Asylum Case
We assist with preparing your application, gathering evidence, attending interviews, and advising on appeals if your claim is refused. Our goal is to protect your rights, guide you through every step of the process, and give you the best possible chance of a successful outcome.
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Asylum Case Overview
An asylum- seeker is a person who flees because of a fear of prosecution in his own country in his own country and who, as a result is seeking the protection of the UK government. Such protection is granted if that person is given the immigration status of a refugee. Otherwise, on human rights grounds, he may be granted what is known as humanitarian protection or discretionary leave.
Asylum claims are dealt with by the Home Office. If you wish to have a complete understanding of the procedures, it is best to consult with the Home Office.
Anyone in the UK can make an asylum claim, regardless of your immigration status. This includes someone who has arrived without a visa or with forged documents, or someone who has obtained limited leave to enter for a different reason e.g., visitor, an overstayer, or an illegal entrant. The claim can be made on entry or after entry to the UK.
Due to government policies, asylum seekers are not permitted to work whilst their claim is being considered. Instead, it is suggested that they volunteer whilst their claim is being considered. However, as a claimant, if your claim has been outstanding for more than 12 months through no fault of your own, then the Home Office may grant permission to work.
The Refugee Convention
The immigration rules define an applicant for asylum as a person who makes an application to be recognised as a refugee under the refugee convention on the basis that it would be conflicting to the UKs obligation under the Convention for him to be removed from or required to leave the UK, otherwise makes a request for international protection.
In order to be granted asylum, or of a refugee status, a claimant must meet the following requirements which is set out in Article 1 A. of the Refugee Convention:
- The claimant must be owing to well-founded fear of being prosecuted for reasons of race, religion, nationality,
- membership of a particular social group or political opinion, is outside the country of his nationality
- And is unable or, owing such fear, is unwilling to avail himself of the protection of that country
- Or who, not having a nationality and being outside the country of his former habitual residence… is unable, or owing to such fear, is unwilling to return to it.
Humanitarian protection and Discretionary leave
Arises where an individual claim that although they are in need of international protection, they are not seeking asylum, and the reasons given clearly do not engage the UK governments obligations under the Refugee Convention, then it will be accepted as a standalone claim for humanitarian protection.
A person granted humanitarian protection is usually granted 5 years leave to remain in the UK. After holding limited leave for 5 years, an application can be made for settlement.
Eligibility requirements
In order to enter the UK, you must be in possession of a passport or travel document. The document in question should be valid for the entirety of your stay.
You must be able to provide evidence that supports these requirements:
you are genuinely seeking entry to the UK for a purpose that is permitted under this visa
you will not participate in any prohibited activities
you will leave the UK at the end of your visit
you have the means to support both yourself and your dependants during your trip (or have funding from an external party/parties to support you)
you can pay for your return or onward journey (or, again, have funding from an external party/parties to pay for the journey)
you will not make the UK your main home or live in the UK for extended periods through frequent or successive visits
If you’re visiting the UK, there may be extra eligibility requirements that you may have to meet:
to study, take an exam or do a placement
as an academic, dentist or senior doctor
for a permitted paid engagement
for medical purposes
The requirements for what you’ll need to enter the UK may differ if you’re travelling from Ireland, Jersey, Guernsey or the Isle of Man linked for your ease.
Discretionary Leave
Majority of claims for discretionary leave are likely to arise in the context of asylum claims. However, a stand-alone human rights claim may also result in a grant of discretionary leave if the qualifying criteria are met.
The Home Office guidance is the fact that the applicant is suffering from a distressing medical condition effecting life expectancy or mental health, may not itself, be adequate. The applicant will need to show exceptional circumstances that prevent return e.g., being in the final stages of an illness without prospect of medical care or family support on return. (Where return will result in a blatant denial of an ECHR right in the person’s country)
‘Inadmissible’ claims
The illegal migration Act 2023 became law on 20 July 2023 but not all parts of it have started
If you have travelled through a ‘safe third country’ on your way to the UK or have a connection to a safe country, your asylum claim may not be admitted to the UK asylum process. A ‘safe third country’ is one which is assessed as safe according to specified criteria. Inadmissibility: safe third country cases).
In such cases, arrangements will be made, to find a safe country that will admit you there. This country may be a safe third country in which you were present before claiming asylum in the UK, one with which you have some other connection or any other safe third country that will accept you. If you are being removed to a safe third country your asylum claim will not be considered in the UK. You will be informed of this and any appeal rights you may have.
If you are an EU national, then the UK will not substantively consider your claim except in exceptional circumstances.
When claiming asylum in the UK:
You’ll need documents for yourself and your dependants (partner and children under 18) for your asylum screening.
Documents you should bring (if you have them) include:
- passports and travel documents
- identification documents, for example identity cards, birth and marriage certificates or school records
- anything you think will help your application
Your asylum claim may be stronger if you can show proof that you were persecuted in your home country. You should give your interviewer as much proof as you can, even if it’s hard to get.
The following would be helpful:
- Arrest warrant.
- Membership card for a political party
- published newspaper or media piece telling your story or how you were persecuted
- Any other proof to back up your claim
The possible outcomes:
- Refugee status: 5 years of leave to remain
- Humanitarian protection: granted in cases of serious risk but not meeting the Refugee convention criteria
- Refusal: Appeal or voluntary return options
Asylum Appeals
A person refused asylum can appeal in 14 days receiving the Home Office decision letter.
Applying for Asylum in the UK?
If you are seeking protection in the UK, our experienced immigration solicitors are here to assist. Please fill in the form below and a member of our team will contact you shortly to guide you through the process with care and confidentiality.
Frequently Asked Questions on the UK Asylum Process, Work Permission, Housing and Support
The asylum process in the UK can be complex and time-consuming. In this section, we answer the most common questions about when you may apply for permission to work, what housing and financial support is available, how the interview process works, and what to do if your claim is refused. Our aim is to provide clear, reliable information to help asylum seekers understand their rights and responsibilities at every stage.
When you claim asylum you are not allowed to work whilst your claim is being considered. The individual is provided with accommodation and support to meet their essential living needs. The individual may be able to apply for permission to work if the claim has been outstanding for more than 12 months and they were not responsible for any delay in making a decision on the application. Or if the asylum application was refused they can ask for permission work if they have sent more asylum-based pieces of evidence which is more than 12 months and they were not responsible for any delay in making a decision to the application.
No asylum seekers with permission to work are not allowed to do any job. Their employment is restricted to jobs listed on the immigration salary list if their application was submitted on or after April 4 2024 or on the shortage occupation list if submitted before that date. This permission allows asylum seekers to work in specific roles, but they cannot be self-employed or work in jobs not on the respective list.
If your ARC expires, you must contact the home office using the online ARC enquiry form to request a replacement. While waiting for your new card, your employer can verify your right to work with the employer checking service (ECS) by providing proof of your pending application.
Asylum seekers in the UK can receive asylum support from the Home Office if they are destitute, meaning they have no adequate accommodation or are unable to afford essential living costs like food and toiletries. This support, provided under Section 95 of the Immigration and Asylum Act, can include basic housing (often on a no-choice basis) and financial assistance paid via a card. You must have an ongoing asylum claim to qualify for this support, which continues until a final decision is made on your claim.
Yes, an asylum seeker staying with friends and with no money can still apply for support from the Home Office in the UK, as this is known as “subsistence-only” support, or Section 95 support. This provides a weekly cash allowance for living expenses, such as food, clothes, and toiletries, but does not provide accommodation. You should contact the Home Office or a support organization like Migrant Help to apply.
An asylum seeker should seek to delay their interview only if they are medically unwell, experiencing overwhelming distress, or facing other exceptional circumstances that prevent them from attending or participating effectively. In such cases, prompt communication with the Home Office, providing evidence such as a doctor’s note, and getting legal advice is crucial to avoid the claim being treated as withdrawn.
The Home Office can take months or even over a year to decide on an asylum claim in the UK, as there is a significant and growing backlog of cases.
In the UK, a client typically has 14 days to appeal a refused asylum claim from the date they receive the decision letter. There is a 28-day deadline if the applicant is outside the UK.
The main differences between appealing inside and outside the UK lie in time limits, the right to remain in the UK, and the ability to travel. Inside the UK, appeals often have shorter deadlines (14 days) but allow you to stay in the country with a pending appeal, though travel is restricted. Outside the UK, you typically have a longer deadline (28 days), but you must already be outside the country to appeal from abroad.
It is appropriate to seek a judicial review instead of an appeal when you are challenging the lawfulness of a public body’s decision-making process, rather than the correctness of the decision itself. Judicial review is a remedy of last resort and is only considered if there is no other right of appeal available to challenge the decision.
You can apply for Indefinite Leave to Remain (ILR) (settlement) in the UK after holding refugee status for five continuous years. At the end of this five-year period, you can apply for permanent residence, which allows you to stay in the UK without a time limit.
Yes, people granted humanitarian protection in the UK have had the same family reunion rights as refugees under the now-suspended Family Reunion (Protection) Appendix (FRP), allowing them to sponsor close family members to join them in the UK, though the route has been suspended since September 4, 2025, for new applications. Both status types allowed for reunification with spouses or partners and dependent children, with similar benefits for family members joining the UK such as the right to work, study, and eventually settle.