Uk visa and immigration Archives – Kash Lagel Services

Uk visa and immigrationbyKash Legal ServicesNo CommentsNovember 7, 2025December 19, 2025

UK Immigration Rule Changes 2025: Stateless Family Reunion Explained

The UK stateless family reunion rules 2025 introduce significant changes for partners and children of stateless individuals in the UK. From 11 November 2025, the long-standing Part 14 route closes to most new family reunion applications, with cases instead falling under Appendix Statelessness or Appendix FM depending on when the family relationship was formed. Timing is now decisive, and for many families, the route available will fundamentally change the evidential and financial requirements they must meet.

UK Stateless Family Reunion Rules 2025: What Changes on 11 November?

From 11 November 2025, family reunion for stateless people will be governed only by Appendix Statelessness, with Part 14 effectively closed for new family reunion cases, subject to limited transitional protections.
Under the new regime, only partners and children whose family relationship existed before the sponsor’s first grant of stateless leave can rely on Appendix Statelessness. All other family members must apply under Appendix FM, which includes English language, maintenance, and accommodation requirements.

Key Deadlines Under the UK Stateless Family Reunion Rules 2025

Until 10 November 2025, partners and children whose relationship with a stateless sponsor was formed after the sponsor’s grant of stateless leave can still apply under archived Part 14, which carries no English language or maintenance requirements.
From 11 November 2025, only relationships that pre-date the sponsor’s first grant of stateless leave can be brought under Appendix Statelessness. As a result, all later-formed relationships must apply under Appendix FM with full family route requirements.

Eligibility Under the UK Stateless Family Reunion Rules 2025

Part 14 vs Appendix Statelessness vs Appendix FM

Part 14 (applications made by 10 November 2025)

No English language, maintenance, accommodation, or income threshold requirements.
The central test is the genuineness of the partner or parent-child relationship, regardless of when it was formed.
However, partners and children granted leave under Part 14 must complete their own five-year residence period before qualifying for settlement, as leave is not automatically aligned with the sponsor.

Appendix Statelessness (from 11 November 2025)

Available only where the family unit was established before the sponsor’s first grant of stateless leave.
Applicants must also meet the relevant partner or child relationship requirements.
Importantly, leave will normally be granted in line with the sponsor’s permission, aligning renewal and settlement timelines.

Appendix FM (relationships formed after stateless leave)

Partners and children whose relationship arose after the sponsor’s stateless leave must apply under Appendix FM.
This involves English language requirements, financial thresholds or adequate maintenance, and suitable accommodation.
Consequently, many stateless families are pushed into a more demanding and evidence-heavy immigration route.

Transitional Protections and Special Cases

Partners and children who currently hold, or last held, leave under Part 14 may continue to apply under that route while transitional provisions remain in force, provided their most recent grant under Part 14 was before 31 January 2024.
Meanwhile, children born in the UK to a stateless person (or their partner) may still qualify under Part 14 in limited circumstances during the transitional period.

Strategic Steps for Stateless Families Affected by the 2025 Rule Changes

Act before 11 November 2025 wherever Part 14 remains available.
Submit eligible applications on or before 10 November 2025, especially where the family relationship was formed after the sponsor’s grant of stateless leave.
Make it explicit in the application form and legal representations that the application is made under Part 14: Stateless Person to avoid misclassification.
Plan settlement carefully, as each family member under Part 14 must complete their own five-year residence period.
For post-grant relationships after 11 November 2025, prepare to meet Appendix FM requirements or consider alternative human rights-based arguments where appropriate.

Uk visa and immigrationbyKash Legal ServicesNo CommentsJuly 3, 2025December 21, 2025

UK Immigration Rule Changes Effective July 22, 2025

UK Immigration Rule Changes from 22 July 2025

The UK government made big changes to immigration rules on 22 July 2025. These updates focus on high-skilled jobs to help the UK economy. They make it easier for top talent but harder for lower-skilled roles. Here’s a simple guide for workers and employers.

Main Changes

Fewer Jobs Allowed: Over 100 jobs are removed from the Skilled Worker visa list. Now only high-skilled roles qualify.
Higher Skill Level: Jobs must be RQF level 6 or above (like university degrees). Lower skills no longer count for new applicants.
Salary Goes Up: Minimum pay rises from £38,700 to £41,700 a year for most Skilled Worker visas.
No New Care Worker Visas: New people cannot get care worker visas. This stops worker exploitation, but current ones have options.

Rules for Current Visa Holders

Extend or Switch Jobs: If you had a Skilled Worker visa before 22 July 2025, you can extend it or change employers using old rules (lower salary and skills okay).
Bring Family: Existing holders can still bring dependants, even in lower-skilled jobs. New applicants in low-skill jobs cannot.

What Employers Must Do

Check Your Team: Review staff jobs and pay. See if they meet new rules for future sponsorship.
Update Hiring: Focus on high-skilled workers. Look at other visas like Global Talent if needed.
Get Ready Now: Update job codes (SOC codes) and sponsor plans to avoid delays.

These changes make UK visas tougher for mid/low skills but open for experts. Stay updated to avoid problems.

Kash Legal Services can check your case, help with applications, and plan ahead. Contact us for simple advice on your situation.

Uk visa and immigrationbyKash Legal ServicesNo CommentsMay 20, 2025December 26, 2025

The Rising Costs of UK Immigration Applications: A Growing Concern

In recent years, the fees for UK immigration and nationality applications have risen dramatically. What was once a steady, predictable increase has now turned into a steep escalation, raising serious questions about accessibility, fairness, and the economic impact on both migrants and businesses.

Sharp Fee Increases Across the Board

Historically, annual fee adjustments were around 20% to 25%, but now some categories have seen increases of up to 120%. These hikes make it considerably harder for individuals and employers to afford the process.

For instance, as of 9 April 2025, the Certificate of Sponsorship (CoS) fee rose from £239 to £525—a staggering 120% increase. The CoS, which employers must issue to sponsor foreign workers, is an essential requirement under the UK Skilled Worker route. Consequently, the rise not only affects individual applicants but also deters small and medium-sized businesses from recruiting overseas talent.

Impact on Applicants and the UK Economy

The implications of rising immigration fees extend far beyond individual inconvenience. Higher application costs can discourage skilled individuals from applying to live, work, or study in the UK. This disproportionately affects lower‑income applicants and families, thereby limiting diversity within the workforce.

Moreover, businesses that rely on international expertise may hesitate to sponsor employees due to cost pressures. Consequently, such financial barriers can aggravate skills shortages in key sectors like healthcare, engineering, IT, and education.

Additionally, navigating the increasingly expensive and complicated application system may prompt more people to seek professional legal representation. While this ensures accuracy, it also underscores how inaccessible the process has become for those already facing financial hardship.

Broader Social and Global Implications

From a global perspective, these cost increases could harm the UK’s reputation as an open and welcoming destination for migrants. If the visa system is perceived as prohibitively expensive, international talent may choose alternative destinations such as Canada or Australia—countries that combine fairer fee structures with similar professional opportunities.

Therefore, the rise in fees risks not only individual hardship but also long‑term economic and reputational setbacks for the United Kingdom.

The Need for Balance and Fair Reform

As fees continue to climb, policymakers must balance financial sustainability with basic fairness. A more transparent review of how fees are calculated could strengthen trust in the system and ensure that revenue generation does not come at the expense of inclusivity. Policymakers should also consider reduced‑fee categories or waivers for applicants in shortage occupations or humanitarian routes.

At Kash Legal Services, we believe that an accessible immigration system is vital for the UK’s future success. Fair costs encourage diversity, innovation, and economic growth-values that underpin modern Britain.

Uk visa and immigrationbyKash Legal ServicesNo CommentsMay 5, 2025December 26, 2025

UK Fee Waivers: Eligibility and Application Guide 2025

Navigating the UK immigration process can be complex, especially for applicants applying from outside the United Kingdom. However, for some individuals, fee waivers provide much‑needed relief from the rising cost of immigration applications.

At Kash Legal Services, our goal is to offer clear, accessible guidance on who qualifies for a fee waiver, how to apply, and what evidence is required to improve your chances of approval.

What Is a Fee Waiver and Why It Matters

A fee waiver allows certain applicants to submit UK immigration applications without paying the standard Home Office fee, due to financial hardship. This option is vital for individuals and families who cannot afford the high visa or settlement costs but still have a legitimate need to stay or join family in the UK.

Fee waivers are particularly relevant for:

Applicants making family or private life claims under Article 8 of the European Convention on Human Rights.
People applying for entry clearance, limited leave, or further leave under Appendix FM (family routes).
Individuals already living in the UK whose circumstances have changed, leaving them unable to pay renewal or extension fees.

Ultimately, the purpose of this policy is to preserve accessibility and fairness in the immigration system for all, regardless of economic background.

Who Can Qualify for a UK Immigration Fee Waiver?

To be eligible, applicants must prove they cannot afford to pay the application fee after covering essential living costs, such as food, housing, and utilities.

You may qualify if you are:

Unemployed or earning a low income.
Receiving welfare benefits like Universal Credit, Income Support, or asylum support.
A partner or child of HM Forces personnel.
A family member of a British citizen or settled person applying under Appendix FM.
Granted refugee or humanitarian protection in the UK.

Therefore, it’s important to submit detailed evidence that clearly demonstrates your financial situation.

How to Apply for a Fee Waiver

Applying for a fee waiver is a multi‑step process that requires accuracy and strong evidence. Here’s how to do it properly:

Complete the Fee Waiver Form
- This form accompanies your immigration application on the Home Office website.
- Ensure all details (personal, financial, and family) are complete and consistent.
Provide Supporting Evidence
- Recent bank statements (usually three to six months).
- Proof of income such as payslips, tax returns, or employer letters.
- Evidence of benefits, support payments, or proof of living costs.
- Rent or mortgage documents showing housing expenses.
Submit Both Applications Together
- Always send your fee waiver request alongside your main immigration application.
- The Home Office reviews both together to determine eligibility.

Important Considerations

Full waiver only: If you qualify, the Home Office grants a full exemption from fees. Partial waivers are not available.
No right of appeal: A refusal cannot be appealed, so ensure your evidence is thorough, consistent, and well-organised.
Unique Reference Number (URN): Once your waiver is approved, you’ll receive a URN. Include this number in your visa application to link the two.

Additionally, if your financial situation changes before a decision, update the Home Office through your legal representative to avoid complications.

Why Fee Waivers Matter

In recent years, the rising cost of UK visa and sponsorship fees has made lawful immigration increasingly difficult. Therefore, fee waivers play a critical role in maintaining fairness and upholding Article 8 rights for families and vulnerable individuals. They ensure that those in genuine need do not face refusal solely because of inability to pay.

Support from Kash Legal Services

Applying for a fee waiver can be daunting – especially if your circumstances are complex or if you’re unsure which documents to include. At Kash Legal Services, our experienced immigration advisors help you.

Uk visa and immigrationbyKash Legal ServicesNo CommentsMarch 14, 2025March 14, 2025

Understanding Absences from the UK Under the EU Settlement Scheme

The EU Settlement Scheme was established to allow EU, EEA, and Swiss citizens living in the UK to secure their residency rights following Brexit. If you are a citizen from these regions and have applied for settled or pre-settled status, it is essential to understand how absences from the UK can affect your status. This article will provide a clear overview of the rules regarding absences and what you need to know to maintain your residency rights.

Settled vs. Pre-Settled Status

Before diving into the specifics of absences, it’s important to clarify the difference between settled and pre-settled status:

Settled Status: This is granted to individuals who have lived in the UK for a continuous period of five years. It allows you to stay in the UK indefinitely.
Pre-Settled Status: This is for those who have not yet lived in the UK for five years. It allows you to stay in the UK for up to five years, after which you can apply for settled status.

Absences from the UK

For Settled Status Holders

If you have settled status, you can be absent from the UK for up to five consecutive years without losing your status. This means that if you leave the UK for an extended period, as long as it does not exceed five years, your settled status remains intact.

For Pre-Settled Status Holders

If you hold pre-settled status, the rules are stricter. You must not be absent from the UK for more than two consecutive years. Exceeding this limit will result in the loss of your pre-settled status, and you may need to reapply if you wish to return to the UK.

Continuous Residence Requirement

To qualify for settled status, you must demonstrate continuous residence in the UK for five years. During this time, you can only be absent for up to six months in any 12-month period. There are exceptions for certain circumstances, such as:

Serious illness
Pregnancy or childbirth
Study or work commitments

If you are absent for more than six months in a 12-month period without a valid reason, it may break your continuous residence, affecting your eligibility for settled status.

Conclusion

Understanding how absences from the UK affect your status under the EU Settlement Scheme is crucial for maintaining your residency rights. Whether you have settled or pre-settled status, adhering to the specified limits on absences is essential. If you have any concerns or need personalized advice. feel free to reach out to Kash Legal Services. We are here to help you navigate the complexities of immigration law and ensure your residency rights are safeguarded.

Uk visa and immigrationbyKash Legal ServicesNo CommentsJanuary 22, 2025January 22, 2025

Understanding the UK Immigration Advice Authority: A Guide for Clients

The Immigration Advice Authority (IAA) is a UK government body that oversees immigration advice given by non-lawyers. Previously known as the Office of the Immigration Services Commissioner (OISC), the IAA ensures that immigration advice is provided safely and legally, protecting the rights of individuals seeking help with their immigration status.

The IAA has three main roles: it regulates immigration advice services, enforces compliance with the law, and provides guidance to both advisors and the public. This transformation aims to improve the quality of immigration advice and support available to people in the UK.

For those seeking immigration assistance, it is important to choose advisors who are regulated by the IAA to ensure they receive accurate and reliable advice. Kash Legal Services is committed to providing high-quality immigration support, helping clients navigate the complexities of immigration law with confidence.

What is the Immigration Advice Authority?

The Immigration Advice Authority (IAA) is a UK government body that was established to regulate immigration advice and services. It was previously known as the Office of the Immigration Services Commissioner (OISC). The main purpose of the IAA is to ensure that individuals seeking immigration advice receive accurate, honest, and high-quality support.

Key Functions of the IAA

Regulation of Immigration Advisers: The IAA oversees the activities of immigration advisers who are not qualified lawyers. This includes ensuring that they meet specific standards and comply with the law.

Enforcement: The authority has the power to investigate and take action against individuals or organizations that provide immigration advice without proper authorization. This helps protect vulnerable individuals from exploitation.

Guidance and Support: The IAA provides resources and guidance to both immigration advisers and the public. This includes information on best practices and updates on immigration law.

Why is the IAA Important?

The IAA plays a crucial role in maintaining public trust in the immigration system. By regulating advisers and ensuring compliance with established standards, the authority helps prevent poor-quality or dishonest immigration advice. This is vital not only for the individuals directly affected but also for the integrity of the immigration process as a whole.

Choosing a Regulated Adviser

When seeking immigration advice, it is essential to choose an adviser who is regulated by the IAA. This ensures that you receive reliable and professional support. Kash Legal Services is dedicated to providing high-quality immigration assistance, helping clients navigate the complexities of immigration law with confidence and care.

Conclusion

The Immigration Advice Authority is a key player in the UK immigration landscape, ensuring that individuals receive the support they need while protecting their rights. By choosing a regulated adviser, clients can feel secure in their immigration journey. Kash Legal Services is here to help you every step of the way.

Skilled Worker Visa, Uk visa and immigrationbyKash Legal ServicesNo CommentsJanuary 21, 2025December 17, 2025

A Simple Guide to Obtaining a UK Charity Worker Sponsor Licence

If you are a charity organization in the UK and want to bring voluntary workers from abroad, you will need a Charity Worker sponsor licence. This licence allows you to sponsor individuals who want to come to the UK to work for your charity. Here’s a simple guide on how to apply for this licence.

What is the Charity Worker Route?

The Charity Worker route is designed for people aged 18 or over who want to volunteer for a recognized charity in the UK. The work they do must be unpaid and should directly help the charity achieve its goals. For example, if your charity helps homeless people, the volunteer could work directly with them. However, tasks like fundraising or administrative work that does not directly support the charity’s mission are not allowed under this route.

Steps to Apply for a Charity Worker Sponsor Licence

Check Eligibility

Before applying, make sure your charity meets the following criteria:

You are a registered charity in the UK.
Your charity is recognized by the Home Office.
You have a clear charitable purpose and can demonstrate how the volunteer work will support this purpose.

Prepare Your Documents

Gather the necessary documents to support your application. This may include:
Proof of your charity’s registration.
Details about the work the volunteer will be doing.
Information on how the work contributes to your charity’s goals.

Complete the Application Form

You will need to fill out an online application form. This form will ask for information about your charity and the work you plan to offer to the volunteer. Make sure to provide accurate and detailed information.

Pay the Application Fee

There is a fee for applying for a sponsor licence. Check the current fee on the official UK government website. Make sure to pay this fee when you submit your application.

Submit Your Application

Once you have completed the form and paid the fee, submit your application. You will receive a confirmation that your application has been received.

Wait for a Decision

After you submit your application, the Home Office will review it. This process can take several weeks. They may contact you for more information, so be ready to provide any additional details they may need.

Receive Your Licence

If your application is successful, you will receive your Charity Worker sponsor licence. This licence will allow you to sponsor volunteers to come to the UK to work for your charity.

Applying for a Charity Worker sponsor licence is an important step for charities that want to bring in voluntary workers from abroad. By following these simple steps, you can ensure that your application is complete and has the best chance of being approved. Remember, the work must be unpaid and directly related to your charity’s mission. Good luck with your application!

If you have any questions or need assistance with the application process, feel free to contact Kash Legal Services for help. We are here to support you!

Uk visa and immigrationbyKash Legal ServicesNo CommentsJanuary 13, 2025January 13, 2025

A Simple Guide to Applying for a Religious Work Visa in the UK

If you are a religious worker looking to come to the UK, you may need a religious work visa. The UK offers two main types of sponsored work visas for religious workers: the T2 Minister of Religion visa and the Temporary Religious Worker visa. This article will explain what each visa is for and how to apply for them.

Overview of UK Religious Work Visas

T2 Minister of Religion Visa

The T2 Minister of Religion visa is designed for individuals who have a key leadership role in their faith-based organization or religious order in the UK. This visa allows you to work in a position where you are responsible for leading and guiding the religious community.

Temporary UK Religious Worker Visa

The Temporary Religious Worker visa is for those who support the activities of religious institutions in the UK. This includes working in a religious order or taking on non-pastoral roles. This visa is suitable for individuals who may not be in a leadership position but still contribute to the religious community.

Steps to Apply for a UK Religious Work Visa

Applying for a religious work visa involves several steps. Here’s a simple guide to help you through the process:

Step 1: Confirm Your Eligibility

Before applying, make sure you meet the eligibility requirements for the visa you are interested in. You will need to have a job offer from a UK religious organization that is a licensed sponsor.

Step 2: Get a Certificate of Sponsorship (CoS)

Your UK employer must provide you with a Certificate of Sponsorship (CoS). This document confirms that they are sponsoring your visa application and provides details about your role and salary.

Step 3: Gather Required Documents

Collect the necessary documents for your visa application. This typically includes:

A valid passport
Your Certificate of Sponsorship
Proof of your knowledge of English (if required)
Evidence of your qualifications and experience
Any other documents requested by the UK Home Office

Step 4: Fill Out the Online Application

Visit the official UK government website to complete your visa application online. You will need to fill out the application form and pay the visa fee. Make sure to double-check all the information you provide.

Step 5: Pay the Immigration Health Surcharge

As part of your application, you may need to pay the Immigration Health Surcharge. This fee allows you to access the National Health Service (NHS) while you are in the UK.

Step 6: Submit Your Biometrics

After submitting your application, you will be asked to provide your biometrics (fingerprints and a photograph). This is usually done at a local visa application center.

Step 7: Wait for a Decision

Once you have submitted your application and biometrics, you will need to wait for a decision. The processing time can vary, so be sure to check the current timelines on the UK government website.

Step 8: Receive Your Visa

If your application is approved, you will receive your visa, allowing you to travel to the UK and start your work as a religious worker.

Applying for a religious work visa in the UK can be a straightforward process if you follow the steps outlined above. Whether you are applying for the T2 Minister of Religion visa or the Temporary Religious Worker visa, make sure you have all the necessary documents and meet the eligibility requirements.

For more information and assistance with your application, consider reaching out to Kash Legal Services.

Uk visa and immigrationbyKash Legal ServicesNo CommentsDecember 12, 2024December 12, 2024

A Simple Guide to Applying for the UK’s Global Talent Visa

The UK’s Global Talent Visa is a fantastic opportunity for skilled individuals from around the world. Introduced in February 2020, this visa replaced the previous Tier 1 (Exceptional Talent) route and is aimed at those who excel in fields like science, technology, engineering, arts, and culture.

Benefits of the Global Talent Visa

One of the key benefits of the UK’s Global Talent Visa is that it allows you to live and work in the UK without being tied to a specific employer. This flexibility means you can explore various job opportunities or even start your own venture. Additionally, if you meet the necessary criteria, you can apply for indefinite leave to remain in the UK after just three years, making it a more appealing option than the Skilled Worker route.

Who Is Eligible to Apply?

The UK’s Global Talent Visa is available to individuals in several sectors, including:

Science and Medicine: Researchers and medical professionals.
Digital Technology: Innovators and tech entrepreneurs.
Arts and Culture: Artists, musicians, and writers.
Academia: Professors and researchers in higher education.

To qualify, you must receive an endorsement from a recognized organization in your field, which will evaluate your skills and accomplishments.

Steps to Secure Your Global Talent Visa

Here’s a straightforward guide on how to apply for the UK’s Global Talent Visa:

Step 1: Confirm Your Eligibility

Before you begin your application for UK’s Global Talent Visa , ensure you meet the eligibility requirements. You need to show that you are a leader or have the potential to be a leader in your field, which can be demonstrated through awards, publications, or significant contributions.

Step 2: Obtain an Endorsement

You must get an endorsement from a recognized body relevant to your field. This could be an organization like UK Research and Innovation (UKRI) for scientists or Tech Nation for digital technology experts. Each endorsing body has specific criteria, so review their requirements carefully.

Step 3: Gather Your Application Materials

Once you have your endorsement, you can start preparing your UK’s Global Talent visa application. You will need to provide:

Your endorsement letter.
Evidence of your achievements and contributions.
A valid passport or travel document.
Proof of your English language skills (if required).

Step 4: Submit Your Application Online

You can apply for UK’s Global Talent Visa online through the UK government website. Ensure that you complete all forms accurately and pay the application fee. You may also need to pay an immigration health surcharge, which allows you to access the National Health Service (NHS) in the UK.

Step 5: Complete a Biometric Appointment

After submitting your UK’s Global Talent Visa application, you will be required to attend a biometric appointment. During this appointment, you will provide your fingerprints and a photograph, which are essential for your visa application.

Step 6: Await the Decision

After your biometric appointment, you will need to wait for a decision on your UK’s Global Talent Visa application. Processing times can vary, but you will be notified once a decision has been made.

The UK’s Global Talent Visa is an excellent pathway for talented individuals looking to establish themselves in the UK. With its flexible work options and the potential for permanent residency, it’s a route worth considering. If you need help with your application, Kash Legal Services is here to assist you throughout the process. We have experience working with a diverse range of clients and can provide the support you need to succeed.

For more information or to begin your application, contact us today!

Uk visa and immigrationbyKash Legal ServicesNo CommentsDecember 2, 2024December 2, 2024

The Inadmissibility of the ‘Discretion Test’ in LGBTQI+ Asylum Claims

At Kash Legal Services, we stand firm in our commitment to advocate for the rights of all individuals seeking asylum, particularly those from marginalized communities, such as LGBTQI+ individuals. The inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims was recently underscored in a ruling by the European Court of Human Rights (ECHR) in the case of M.I. v. Switzerland (56390/21), highlighting the critical importance of thoroughly evaluating these claims.

Understanding the Ruling

The ECHR emphasized the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims, ruling that states cannot assume LGBTQI+ individuals can evade persecution by concealing their sexual orientation. The Swiss authorities failed to conduct a comprehensive risk assessment of M.I.’s potential treatment upon returning to Iran, where homosexuality is criminalized, demonstrating the inadequacy of this flawed approach.

Critique of the ‘Discretion Test’

The court decisively rejected the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims, stating that expecting individuals to hide their sexual orientation fails to account for the real risks LGBTQI+ individuals face. In M.I.’s case, the Swiss authorities unreasonably presumed his sexual orientation could remain hidden in Iran, ignoring the grave dangers of discovery.

Necessity for Comprehensive Risk Assessments

The ECHR ruling further reinforces the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims, stressing the importance of evaluating the risks LGBTQI+ applicants face in their home countries. States must consider the overall climate for LGBTQI+ individuals, the applicant’s specific circumstances, and the availability of state protection against harm from private actors.

Commitment to Human Rights

At Kash Legal Services, we affirm the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims, advocating for fair and thorough assessments that ensure individuals are not returned to environments where they face persecution. Protecting LGBTQI+ individuals reflects not only legal obligations but also a moral commitment to human rights and dignity for all.

If you or someone you know is navigating the asylum process as an LGBTQI+ individual, Kash Legal Services is here to provide dedicated support, ensuring that the inadmissibility of the ‘discretion test’ in LGBTQI+ asylum claims is upheld and that every individual’s rights are protected.

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