Finding safety and protection abroad might be the difference between life and death for people who are fleeing persecution and danger from their home country.
The United Kingdom has a strict process for assessing applications and awarding refuge to individuals who meet the requirements under both local and international law.
However, navigating the complex UK asylum procedure can be intimidating for those seeking protection. This article will outline the process, requirements, and benefits of applying for asylum in the United Kingdom.
Understanding the Process of Seeking Asylum in the UK
If an individual cannot return to their home country due to fear of persecution, they are legally entitled to apply for asylum in the UK. A successful asylum claim requires meeting specific requirements, which can take a while.
Once in the UK, one must submit a first asylum application. This needs to be based on the fact that the individual fled their nation and is unable to go back because they fear persecution, which has put their lives in jeopardy.
After the initial asylum application at a border port or airport, a meeting with an immigration official will occur, referred to as “screening.” You must bring any relevant documentation for your case to these in-person appointments.
After that, the Home Office will determine if you can file an asylum claim. Furthermore, you must appear for a substantive asylum interview with a caseworker if you are confirmed to be eligible to file a claim. This interview is your opportunity to explain why you are claiming asylum.
You are allowed to attend this consultation with an immigration attorney or solicitor. About six months from this appointment, you will get a decision on your application. You will likely need help to work while your claim is being handled.
If your application is denied, you can file an appeal. It is advised that you seek the aid of a knowledgeable immigration attorney to help with your application because asylum legislation is complicated.
Requirements for an Asylum Claim in the UK
In the United Kingdom, obtaining asylum requires meeting specific qualifying standards. The primary need is that you must be unable to live anywhere in your country of origin without fear of persecution.
The UK government has listed the following categories as the basis for this persecution:
- Race
- Religion
- Nationality
- Political opinion
- Gender identity, sexual orientation, or another factor that will result in persecution because of the social, political, or religious culture in your country.
You must demonstrate that you requested protection from national authorities but were turned down. Furthermore, the perpetrator of the persecution must be an official government agency or a group of people that the government has approved, either officially or indirectly.
There are situations in which the Home Office could reject your asylum claim. According to new regulations, after Britain left the EU, your claim might not be approved if you are arriving from another EU country or passed via another country en route to the UK.
The Necessary Documents for Asylum in the UK
You must provide several documents if you are submitting an asylum claim. Each stage of the process requires different documents.
For the initial screening interview, you should provide:
- Passports or travel documents
- Police registration certificate
- Proof of identity documents (e.g., identity cards, birth certificates, marriage or divorce certificates, official school records)
- Any other relevant documents that may help your case
If you are already resident in the UK when making an asylum claim, you should be prepared to provide proof of address. This could include:
- Letter from a bank
- Housing benefit documents
- Council tax letter
- Lease or tenancy agreement
- Utility or household bill
- Alternatively, evidence that you are staying with another person
Various types of documentation are needed for the substantive asylum interview. If you can provide documentation of your persecution in your home country, it might help your case for asylum.
It is advisable to provide your interviewer as much evidence as possible, even though this may be challenging to collect. The following would be beneficial:
- Arrest warrant
- Political party membership card
- Published newspaper or media article detailing your story or persecution
- Any other evidence to support your claim
This proof ought to be authentic and unadulterated in any manner. Your immigration attorney will assist you with the submission procedure and review the evidence you should provide.
Asylum solicitors can advise on the types of documents that you should submit to the Home Office as part of your application claim and ensure that all the information given is accurate and pertinent, which can be an essential step in the process.
Eligible Benefits for Asylum Seekers in the UK
Several programs in the UK help asylum seekers meet their basic living needs, including housing and financial support.
If their asylum claim is being considered, applicants may be eligible for section 95 support, which requires the Home Office to pay for housing and a weekly subsistence allowance of £47.39, with additional money for maternal expenses.
Pregnant moms are also eligible for a £300 one-time maternity grant for each child. Meanwhile, emergency support under section 98 can be extended to needy individuals, providing some accommodation while the application for this kind of support is processed.
Children applying for asylum are eligible for free state schooling and healthcare from the National Health Service (NHS), with full-time education available from ages 5 – 18. However, if refugee status has yet to be obtained, university tuition costs may be assessed at an international rate.
Despite this, asylum seekers pursuing a degree in the UK may still be eligible for grants and scholarships. Having access to education is essential to starting a family again and making it sustainable.
It also helps individuals become more fluent in the language and culture and fully integrate into British society. Asylum seekers who are minors must attend school and may be eligible for free meals as further assistance.
Frequently Asked Questions
Can you switch from an asylum seeker to a UK Worker visa?
You generally need help switching from seeking asylum to gaining a UK Worker visa, such as the Skilled Worker visa. You may only apply for this visa after you gain refugee status.
It is also important to note that you may work as an asylum seeker after 12 months of waiting for a decision on your application.
Can asylum seekers bring families to the UK?
Generally, those granted refugee status may bring their family to the UK by applying for the family reunion process once the asylum claim has been accepted. Those still waiting for a decision may need help bringing dependents to the UK.
Can asylum seekers rent an accommodation?
Asylum seekers do not typically have the right to rent, though you can claim Section 95 support to help with accommodation and to buy food and other living necessities.
Once refugee status has been granted, you will be more able to choose where to live. However, you will no longer receive Section 95 financial and housing support and will, as such, have to ask for further government help to assist with living costs.
What happens if my application is unsuccessful?
Let’s say the UK rejects your asylum claim and does not acknowledge or protect you as a refugee. You might next be able to file an appeal or request a judicial review with the Immigration and Asylum Tribunal.
Upon completing any appeals process, you will be required to return to your country of origin voluntarily; if you do not, you may be subject to an order for enforced removal.
This could entail being taken into custody and held in a safe facility called an Immigration Removal Center until you are told to leave.