LGBT immigration advice.
There are, in the view of Immigration Joss, two main types of immigration advice for LGBT people. First there is advice that is specifically because you are LGBT and there is advice where it is irrelevant that you are LGBT but you want to ensure that your lawyer is LGBT friendly.
Asylum
Many persons have come to the UK in order to escape the discriminatory or persecutory treatment in their home country. Often people come to the UK in other categories, such as Tier 4 students, and the more LGBT friendly environment of the UK results in people developing socially to a point where they cannot imagine going pack to the more LGBT restrictive regime/social environment of their home country.
In other cases, people have deliberately fled direct prosecution or persecution in their home country because of their sexuality or people’s perception of their sexuality. They may have obtained a visit visa to the UK or entered the UK illegally.
Where you have a fear of return to your home country, you should usually claim asylum. The asylum process is briefly, that you contact the Home Office by phone initially, the Home Office will then arrange a screening interview where you provide basic information about your case. Subsequently you will invited to a substantive interview where you will be questioned about your case and your fear. We can attend this interview with you if you would like.
We will also need to submit a full statement of your case including details of who you fear, why and previous incidents that may have occurred. We will also detail, where appropriate, your life in the UK. It is important to ‘front load’ an asylum claim. I.e. obtain the evidence that we will rely on at the beginning and make sure the Home Office have all this evidence when considering your claim. This results in a much higher success rate at first instance.
Partner visas LGBT
Spouse or partner applications are for people that are in a relationship with a British national, a person with indefinite leave to remain, or a person with refugee status. These applications can be made in the UK, or outside the UK depending on the circumstances. If you are not married or in a civil partnership, then you will need to demonstrate co-habitation for two years.
We outline the requirements for a partner visa and prepare the application, including with legal representations in order to show the entry clearance officer, or in-country Home Office official, how the Rule are met.
Other advice
Other advice could be advice in any category, for example as a student, however you want to know your lawyer if LGBT friendly. This will always be the case at Immigration Joss.