Eligibility for Asylum

To be eligible for asylum in the UK, an individual must prove:

• Well-Founded Fear of Persecution: The individual must show that they have a valid reason to fear persecution in their home country based on one of the following grounds:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group (e.g., gender, sexual orientation)
• Timing of the Claim: Asylum claims should typically be made as soon as possible after arrival in the UK. If an asylum seeker waits too long to claim asylum, they may face challenges in proving the genuineness of their claim.
• No Safe Alternative: The individual must not be able to find safety in any part of their home country or any other country to which they could travel.

How to Apply for Asylum in the UK

1. Arrival in the UK: An individual must be physically present in the UK to apply for asylum. Asylum seekers can apply at the port of entry (such as an airport or seaport) or within the UK after entry.
2. Making the Asylum Application: After arriving, the applicant will make their asylum claim with the UK Home Office. This is done by completing an asylum application form and attending an initial screening interview. This is where the applicant will provide their details and reasons for seeking asylum.
3. Screening and Interview: After the application is made, the Home Office will schedule a screening interview to check the applicant’s identity, travel history, and reasons for seeking asylum. The asylum seeker must provide any evidence they have to support their claim, such as medical records, witness statements, and documents that show the danger they face in their home country.
4. Decision: Following the interview, the Home Office will assess the asylum application. This can take several months depending on the complexity of the case. There are three possible outcomes:
   • Grant of Refugee Status: The applicant is granted asylum and allowed to stay in the UK.
   • Refused Claim: The applicant is denied asylum, and they may be required to leave the UK.
   • Further Information Needed: In some cases, the Home Office may request more information before making a decision.
5. Appeals: If the claim is refused, applicants have the right to appeal the decision in an immigration tribunal.

Asylum Support and Rights During the Process

• Accommodation: Asylum seekers may be provided with accommodation and financial support while their application is being processed, usually through government schemes like Section 95 of the Immigration and Asylum Act 1999.
• Work Rights: In most cases, asylum seekers are not permitted to work in the UK while their claim is pending, but they can apply for permission to work if they have been waiting for a decision on their claim for over a year.
• Access to Healthcare: Asylum seekers in the UK can access healthcare through the NHS while their claim is being processed.
• Legal Aid: Asylum seekers have the right to access legal advice and representation, which may be funded by legal aid, depending on their financial situation.

Refusal of Asylum Claims

If the Home Office refuses an asylum claim, the applicant can lodge an appeal. There are two types of appeals:

1. Preliminary Appeal: A quick review to see if the asylum seeker should be allowed to stay while they appeal.
2. Full Appeal: This is a more thorough process and involves presenting the case to an immigration judge.

If the appeal is unsuccessful, the asylum seeker may be asked to leave the UK. However, in certain situations, they may be able to seek permission to remain in the country under other immigration routes or through humanitarian protection.

Asylum Seekers with Children

Asylum seekers with children may receive additional support to ensure that their children’s well-being is safeguarded while their case is being processed. There are provisions to protect the welfare of minors in asylum claims under UK law.

Refugee Status and Rights After Granting Asylum

Once granted asylum, individuals are granted refugee status, which gives them the right to remain in the UK. Refugees:

• Can stay in the UK for an initial period of 5 years.
• Are allowed to work and study in the UK.
• Have access to public funds, such as housing and healthcare.
• Can apply for permanent residence (Indefinite Leave to Remain) after five years if they meet the necessary criteria.

Pitfalls and Common Issues with Asylum Claims

• Late Claims: If the asylum claim is made too late without a reasonable explanation, it may negatively impact the outcome of the case.
• Incomplete Evidence: Failing to provide adequate evidence of persecution can lead to a refusal of the claim.
• Non-Cooperation: If an asylum seeker fails to attend scheduled interviews or does not comply with the requirements of the asylum process, it may lead to refusal or delays.

How We Can Help

Our immigration law specialists can assist you with the asylum process, ensuring that all necessary steps are followed and that you have the best chance for success. From gathering and submitting documentation to representing you in appeals, we offer comprehensive support throughout your asylum claim journey.