Asylum in the UK: A Guide to the Process and Eligibility

Asylum in the United Kingdom can be a confusing and time-consuming experience. The UK does provide protection to those persecuted, but knowing the legal process and criteria is imperative to a successful claim. This guide offers an explanation of the asylum process, how to be eligible, and notable issues for asylum seekers.

What is Asylum?

Asylum is an international protection afforded to those who can establish that they are unable or unwilling to go back to their country of origin because of a well-founded fear of persecution. The UK follows the 1951 Refugee Convention, and according to this, a refugee is someone who is persecuted on account of:
•Race
•Religion
•Nationality
•Political opinion
•Membership of a specific social group (for example, LGBTQ+ persons, human trafficking victims)

Eligibility Criteria for UK Asylum:

In order to be eligible for asylum in the UK, a person must:
1. Be physically within the UK (asylum is not applicable while outside the country).
2. Present a credible fear of persecution in the home country.
3. Present evidence that their government will not or cannot protect them.
4. Indicate that there is no safe region within their country that they can relocate to.
Asylum claims are evaluated on a case-by-case basis, and supporting evidence is a key factor in making decisions.

The Asylum Application Process:

1. Registering the Claim:
A person must register their asylum claim as soon as possible upon entering the UK. This is usually done at the Asylum Intake Unit in Croydon or, in a few instances, at a port of entry.
2. Screening Interview:
At the screening interview, personal information and history of travel are noted by an immigration officer. The applicants are fingerprinted and photographed, and preliminary questions on their claim are posed.
3. Substantive Interview:
The substantive interview (or the asylum interview) is the most important stage in the process. The applicant will be questioned regarding their reasons for applying for asylum in detail. It is crucial to give truthful and consistent evidence, with documentation where available.
4. Asylum Application Decision:
The Home Office reviews each case on the basis of evidence and merits of the applicant’s grounds. The following are possible:
• Grant of refugee status: Grants five years’ leave to remain, and after this, he/she is eligible to apply for settlement.
• Humanitarian protection: For individuals who are not refugees but require protection.
• Limited leave to remain: Permission for a short period on exceptional grounds.
• Refusal of asylum: The applicant might appeal or face removal.

Read Also: Understanding the Difference between Asylum and Humanitarian Protection in the UK

Appealing a Refused Asylum Claim:

Where an asylum claim is refused, the applicant will be entitled to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Appealing a refused asylum claim has the following stages:
1. Filing an appeal within the specified time frame.
2. Submitting more evidence or law points.
3. Appearing before a tribunal hearing where a case is considered by an immigration judge.
Legal representation is strongly advised at appeal to enhance the likelihood of success.

Rights and Asylum Seeker Support:

Asylum seekers have rights and support while waiting for a decision, including:
• Accommodation: Housing is provided by the Home Office if the applicant is considered destitute.
• Financial support: A weekly allowance can be given to asylum seekers to meet basic expenses.
• Healthcare: Access to NHS care is provided.
• Education: Children of asylum seekers are entitled to go to school.
• Legal aid: Free legal aid is provided to those who are eligible.
However, asylum seekers are not permitted to work while their application is pending.

Challenges in the Asylum System:

The asylum system of the UK is often criticized for delay and inefficiency in processing applications. Some of the key challenges are:
• Backlogs and lengthy delays in making decisions.
• Risk of detention and deportation for those with complex cases.
• Hostile environment policies that make it hard to access support.
• Burden of proof on asylum seekers to prove persecution.

Recent Changes in Asylum Policy:

UK asylum policies change with political and legislative updates. The Nationality and Borders Act 2022 implemented stricter policies, including:
• Distinction between refugees according to their mode of arrival.
• More reliance on offshore processing and deportation policies.
•More severe sanctions against those arriving in unofficial routes.
Applicants are advised to be aware of changes in the policies and contact a lawyer should there be the need.

Finding Legal Help:

Because of the asylum process’ complexities, receiving legal help is extremely recommended. There are attorneys of immigration, along with various bodies like Refugee Council, Asylum Aid, and Freedom from Torture. Even legal assistance could be obtainable for applicable candidates.

Conclusion:

The asylum process in the UK is complex, involving diligent preparation, strong evidence, and knowledge of the law. Though the system tries to safeguard vulnerable individuals, claimants usually struggle a great deal.

Getting expert advice, remaining updated on law reforms, and being aware of one’s rights can significantly enhance the possibility of a successful claim for asylum.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.