Asylum Applications in the UK – FAQs

1. What is asylum?  

Asylum is a form of protection granted by the UK government to individuals who have fled their home country due to a well-founded fear of persecution and are unable to return. This protection is based on international law, specifically the 1951 Refugee Convention.  

Qualifying for Asylum To qualify for asylum in the UK, an individual must:

• Be physically present in the UK  
• Be unable to live safely in any part of their home country  
• Have left their home country and be unable to return due to fear of persecution  
• Prove that they face persecution based on:  
  • Race  
  • Religion  
  • Nationality  
  • Political opinion  
  • Membership of a particular social group 

Procedure 

a. Screening Interview

• the first formal step is a screening interview where the Home Office will:
  • Take your photograph and fingerprints
  • Check your identification documents
  • Ask basic questions about:
    • How you came to the UK
    • Your background
    • Your health conditions
    • If you need accommodation support

b. Substantive Interview

• This is the main asylum interview where you: 
  • Explain in detail why you’re seeking asylum 
  • Present evidence supporting your claim 
  • Can bring a legal representative 
  • Have access to an interpreter if needed 
  • Should provide all relevant documents and information 

Expected outcomes 

• Once asylum is granted, successful applicants receive a comprehensive package of rights and opportunities in the United Kingdom.
  • They are initially given permission to stay in the country for a five-year period, during which they have the freedom to work in any profession they choose.
  • These individuals gain full access to the UK’s benefits system and public services, and they also have the valuable opportunity to apply for their close family members to join them through the family reunion process.
  • After completing their initial five-year period of leave to remain, they become eligible to apply for permanent residence in the UK, also known as indefinite leave to remain, which would allow them to settle in the country permanently. 

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2. Can I go to work when I apply asylum? 

• No, based on existing laws, an asylum seeker is not allowed to participate in paid activities unless their asylum application has been pending for more than 12 months without a decision, the asylum seeker may then apply for Permission to Work which allows the asylum seeker to work in roles and jobs within the  shortage occupation job list 

3. How many friends I need to provide to support application? 

• The number of friends providing support is immaterial to the asylum claims. What is important is that we are able to seek supporting statements or witness statements from friends or individuals who have first hand knowledge of the events surrounding the persecution faced by the asylum seeker. Having the statement certified and procured in accordance to the legal standards is important. So a matter of quality over quantity in this case. 

4. How many interviews during this period?  

• In general, there will be 2 interviews.
  • One at the very start known as the Screening Interview where the Home Office registers the asylum seeker and a 2^nd interview known as the Substantive Interview.
  • There are times where the Home Office have waived the 2^nd interview for nationalities of specific countries in urgent times of war and there are also times where some asylum seekers have been called back for a 3^rd or 4^th interview to be given the opportunity to provide clarity to their earlier statements, however interviews exceeding 2 times are rare and far in between. 
    

5. If the visa is refused, will I be detained by the immigration authorities? 

• If your application for refugees status has been refused, you are liable to be detained. However, the Home Office is unlikely to seek to detain you immediately as they will allow adequate time for you to appeal the decision to refuse you refugee status or where you may have new evidence you may wish to present to the Home Office 

6. If I apply for refugee status and later have a child/partner, what kind of visa do I need to apply for them? 

• If you have been granted refugee status, your future child may be granted leave in line as yourself.
  
• If your partner was in a relationship with you prior to you claiming asylum and they were made known to the Home Office at the initial stage, they too will be granted leave as your dependant.
  
• However, if the relationship developed after you have been granted refugee status, your partner will have to apply for leave to remain as your partner and will be granted 30 months leave.

7. What are the asylum card and work permit card? What are their purposes, under what circumstances are they issued, and how long are they valid? 

• The Home Office issues all asylum seekers a Asylum Registration Card (ARC) to allow asylum seekers access to health care and to be able to move around using the ARC as an identify document.
  
• It doen not confer the bearer with the right to work or the right to remain. They are regularly valid for a period of 2 years post the initial interview. The validity of the ARC lapses when the asylum application has been decided.
  
• If a decision to the asylum application has not been made within 12 months after application, the asylum seeker may seek to apply for Permission to Work, during which time the asylum seeker will be issued a replacement ARC which provides the right to work within the shortage occupation job list. 

8. After successfully getting refugee status, can I return to my home country? If I convert refugee status to British citizenship, can I go back? 

• When the Home Office recognises an asylum seeker as being at risk of persecution from their home country, they will be granted refugee status. To ensure that the refugee is not at risk, refugees are not allowed to return to their home country.
  
• However, when the refugee naturalises as a British citizen, they are able to travel to their former home country using the British passport as they are then eligible for consular support and help as a British subject. 

9. Do I need to report regularly to the Home Office after submitting asylum claim? What are the consequences if I fail to report? 

• If you do not have prior reporting conditions, you are unlikely to be asked to attend regular reporting sessions.
  
• If you have prior reporting conditions or if reporting conditions were part of your bail conditions, you MUST ensure compliance with these reporting conditions. The Home Office may otherwise place you in detention while your application for asylum is being decided.   

10. What are the differences between an asylum appeal and fresh claim? 

• An asylum appeal is when the Home Office have refused your asylum application but believe that there are grounds to your fears, however based on the limited evidence or information to the Home Office, a grant of leave cannot be decided, an appeals right would be issued and this case will be decided by the court if there are sufficient merits to grant the applicant refugee status under the Refugee Convention.
  
• Further submissions otherwise known as fresh claims is when an asylum application is weak and have either been certified as clearly unfounded by the Home Office or an asylum appeal has been dismissed by the First tier Tribunal and the applicant has new evidence to support their claims. The applicant can then make a further submission to the Home Office in Liverpool. Further submission must meet the threshold of evidence not previously presented to the Home Office or considered by the Home Office. Once new evidence has been submitted to the Home Office, the Home Office will determine if the further submissions can constitute as fresh claims before a decision maker. 

11. I didn’t declare that I have dependents in my asylum application and now I have been granted, would it be possible to bring my dependents to UK? 

• You may bring them to the United Kingdom but not under the Family Reunion scheme. Your family members will have to apply under Appendix FM of the Immigration Rules to join you as family members and will be liable for application fees and Immigration Health Surcharge. 

12. I applied for asylum when I first entered the UK, but I didn’t follow up with the application. It has been a couple of years since then. what can I do now? 

• Your asylum application would have been deemed as withdrawn. You may seek discretion from the Home Office to reinstate your asylum application or to make further submissions to the Home Office under the asylum route. 

13. What rights do asylum seekers have while waiting for a decision? 

• Asylum seekers while pending a decision from the Home Office have the right to access health care via the NHS, the right to remain in the UK pending a decision and also financial support from the Home Office through NASS support.  

14. Can I still apply for asylum if I don’t have evidence to support why I can’t return to my home country? For example, what if I don’t have proof that loan sharks have threatened my life?  

• The evidence threshold for an asylum application is a low one. However it is necessary to provide corroborating evidence to the Home Office or to demonstrate that you have tried your best to provide evidence in support of your application.  

15. What type of accommodation and support is provided to asylum seekers in the UK?  

• The Home Office provides asylum seekers who are enrolled into the NASS programme a weekly allowance of £42.18 as of January 2024 and accommodations 

16. What happens if I give different answers in my second asylum interview compared to my first one, and how might this affect my application? 

• Asylum application often hinges on credibility of the statements and information provided. If there are sensible and rational reasons as to why the answers were incocnsistent, these can be presented to the Home Office. However, if the discrepancies and inconsistencies are not explained to the Home Office, this will lead to refusal of your asylum application due to the witness not being a credible witness. It may also impact future applications where the applicant is no longer considered credible in any of the statements and information provided to the Home office by the applicant. 

17. How does the Home Office decide if the information I provide in my second asylum interview is believable, especially if I can’t prove it with documents? 

• For asylum applications, the onus to demonstrate the events surrounding your cicrcumstances are genuine and reliable. The Home Office will not decide if it is believable, the Home Office only decides if you have adequate credible information to convinve them you are believable. The Home Office also relies on existing country information to evaluate the consistency of your evidence.

18. I have permission to work, what would happen if i was caught on working the jobs that is not on occupational list? How does it impact on my asylum claim?  

• It doen not impact your asylum claims, however your employer might be served with a Penalty Notice of £40,000 

19. If im here overstaying 17 years to claim asylum, how would HO look at my asylum claim? Because other law firm said, HO will not look at this seriously since i have been away for 17 years. They do not believe the fear still exist. Then does it mean, it is almost impossible to get granted if someone overstay too long to claim asylum.  

• This is not true. The laws within the United Kingdom includes the jurisprudence of ‘sur plaice’ meaning future fears. This is when there was no such fears when i lft my home country but these fears have just come to be due to the changing nature of the geopolitical situation in your home country. Easch case will be assess equally based on merits 

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