receive a letter explaining the reasons for the decision. You have the right to appeal, but it is crucial to act quickly. The appeal process involves:

• Lodging an Appeal: You must submit your appeal to the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days if you are in the UK.
• Preparing for the Hearing: During the appeal, you will have the opportunity to present your case before a judge.

It is highly recommended to have legal representation at this stage, even if you did not have one for your asylum claim.

7. While Awaiting a Decision

While your claim is being processed, you are generally not allowed to work unless your claim has been pending for over 12 months, or if you had some sort of leave to remain in the UK that allowed you to work, prior to claiming asylum. You may be eligible for asylum support, which includes accommodation and a weekly allowance to cover basic needs. You can also access healthcare services and your children can attend school.

Conclusion

Claiming asylum in the UK is a challenging process that requires careful preparation and understanding of the legal system. It is vital to be honest, consistent, and provide as much evidence as possible to support your claim. Remember, you have rights and access to support throughout the process, so do not hesitate to seek help from reputable organizations and legal representatives. By understanding the process and knowing what to expect, you can better navigate your journey toward safety and protection in the UK.

If you require help with your asylum matter, speak to a member of our team today.