Young Wrexham

Law & Rights

British citizens and European Nationals from most Commonwealth countries are entitled to freedom from immigration policy, however there are certain circumstances where people that are not born in the UK but visit, seek asylum or live and work in the UK have slightly different rights and laws that must be abided.

European Nationals

• European Nationals living in the UK have the same rights as people born in the UK or Wales

Visitors

• A person from a non European Union or EEA country visiting the UK is not allowed to get married or enter into a civil partnership unless they apply for permission prior to their visit

Asylum seekers

• Under international law, anyone has the right to apply for asylum in the UK and to stay in the UK until the authorities have assessed their asylum application
• There is no such thing as an illegal asylum seeker and the 1951 Refugee Convention guarantees the right to apply for asylum
• There is a detailed process and system about how asylum seeker applications are processed
• People seeking asylum in the UK must request asylum as soon as they enter the country
• Once their claim for asylum is made it enters the asylum process during which it is checked against UK legislation. The process is based on the UN convention relating to refugees
• The asylum process is administered by a part of the Home Office known as the Immigration and Nationality Directorate (IND)
• Asylum seekers who make port applications are generally given temporary admission to the country while their applications are being reviewed
• It is illegal to arrive in the UK without valid identity documents unless there is a good explanation

Immigration law

UK immigration law covers the following areas:

• The legal framework of UK immigration and national law
• Immigration application including asylum and business-related immigration applications
• Welfare regulations, family law, criminal law and legal aid
• Taxation and corporate issues
• Advocacy

The framework of UK immigration law is still provided by the 1971 Immigration Act and has been followed by several others up to the Nationality Immigration and Asylum Act 2006.

In 2008 the Welsh Government published the “Refugee Inclusion Strategy” setting out their commitment to asylum seekers and refugees in Wales. The strategy outlined a partnership approach to:

• Improve communication, increasing appropriate translation and interpretation facilities
• Build strong communities – by building understanding between asylum seekers and refugees and receiving communities
• Improve access to employment and training
• Provide fair and equal access to core services – supporting refugees and asylum seekers to access the services they are entitled to

In 2013 the Immigration Bill has been announced by the UK Government to make the process of removing people who have no right to be in the UK quicker and easier.

Legal Rights for Asylum Seekers

Asylum seekers have the same legal rights as UK citizens. However, legal aid is always given on a case-by-case basis and is not a guaranteed right.

If an asylum seeker is eligible for free legal support, it could include:-

• Advice on the procedures of making an asylum application
• Help with drafting the asylum claim
• Reimbursement for travel costs to and from asylum and appeal interviews
• Being accompanied by a legal adviser or representative in the asylum interview
• Being accompanied by a translator in the asylum interview

The Welsh Refugee Council provides specialist support for refugees and asylum seekers living in Wales and may be able to offer help and advice.

Illegal Immigrants

An illegal immigrant in the UK is someone who:

• Has not submitted an application to the Home Office requesting asylum in the UK
• Has stayed longer than the period allowed with a general visitor, work or study visa
• By breaking Immigration Law, the individual can be arrested, detained and forced to return to their country of origin
• Anyone knowingly employing an illegal immigrant may also be prosecuted

Human Trafficking

Victims of Human Trafficking are often reluctant to cooperate with authorities, fearing the consequences of providing evidence against their attackers.

A Modern Slavery Bill will soon be coming into effect in the UK to ensure their protection.

• The Bill will ensure better protection and support for victims
• Ensure that the perpetrators of this crime can receive a maximum life sentence
• Ensure that those who already have a conviction for a very serious sexual or violent offence will face an automatic life sentence