Claim Asylum in the UK

In the UK, under the protection of the 1951 Refugee Convention, an asylum seeker has the fundamental right to seek asylum and refugee status. This begins with a detailed application, where applicants outline their circumstances and reasons for seeking asylum. The thoroughness of this submission significantly influences the later stages.

The UK Home Office reviews the application and documentation to assess credibility, and evaluate potential risks.

Successful applications proceed to the asylum interview, where applicants can provide additional details and strengthen their asylum claims. Thorough preparation and legal representation is important during this phase.

Page Contents

• Overview of the Asylum Process
• Eligibility Criteria for Claiming Asylum
• Situations Where Your Claim Might Not Be Considered
• Services and Information Available for Asylum Seekers
• Asylum Application Procecss in the UK
• Documents required to claim Asylum in the UK
• Attending an Asylum Screening
• After Your Asylum Screening
• Asylum Interview
• Asylum If You’re Under 18
• Understanding the Role of Lawyers and Legal Advice
• Section 120 ‘One Stop’ Notice: What You Need to Know
• Responding to a Section 120 Notice
• Consequences of Not Responding to a Section 120 Notice
• Reporting to the UK Home Office During the Asylum Process
• Detention and Its Implications for Asylum Seekers
• Success Rates of Asylum Claims
• FAQS

Understanding the eligibility criteria is vital before claiming asylum in the UK. To qualify for asylum in the UK, individuals must demonstrate that they are unable to live in their country of origin without fear of persecution based on factors such as race, religion, nationality, political opinion, or membership of a particular social group. Providing detailed and credible evidence that substantiates these claims is paramount for a successful application.

Applicants must present a strong case supported by various documents, including birth certificates, identity cards, and any other relevant proof. Recent changes in eligibility criteria and legal precedents may impact cases, so it is important to seek personalised legal advice.

While the UK government is committed to providing asylum to those genuinely in need, certain circumstances may impact the consideration of a claim. If an individual has a right to reside in another safe country with granted protection, their claim to seek asylum in the UK may not be considered.

When an asylum seeker has engaged in criminal activities or deliberately destroyed identification documents, may render their claim ineligible. Exploring alternative options and seeking legal advice is strongly advised.

Seeking early legal advice allows individuals to explore alternative options, address potential issues, and understand the implications of their specific circumstances. Contact one of our qualified professionals at London Immigration Lawyers today on 0204 502 8582, or contact us via our live chat.

Asylum seekers have access to a range of support services in the UK, including accommodation, financial assistance, and healthcare. These services aim to reduce the challenges faced by those seeking asylum. Understanding these services is essential for those navigating the asylum journey.

Beyond legal assistance, asylum seekers can access support from charitable organisations, non-government organisations and community groups. They can offer practical support such as language assistance and counseling services. Asylum seekers are encouraged to explore these resources to increase their understanding of available support during the asylum process.

You should apply for asylum as soon as possible when you arrive in the UK.

To begin an asylum claim, individuals must complete the necessary UK Home Office forms. They will be required to provide details about their identity, background, family, and reasons for seeking asylum.

Asylum seekers should include personal statements detailing their experiences and any supporting evidence, like letters of persecution, medical records, or witness statements. Each piece contributes to the overall strength of the application.

The asylum application process involves:

• An initial screening interview where you provide basic personal history and have your fingerprints and photo taken.
• Being placed on immigration bail, requires you to stay at a registered address and potentially report to authorities on a weekly or monthly basis.
• Completing a written one-stop notice document or preliminary information questionnaire form to provide details about your asylum claim.
• An in-person interview to fully explain why you are seeking asylum and provide supporting evidence of persecution. You can bring a lawyer to this interview

You will also need to provide documents such as

• Passport
• Police registration certificate
• ID documents such as an identity card, birth certificate, marriage certificate, or school records

Bring anything else you think could help your case. If you do not have the required ID, talk to your asylum adviser right away for advice.

If approved, you get permission to stay in the UK for 5 years (called Leave to Remain). You can then apply to settle. If you don’t qualify as a refugee, you may get permission to stay for humanitarian reasons. After 5 years you can apply to settle. You may also get 2.5 years’ leave for human rights reasons.

The application process might pose challenges, like language barriers or fear of disclosure. Seeking legal advice before submitting the claim can help address these challenges, ensuring a thorough and well-informed application.

It is important asylum applicants provide supporting evidence. These include:

• Passports or ID card
• Proof of dangerous country conditions
• Police records
• Medical/psychological evaluations
• Birth certificates or marriage licenses
• Membership of unions or organisations
• Witness statements
• Copies of threatening messages
• Documentation of injuries
• Proof of address

If you want to apply for asylum in the UK, you will need to attend an asylum screening. The screening can take place at the UK border if you want to claim asylum straight away, or inside the UK if you become eligible.

An asylum screening at the border is where you register your claim and explain your case to an immigration officer. You will need to have your photograph and fingerprints taken, and you will be interviewed to find out who you are and where you came from.

You and your dependents, such as your partner and children (under the age of 18), will need to provide any relevant medical information, for example, if you’re on any medication.

You will need to explain why you want to claim asylum and bring documents with you (if you have them), such as your passport, your birth or marriage certificates, identity cards, or anything else you think will help support your case.

You may be able to ask for a male or female interviewer; however, your choice may not always be possible to accommodate. You can also ask for an interpreter if you need one.

If you’re already in the UK and want to claim asylum, you will need to arrange an appointment via the asylum registration appointment line. During the call, you will be asked questions such as your name and personal details and will be asked if you need help with housing. You will not be asked to explain your asylum case at this stage; you will do this when you attend your appointment.

During the call, you will need to make the receiver aware if you are bringing any dependents with you to your appointment and if you need an interpreter. You must also state if you are under the age of 18 and will need to be accompanied by someone else at your appointment.

If you are eligible for asylum, you will be offered an interview at your nearest asylum registration centre unless it is decided you don’t need one. If there is enough evidence at your screening, you may be granted protected status without having to attend an appointment.

It is important not to attend a registration centre without an appointment, as you will most likely be turned away.

After you have been screened, the UK Home Office will review your case and decide whether or not you are eligible to claim asylum in the UK.

If it is decided that you are not eligible for asylum in the UK, you may be sent to a safe country to claim asylum there. This could be a safe country that you have already passed through to get to the UK, or a safe country you already have a connection to.

If you are eligible, you will be given an asylum registration card (ARC) and your information will be passed to an allocated caseworker who will deal with your claim. You will be offered an interview with your caseworker to present your case in detail, who will decide whether or not you can be granted asylum in the UK.

Interviews usually take place shortly after your screening. You will receive a letter detailing where and when you need to attend, and what you may need to bring with you. The letter will also tell you if your dependents also need to attend an interview.

If you miss your appointment, your asylum claim will be cancelled, and you will need to reapply if you still want to remain in the UK.

You will usually be interviewed alone and without your family members, but with an interpreter if you need one. You are also entitled to bring a legal representative with you, such as a lawyer, to advocate for your interests and protect your human rights.

During the interview, you will need to explain your case, present your supporting documents and answer all questions as set out by the UK authorities.

It is important to note that some questions can be of a sensitive nature, and you may find them difficult to answer; however, all information you give will be treated as confidential and will not be passed back to the authorities of your country of origin. You should tell the caseworker as much as possible and give as much detail as you can to secure the best chance of success.

You may be asked to send further evidence after your interview has taken place, if your caseworker thinks it may help the Home Office reach a decision on your application. You may need to meet your caseworker regularly while you wait for a decision on your claim. It is important to take your ARC with you to these events, and it is important to note that if you do not attend, your claim can be cancelled.

Sometimes children under the age of 18 need to claim asylum on their own and not as a dependent of an asylum-seeking adult. The process to claim asylum in the UK if you’re under 18 slightly differs depending on whether or not you are under the care of social services.

If you are not under the care of the social services, you should claim asylum by using the walk-in service at the asylum intake unit. If you have an adult who is usually responsible for your care, they must attend the intake unit with you. If you don’t have an adult who is willing to take responsibility for you, you can contact the social services, the police, or go to the intake centre alone.

If you are under the care of the social services, you should call the intake centre to book an appointment. You will need to provide your personal details such as your name, address and contact details, your carer’s details and details of any medical conditions you may have.

Those looking for asylum have basic rights to healthcare, education, employment, and social welfare benefits. They do not have unlimited access to public funds or the full rights of citizens. However, they are entitled to essential services and support to meet basic needs during the application process.

All asylum applicants can register with a GP and receive free emergency and essential healthcare from the NHS. Children can attend state-funded primary and secondary schools.

Those looking for asylum do not have permission to work in the UK, but there are exceptions. You can apply if you’ve waited over 12 months for a decision on your asylum case or if you were denied asylum, and there’s been no response to your submissions filed more than 12 months ago.

While waiting for a decision, you may be eligible for accommodation like a flat, house, hostel, or bed and breakfast. If there’s no accommodation, you might be held in an immigration detention centre. You will receive a weekly allowance for each person in your household for essentials like food, clothing and toiletries.

Legal representation can often be a determining factor in the outcome of an asylum claim. Qualified and experienced legal professionals, such as London Immigration Lawyers, provide invaluable assistance throughout the asylum process. This help includes guiding applicants through complex legal requirements, preparing a compelling case, and representing them in interactions with immigration authorities.

Access to free or low-cost legal advice is available through various organisations and resources. Asylum seekers are encouraged to seek legal assistance early in the process to enhance the likelihood of a successful outcome.

The Section 120 ‘one stop’ notice is a critical aspect of the asylum process. Issued by the Home Office, the purpose of this notice is to combine various legal processes into a single procedure for individuals with complex immigration histories. By doing this, it makes the process a lot easier for both the applicant and the Home Office.

Individuals receiving a Section 120 notice must respond both promptly and comprehensively. Although this timeframe can vary, it is usually within a few weeks of receiving the notice. This notice may require the applicant to submit additional documentation, attend an interview or to address any concerns which may have been raised. Failure to respond to this notice may have serious consequences for the asylum claim.

The response to a Section 120 notice is an important part of the asylum-seeking process. Individuals must carefully follow the instructions provided, submit any required documentation or information, and address any specific concerns raised by an immigration officer. Seeking legal advice before responding ensures that the individual provides a comprehensive and well-informed reply, safeguarding their asylum claim.

Legal professionals play a crucial role in guiding individuals through the response process and helping individuals understand the specific requirements of the notice, assist in gathering necessary documentation, and ensure that the response is thorough and in compliance with legal standards.

Failure to comply with a Section 120 notice can have severe consequences for an asylum claim. Non-compliance may result in the cessation of support, restrictions on the right to work, or even removal from the UK. Understanding the potential impact of not responding is crucial. Individuals facing difficulties in responding within the given timeframe should seek legal advice promptly to explore options and correct the situation.

Legal professionals can intervene to address challenges in responding to a Section 120 notice. Whether the individual faces logistical barriers, complexities in providing the required information, or other challenges, legal representation ensures that the response is well-structured, comprehensive, and submitted within the stipulated time frame. Contact one of our specialist lawyers today on 0204 502 8582.

Asylum seekers are required to report to the Home Office at specific intervals. Reporting serves as a means of monitoring individuals’ circumstances, ensuring compliance with immigration requirements, and assessing any changes in their situation. Understanding the reporting requirements, including frequency and purpose, is vital for individuals navigating the asylum process.

Failure to report as required may result in adverse consequences, such as the suspension of support or a negative impact on the asylum claim. Individuals should be aware of the reporting process, understand its implications, and seek legal advice if facing challenges in meeting reporting requirements.

Detention is a possibility for people seeking asylum, particularly in cases where there are concerns about a person’s immigration status. Additionally, concerns related to compliance with reporting requirements or uncertainties about identity can trigger the detention process. It is, important for asylum seekers to be aware of their rights and the circumstances under which detention may be deemed necessary.

Seeking legal advice when confronted with detention is essential for navigating these challenges effectively. Legal professionals can provide guidance on the rights of individuals in detention, help challenge unlawful detention, and ensure that due process is followed. Understanding the role of legal representation in detention is crucial for those facing this challenging aspect when seeking asylum.

Success rates in UK asylum claims hinge on the strength of an individual’s case, emphasising the need for a compelling narrative supported by credible evidence during the asylum interview. Typically, around 70% of asylum claims in the UK are granted. However, while success rates offer a broader context, each asylum case is unique. Success depends on various factors, including the strength of the individual’s case, the quality of legal representation, and the prevailing political and social climate.

Individuals should manage their expectations based on the complexities of their unique situations. While success rates provide a broader context, each case is individual. Seeking legal advice early in the asylum claim and process ensures that individuals have a realistic understanding of their prospects, empowering them to make informed decisions throughout the asylum-seeking journey.