UK Immigration:
Asylum Applications

Asylum Solicitors UK – Asylum Applications and Refugee Protection

Individuals who fear persecution in their home country may be able to apply for asylum in the United Kingdom.

Asylum is a form of international protection granted to people who cannot safely return to their country because they face persecution or serious harm.

At TM Fortis Solicitors, our experienced immigration solicitors assist individuals seeking protection in the UK through asylum claims, humanitarian protection applications and appeals against asylum refusals.

What Is Asylum?

Asylum is protection granted by a country to a person who is unable to return to their own country due to a well-founded fear of persecution.

The UK’s asylum system is based primarily on the 1951 United Nations Convention Relating to the Status of Refugees and other international human rights obligations.

To be recognised as a refugee under the Refugee Convention, an individual must demonstrate that they fear persecution because of one or more of the following reasons:

Race
Religion
Nationality
Political opinion
Membership of a particular social group

The applicant must also show that their home country cannot or will not provide protection.

Protection Under Human Rights Law

In addition to the Refugee Convention, the United Kingdom must also comply with the European Convention on Human Rights.

This means that individuals cannot normally be removed from the UK if there is a real risk that they would face torture, inhuman treatment, or degrading treatment or punishment in their home country.

Where a person does not meet the strict definition of a refugee, they may still qualify for humanitarian protection or other forms of permission to remain in the UK.

How to Apply for Asylum in the UK

A person may claim asylum once they are physically present in the United Kingdom.

Asylum claims can be made:

At a UK port of entry (such as an airport) when arriving in the UK, or
After entering the UK by contacting the Home Office to arrange a screening interview

During the screening stage, the Home Office will record basic information about the applicant and the reasons why they are seeking protection.

Biometric information, including fingerprints and photographs, will also be taken.

Applicants are usually issued with an Application Registration Card (ARC) which confirms that they have made an asylum claim.

The Asylum Process

After the screening stage, the Home Office will begin examining the asylum claim in more detail.

The process generally includes:

Screening Interview – initial registration of the asylum claim
Substantive Interview – a detailed interview about the reasons for seeking asylum
Evidence Assessment – review of documents and supporting evidence
Home Office Decision

The Home Office will assess whether the applicant qualifies for refugee status or another form of protection.

Can Asylum Seekers Work in the UK?

Asylum seekers are generally not permitted to work while their claim is being considered.

However, in limited circumstances individuals may be able to apply for permission to work if their asylum claim has been outstanding for a prolonged period and certain conditions are met.

Refugee Status and Permission to Stay

If an asylum application is successful, the applicant will normally be granted refugee status.

This usually includes:

Permission to stay in the UK for five years
The right to work and study
Access to public services
The ability to apply for family reunion in certain circumstances

After completing five years of residence in the UK, refugees may be eligible to apply for Indefinite Leave to Remain.

If an Asylum Application Is Refused

If the Home Office refuses an asylum application, the applicant may have the right to appeal the decision to the Immigration and Asylum Tribunal.

An appeal allows an independent judge to review the case and consider whether the Home Office decision was correct.

Appeals can involve complex legal and evidential issues, and legal representation is often essential.