Asylum and Refugee Protection in the UK- Eligibility and Application Process

A person can make an asylum application on the grounds that returning to their country would lead to their persecution on account of nationality, race, religion, political beliefs, or membership of a particular social group. One must apply for asylum if they want to stay in the UK as a refugee.

Who is an asylum claimant?

An asylum seeker is someone who has left their home country or a country of habitual residence and is seeking protection from serious human rights violations and persecution in that country, and therefore, wants to stay in the UK as a refugee.

Who is a refugee?

If a person’s asylum claim is successful, they can be granted refugee status. Refugee status is a permission to stay in the UK. This means a person is recognised as a refugee, as defined in Article 1 of the Refugee Convention. Please note that the UK is a founding signatory of the 1951 Refugee Convention. 

Refugee Convention 1951 - Article 1 defines a refugee as a person who is outside their country of nationality (or former habitual residence if they are stateless), and has a well-founded fear of being persecuted for reasons of Nationality, race, religion, membership of a particular social group, or political belief and is unable or unwilling, owing to such fear, to avail themselves of the protection from persecution of that country or to return to that country. 

Those who do not qualify for refugee status but cannot return to their own country may get humanitarian protection. 

What is an asylum application?

An asylum application is a claim by an individual to be recognised as a refugee under the 1951 Refugee Convention on the basis that it would be contrary to the UK’s obligations under the 1951 Refugee Convention for them to be removed from the UK or required to leave the UK, and which is recorded as valid or a claim deemed to be an asylum application.

An asylum application will only be recorded as valid if:

i) The applicant applies in person at a designated place such as a port or removal centre as defined in the Nationality and Borders Act 2022 - Section 14, unless subsequently or otherwise accepted by the UK Secretary of State; and

ii) It is made by a non-British person, and

iii) it is particularised (setting out the detailed facts and reasons supporting an asylum claim) - if the claimant is aged 18 or over; and

iv) it does not require consideration under the UK's Immigration Rules- Paragraph 353, unless and until it has been accepted by the Secretary of State (UK) as a fresh claim under the same paragraph

If an asylum claim does not meet the requirements listed above, it will not be recorded as a valid asylum application.

Eligibility

To be eligible to seek asylum, one must have left their country and be unable to go back because they fear persecution due to reasons of nationality, race, religion, political beliefs, or membership of a particular social group.

The applicant must not have got protection from authorities in their own country.

When an asylum claim might not be considered

If a person is from an EU country, travelled to the UK through a ‘safe third country’, or has a connection to a "safe third country" where they could claim asylum, their asylum application might not be considered.

Applying for asylum

The Home Office processes all asylum applications. Asylum seekers normally have the right to remain in the UK while their claim is being decided. The applicant is expected to claim asylum at the earliest possible opportunity. For most people, this should be immediately upon arrival in the UK. If they fail to do so, it may be taken into account and affect the credibility of their asylum application.

1. Registration and screening

A person needs to register their asylum claim at a ‘screening’. This is a brief initial interview conducted by an immigration officer after a person requests asylum.

The asylum applicant can have their screening at the UK border if they apply for it immediately after entering the UK. They can also be screened once they enter the UK if they are eligible. They should call the asylum registration appointment line to book a screening appointment.

They can tell the asylum registration appointment line if they need to bring any dependants to the screening appointment, or if they need to be accompanied if they are a child applying on their own, or if they need an interpreter at the screening appointment.

The applicant’s dependants (partner and any children under 18) must attend the appointment with them.

1. At the Screening appointment?

At the screening appointment, the applicant must have their photograph and fingerprints taken. Children aged under 5 will not have their fingerprints taken. They will be asked to confirm their personal details, such as their name, date of birth, and address.  

They will also be asked why they are claiming asylum, as they must particularise a protection claim for an asylum application to be valid.

An asylum claim is not registered until the applicant attends their screening appointment and their asylum application has been accepted.

2. After the Screening

After the screening, the Home Office will review the case and decide whether it can be considered in the UK. Once the applicant has registered their asylum claim, had their biometrics taken, and provided their address details, they will be sent an ARC (Asylum Registration Card) to their address, unless they have been detained. The ARC is evidence that an asylum seeker has submitted an asylum claim in the UK.

If the Home Office cannot send an ARC immediately, they’ll send the applicant an appointment letter telling them what to do next.

The Home Office may send the applicant an asylum claim questionnaire, if applicable. The applicant should fill out the questionnaire and return it by the deadline. If they cannot fill it in, they should call the Home Office asylum team to inform them so that they can make alternative arrangements.

The Home Office may withdraw an asylum application if the applicant fails to complete an asylum questionnaire as specifically requested by the Home Office. 

If the case can be considered in the UK, it will be assigned a Home Office staff member known as the ‘case owner’, who oversees the process.

The Home Office may withdraw an asylum application if the applicant fails to complete an asylum questionnaire as specifically requested by the Home Office. 

If the case can be considered in the UK, it will be assigned a Home Office staff member known as the ‘case owner’, who oversees the process.

3. Documents required for asylum screening 

The applicant will need documents for themselves and any dependants (partner and children aged under 18) for their asylum screening.

Documents one should bring (if they have them) include:

• passports, including those of their partner and any dependants in the UK that they wish to be part of their asylum claim.

• identification documents to establish their identity and nationality, for example, identity cards, driving licence, birth and marriage certificates, or school records 

• any other documents that will support their application 

• Evidence of accommodation:

• If they are living in their own accommodation in the UK, they should provide documents showing their full name and UK address. For example, a bank statement, tenancy agreement, council tax notice, or recent utility bill (for example, electricity, gas). 

• If they are living with someone else or in someone else’s house, they should bring a recent letter (no older than 3 months) from the householder which shows their permission to the applicant to stay in their house, and documentary evidence such as a council tax notice, household bill, or tenancy agreement showing the householder’s full name and address.

Note that it is the applicant’s duty to provide the Home Office with all available documentation to substantiate their asylum/refugee claim as soon as possible.

4. What if the applicant is detained?

If the applicant is detained, they will either be released if they have the right to stay in the UK or detained (usually at an immigration removal centre) until they are removed from the UK if they do not get permission to stay. They can also be detained and removed if it is decided that another country is responsible for offering them asylum.

An asylum claimant will not usually be detained if they:

• are a child

• are elderly

• are a family with children

• are pregnant

• are accepted as being a victim of trafficking

• are able to provide independent proof of torture

• have a physical or mental condition that cannot be managed or would pose a risk to others in an immigration removal centre

2. Asylum interview

Following a screening interview, the applicant will usually have to attend an asylum interview, which usually takes place soon after the screening.  An asylum interview gives the applicant an opportunity to tell the Home Office’s case owner about their asylum/refugee claim. The applicant must tell the caseworker everything they want them to consider, or it can count against them.

The Home Office may grant the applicant protection status (refugee status or humanitarian protection) without having to attend an interview if there are enough evidence available that was provided during the screening interview.

When does the interview take place?

If the Home Office needs to interview the applicant to make a decision on their asylum claim, they will send the applicant and their immigration advisor information about the place and date of the asylum interview in a letter. The asylum interview is conducted in private. The applicant may ask for either a male or female interviewing officer.

If there is a partner or children under 18 included in the claimant’s application as ‘dependants’, they may also need to attend an interview. 

If the applicant cannot attend their asylum interview due to a reason, such as severe travel disruption, medical illness, or bereavement, they should tell the Home Office as soon as possible before the interview. 

If there are any issues relating to finding suitable childcare, the applicant should tell the Home Office. 

If the applicant wishes to provide further evidence after their asylum interview, they should do so within the timescale agreed with the caseworker, and they should inform the Home Office and their legal representative if they need more time.

An asylum application will usually be withdrawn if the applicant does not go to their asylum interview. They will have to apply again if they still want to stay in the UK.

Children applying on their own

Children without an adult relative who is also claiming asylum can apply on their own.

Grant of refugee status

An asylum seeker’s application is decided as soon as possible. However, it may take longer if it’s complicated, for example:

• The Home Office needs to verify the applicant's supporting documents

• The applicant needs to attend more interviews

• The Home Office needs to check the applicant's personal circumstances, for example, because they have a criminal conviction or they are currently being prosecuted

The applicant will be given refugee status in the UK following their asylum claim if the Secretary of State (UK) is satisfied that:

(i) The applicant is in the UK or has arrived at a port of entry in the UK; and

(ii) They are a refugee, as defined in the 1951 Refugee Convention; and

(iii) There are no reasonable grounds why they should be regarded as a danger to the UK’s security; and

(iv) Following a conviction by a final judgment of a particularly serious crime, they do not constitute a danger to the UK’s community; and

(v) Refusing their asylum/refugee application would result in them being required to go to a country where they would be persecuted on account of their nationality, race, religion, political belief, or membership of a particular social group.

If the applicant gets refugee status, they will have permission to stay as a refugee in the UK. 

The applicant may get humanitarian protection instead if they do not qualify for refugee status but cannot return to their own country.

Permission to stay on a protection route (refugee status or humanitarian protection) following an asylum claim will be valid for at least 5 years and renewable upon application where the person still has and continues to be eligible for refugee status.

If there is a partner or children under 18 included in the asylum application as ‘dependants’, they’ll usually get permission to stay in the UK for 5 years.

However, the policy paper “Restoring Order and Control: A statement on the government’s asylum and returns policy” published by the government on 17 November 2025 says refugees in the future will receive 2.5 years of leave to remain, and this leave can only be renewed if they are still considered in need of protection. A refugee whose protection is no longer needed will become liable for removal from the UK.

Permission to stay for other reasons

The applicant may get limited permission to stay on a temporary basis for other reasons if they do not qualify for permission to stay on a protection route as a refugee or for humanitarian reasons.

If the Secretary of State (UK) decides to grant refugee status to someone who has previously been given leave to enter (even if that leave has expired) or to someone who has entered the UK without leave, the Secretary of State (UK) will vary their existing leave or grant limited leave to remain. 

A person with an existing grant of ILR (Indefinite Leave to Remain) will not have their leave to remain varied.

Internal relocation

The Secretary of State (UK) will not grant refugee status if the applicant does not have a well-founded fear of being persecuted in a part of their own country or the country of their former habitual residence, and they can reasonably be expected to go back to and remain in that part of the country.

Refusal of an asylum claim 

The applicant will be asked to leave the UK if they fail to qualify for refugee status or their asylum claim is withdrawn.

The applicant may have the legal right to appeal the decision.

They will have to leave if they fail to appeal in the time allowed, or if their appeal is unsuccessful. They can leave the UK voluntarily within 21 days or be forced to leave by the Home Office. If their removal is enforced, they will get a letter before this happens, then they may be detained without warning at a detention centre and then removed from the UK, leading to a ban on travelling to the UK for up to 10 years.

Revocation of refugee status

A person’s grant of refugee status will be revoked if any of the following apply.

a. When the Secretary of State is satisfied that:

(i) The applicant has voluntarily re-availed themselves of the protection of the country they are a citizen of; or

(ii) They have voluntarily re-acquired the nationality they had lost; or

(iii) They have acquired a new nationality where they get the protection; or

(iv) They have re-established themselves on their own in the country which they left; or

(v) They can no longer continue to refuse to avail themselves of the protection of the country of nationality; or

(vi) Being a stateless person, they are able to return to the country of their former habitual residence

In considering (v) and (vi), the Secretary of State (UK) shall have regard to whether the change of circumstances is of a non-temporary or such a significant nature that the fear of the refugee of being persecuted can no longer be regarded as well-founded.

or

b. The Secretary of State (UK) is satisfied that the person should have been, or is, excluded from being a refugee; or

c. The Secretary of State (UK) is satisfied that the misrepresentation or omission of facts by the person was decisive for granting them the refugee status, and they do not otherwise qualify for refugee status; or

d. The Secretary of State (UK) is satisfied that:

(i) There are enough reasonable grounds for regarding the person as a danger to the UK’s security; or

(ii) Having been convicted of a particularly serious crime, the person constitutes a danger to the UK’s community

Settlement for people with refugee status

A person who has been on a refugee status for five years or more may be eligible for settlement on this route.

A person who was granted refugee status as a result of asylum applications made before 28 June 2022 or granted refugee status and refugee permission to stay on asylum applications made on or after 28 June 2022, is eligible to apply on the settlement protection route.

Those granted refugee status and temporary refugee permission to stay following asylum applications made on or after 28 June 2022 are not eligible to apply on the settlement protection route.

However, the Policy paper “Restoring Order and Control: A statement on the government’s asylum and returns policy” published by the government on 17 November 2025 says there will be no path to settlement in the UK for a refugee on core protection, until they have spent 20 years in the country.  Many may face waits of up to 30 years if they arrived in the UK illegally. 

However, they may be eligible for settlement earlier on the basis of the proposed “earned settlement” model.  

How can Visa and Migration help?

We can help you with an asylum or refugee application by giving you legal, practical, and procedural support in the following ways:

• Explaining to you the asylum process in detail

• Preparing your asylum claim

• Helping you gather evidence 

• Presenting your case

• Preparing you for the asylum interview

• Presenting you legally, i.e., attending interviews (where allowed), making written legal submissions, and communicating with the Home Office on your behalf

• Appealing a refusal, i.e., explaining to you the refusal letter, preparing appeal grounds, representing you at the tribunal, and advising you on further submissions

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write at info@visaandmigration.com