Immigration Concerns Following Arrival by Small Boat

Your spouse's options may include claiming asylum if they fear persecution in their home country, or applying for humanitarian protection. The process involves proving a genuine risk of harm if returned to their country of origin. If they have any family ties in the UK, it may be possible to apply for a family-based visa. Engaging with a solicitor experienced in immigration law is crucial to navigate the complex procedures and to protect their rights. You may also explore the relevant immigration policies on family reunification or other discretionary leave options. It's important to seek assistance promptly as time limits may apply for certain applications.

To appeal or challenge the detention decision, you should first file a bail application with the relevant tribunal. It is crucial to demonstrate that your spouse is not a flight risk and has strong ties to the community. Evidence of a stable residence, family connections, and any other factors showing they pose no danger to the public can strengthen the application. If denied, consider seeking a judicial review if there is evidence of procedural errors or unlawful detention. Consulting with a solicitor who specialises in immigration law may be beneficial to explore additional legal remedies.

To support your spouse's release and immigration application, gather documentation such as proof of your marriage (marriage certificate), evidence of your relationship's genuineness (photos, shared financial responsibilities), your spouse's identity documents (passport or any available ID), and any evidence of their circumstances in their home country that could support an asylum claim (e.g., risk of persecution). Affidavits from friends or family corroborating your relationship could also be beneficial. Additionally, documentation of their journey and any relevant medical or psychological reports might be useful, especially if they highlight vulnerabilities or humanitarian concerns.

In the UK, your spouse's method of arrival may affect their situation due to specific immigration policies. Recent legislation introduces measures aimed at deterring irregular migration, such as arriving by small boat. This includes changes to how asylum claims are processed and potential penalties for individuals who arrive without prior permission. The Act also permits differential treatment based on the method of entry, which could influence the evaluation of their asylum claim. It's crucial to consider these factors and consult with an immigration solicitor to explore viable options.

The duration to resolve an immigration status for someone who arrived in the UK by small boat can vary significantly. On average, it may take several months to a couple of years, depending on the complexities of the case, such as the need for asylum claims, appeals, or additional documentation. The Home Office typically aims to process straightforward asylum claims within six months, but the actual time can be longer due to backlogs and individual circumstances. It is crucial to maintain communication with legal representatives and stay informed about any updates from the Home Office.