How to Claim Asylum in The UK

Asylum is a complex area of law which in today’s times is causing debates not only across the country but around the world.  This Article aims to help those who are thinking about claiming Asylum in the UK but are unsure as to what steps they need to take in order to process their claim.

What is Asylum?

Asylum is where the State (the UK for the purposes of this Article) protects a foreign national who has fled their home country because they fear for their life if they are forced to return there.  In law, this is covered by the 1951 Geneva Convention which sets out the basis for claiming Asylum, the rights of the Applicant and the responsibilities of the State.  

Under the 1951 Geneva Convention, a Refugee is defined "as a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his Nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable to, owing to such fear, is unwilling to return to it”.

Who is eligible for Asylum?

The individual seeking Asylum must show that they have suffered persecution or have a fear of being persecuted in the future based on their race, nationality, religion, political opinion or membership of a particular social group.

How do I claim Asylum?

After an individual has arrived in the UK, they should seek Asylum at the earliest oppurtunity.  This would normally be at an official port of entry such as an Airport or at a Sea Port.  You will need to explain to the Border Officer that you fear returning to your home country and why.  If you are unable to claim Asylum on entry, you should claim Asylum at the earliest opportunity by calling the Asylum Screening Unit. 

The Home Office will arrange for you to visit a Screening centre (normally at Lunar House, Croydon) for a Screening Interview.  You will have your biometric information enrolled and interviewed.  The questions will centre around your personal details, background and a brief explanation about the basis of your claim.  You will then be issued with an Asylum Registration Card (also known as an ARC  or ARC Card).  At this stage, you will be given information about the type of support available to you.

At a later stage, you will be invited  to attend a a more detailed Substantive Asylum interview to discuss your Asylum claim at length.  At this stage, the Interviewing Officer will ask in detail about your circumstances in your home country.  You will be expected to present any evidence relating to your claim as this point.

The Home Office will then consider your claim and make a decision.  They hope to make a decision on your case within 6 months of your initial screening interview, however in some circumstances this could take longer.

Am I allowed to work while my case is pending?

Whilst your claim is under consideration, you are not allowed to work unless your previous visa conditions allowed you to work.  However, if your claim has been pending for over one year, the Home Office will then grant you permission to work subject to certain conditions.

What happens if my Asylum claim is successful?

If your Asylum claim is successful, you will be granted 5 years residency in the UK during which time you will be allowed to work, study and live in the UK.  You will not however be able to return to your home country.  After the completion of your 5 years residency in the UK, you may then eligible for Indefinite Leave to Remain which then could lead to British Citizenship.

What happens if my Asylum claim is unsuccessful?

If you are unsuccessful, you may (depending on the decision) appeal the decision to the First Tier Tribunal.  We will cover appeals to the First Tier Tribunal in a later article.

How we can help?

At Cranbrook Solicitors, we have helped hundreds of clients with their Asylum claim and have the necessary expertise to advise on all types of cases.  Contact us today to discuss your options.