What is the process to claim Asylum in the UK?

If you are in the UK and believe that returning to your home country would expose you to danger, you may apply for asylum. This process allows you to stay in the UK based on the grounds of persecution or threat to your life in your home country.

Asylum refers to the protection granted to individuals in the UK due to fears of persecution in their home countries. According to the 1951 Refugee Convention and Article 14(1) of the Universal Declaration of Human Rights, refugees are individuals unable to return to their home country due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

Eligibility for Asylum in the UK

In order to be eligible for asylum, you must prove that:

1. You face a genuine threat of persecution or harm if you return to your country of origin.

2. Your government is either unwilling or unable to protect you from this threat.

Note: Asylum claims cannot be based on personal reasons such as wanting to reunite with family or pursuing work or studies in the UK. Claims are strictly for those fleeing persecution.

The Asylum Process in the UK: A Step-by-Step Guide

The UK asylum process is designed to evaluate the authenticity of your claim, gather necessary documentation, and assess whether you meet the criteria for protection. The process consists of four main phases:

1. Register Your Asylum Claim

2. Screening

3. Asylum Interview

4. Decision on Your Asylum Claim

Step 1: Register Your Asylum Claim

The first step in claiming asylum is registering your claim as soon as possible after arriving in the UK. The Home Office advises you to make your claim as soon as you arrive in the country or when you are certain about the situation in your home country. Delays in making your claim could affect its outcome.

Key points:

• If you are arriving in the UK by air, sea, or land, inform border officials of your intention to seek asylum.

• If you are already in the UK, contact the asylum screening unit in Croydon (or the relevant unit in your area).

• You will need to present your passport, any identity documents, and any proof of the danger you face, such as police reports, medical records, or documents from local human rights organizations.

Step 2: Screening for Asylum

The screening meeting is typically your first face-to-face interaction with the UK Home Office after registering your asylum claim. During this session, your biometric data (photograph and fingerprints) will be taken.

What Happens at the Screening:

• You’ll provide information about why you’re claiming asylum, including the risks you face.

• You’ll be asked about your identity, medical history, and details of any dependents (partner and children under 18).

• If needed, an interpreter will be available to assist you during the screening.

After the meeting, you’ll be given an Asylum Registration Card (ARC) and will be informed of the next steps, which may include receiving an appointment for the next phase of the process (the asylum interview).

Step 3: Asylum Interview

This interview is a critical stage where you will explain in detail why you believe returning to your home country would be dangerous. It’s essential that you provide as much evidence as possible, including:

• Personal testimonies of persecution.

• Supporting documentation (e.g., newspaper articles, medical reports, legal documents).

Tips for the Asylum Interview:

• Be honest and clear about your experiences.

• Make sure all documents, including the ARC and any medical evidence, are available during the interview.

• You may request legal advice, or an interpreter to help ensure clear communication.

Step 4: Receiving a Decision

The waiting period for a decision on your asylum claim can vary, often taking six months or longer. However, you are allowed to stay in the UK while your claim is being processed, provided you maintain contact with your caseworker.

Possible Outcomes:

1. Asylum Granted: If your claim is successful, you will receive Refugee Status and be granted Leave to Remain for 5 years.

2. Humanitarian Protection: If your claim is refused but it would violate your human rights to return to your country, you may be granted leave to stay in the UK for humanitarian reasons.

3. Asylum Denied: If your claim is refused, you may be asked to leave the UK, though you can appeal the decision within 14 days (or 28 days if outside the UK).

What Support is Available for Asylum Seekers?

While your asylum claim is being processed, you may be entitled to basic support under Section 95 of the Immigration and Asylum Act 1999. This includes:

• Accommodation support

• Financial assistance for essential needs

If you are granted asylum, you will have 28 days to find alternative housing.

Legal Help for Asylum Seekers

Navigating the asylum process can be complex. It is highly advisable to seek legal advice from qualified immigration lawyers who can guide you through each step. MSD Solicitors, experts in asylum and immigration law, offer free consultations to help ensure your claim is as strong as possible. Our team can assist you with gathering evidence, preparing your interview, and liaising with the Home Office.

Top 5 Common Questions About the Asylum Process

1. How long does the asylum process take in the UK? The processing time for an asylum claim typically takes 6 months or longer, depending on the complexity of your case and any additional evidence needed.

2. Can my family claim asylum with me? Yes, if you have dependents (such as a partner or children under 18) who are with you in the UK, they can be included in your asylum application. They may also apply separately if needed.

3. What happens if my asylum claim is refused? If your claim is refused, you may appeal the decision. If you fail the appeal, you will be required to leave the UK, unless you qualify for other forms of protection (e.g., humanitarian protection).

4. Can I work while waiting for my asylum decision? You can only work if you have been granted permission to do so. You’ll be informed about this during the screening phase. If permitted, you may work in the UK while your claim is under review.

5. What support is available for asylum seekers? Asylum seekers in the UK can receive support under Section 95 of the Immigration and Asylum Act 1999, which includes basic accommodation and financial assistance while awaiting a decision on their claim.