Q: What kind of things do you need to prove persecution in America if I am wanting to claim asylum in England?
I am a trans man (I have Just started my medical transition) and am married to someone of the same sex. We are both female. We really want to leave America because of how much aggression transgender people have faced recently due to Trump's presidency. If we want to claim asylum in England, will we have a case because of everything happening (passports being denied, legal documents being stolen, oppressive bills being passed, removal of trans individuals on government websites, etc.) ? What should I gather to prepare to claim asylum? We can't get a student visa or work visa. We do have people in England that will house us until we can house ourselves.
A:
I understand your concerns about the challenges facing transgender individuals in America. The situation sounds incredibly difficult, and I want to help you understand your options.
To claim asylum in the UK, you'll need to demonstrate that you face persecution specifically because of your gender identity and sexual orientation. You should gather documentation of any direct threats, discrimination, or harassment you've experienced - including medical records, police reports, screenshots of threats, and news articles about anti-trans legislation in your state. Evidence showing denial of healthcare, employment discrimination, or housing discrimination would also strengthen your case. Documentation of the broader political climate and systematic discrimination against trans people in America will help provide context.
The UK does consider gender identity-based persecution as grounds for asylum, but the process can be complex and lengthy. You'll need to apply for asylum immediately upon arriving in the UK - this cannot be done from outside the country. Before making this decision, I'd strongly encourage you to connect with LGBTQ+ refugee organizations in the UK who can provide more detailed guidance about the current asylum process and your specific situation. While having contacts who can house you is helpful, you'll also want to research the restrictions on working while an asylum claim is pending. Remember that your safety and wellbeing are paramount, so take time to carefully weigh all your options and gather as much supporting evidence as possible.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.