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Immigration Solicitors

Syrian refugees to qualify for legal aid (28 March 2014)

Date: 28/03/2014
Duncan Lewis, Immigration Solicitors, Syrian refugees to qualify for legal aid

It has been revealed by the Ministry of Justice that refugees who come to the UK to flee the conflict in Syria will be eligible for legal aid because of a number of exemptions regarding the residence test.

At the present time it is only those who have been resident in Britain for a year or more that can claim legal aid for certain types of legal actions. However, it has been confirmed that these new exemptions will only apply to those who have claimed asylum successfully after they have reached a 12-month point after their claim for asylum. This means that as soon as they have had their asylum claim confirmed they would be able to make a claim for legal aid.

The exemptions will also apply to those who have come to the UK as part of the Syrian vulnerable person relocation scheme. They will not need to undergo the residence test until they have been in the country for 12-months.

There have also been a number of exemptions introduced for specific community care cases which relate to the accommodation and care of children as well as for cases where it may be difficult for some evidence to be presented, such as in the case of mental disability or homelessness.

The Justice Minister, Simon Hughes, has overseen the changes to the system. He has stated that the government has carefully considered all the options in the face of the need to make savings that can protect the legal aid system. He has also stated that the government is still committed to providing legal aid for people who really need it.

The government wants to continue to help those who need it and for this reason the original proposals regarding the residency test have been altered. The changes will ensure that those who are in the UK as part of an international refugee scheme from conflict-hit areas such as Syria will be able to get the help that they need once they have arrived and are settled in the UK.

For cases relating to children who are under 12-months old there will not need to be evidence of a minimum of 12-months residence but they will need to be resident in the UK lawfully. In addition, those serving in the armed forces and their families who have been stationed abroad will also be exempt from providing evidence as part of the residence test.

There will also be exemptions that related to a person’s liberty, particularly in the case of vulnerable people, trafficking victims and any cases connected to the protection of children.

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For expert legal advice on legal aid and immigration contact Duncan Lewis immigration solicitors today on 020 7923 4020.


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