This route is for individuals or families who are at the risk of persecution in their home country and are unable to return back from the UK. Refugee protection can be claimed by applying for asylum either at the port of entry or after entering the UK. The right to protection under this route is based on the 1951 Refugee Convention and upholds UK’s International obligations in refugee protection.

Asylum Eligibility Requirements

In order to qualify for Asylum or Refugee protection, the applicant must satisfy the below requirements:

  • Must not be in the country of origin or country of normal residence if stateless;
  • Face a well-founded fear of persecution on the basis of race, religion, nationality, political opinion, or being a member of a particular social group;
  • Unable or unwilling to get protection from state authorities in home country;
  • Not possible to relocate internally to a safer place at the home country;
  • No previous connections with any other safe country, that could have offered the protection prior to the UK
Asylum Process, Conditions of Leave & Settlement

The process starts with applicants claiming asylum either at the port of entry by informing the Border Force Officer or after entering the UK by calling the Home Office to book an appointment at the Asylum Screening Unit. This is then followed by a Screening Interview and biometric data capture. There may also be an interview under caution if the screening officer has reason to believe that claimant was an illegal entrant. The next process will be a substantive interview under which all the details about the claim will be discussed in more depth. The Home Office guidance states that the asylum claim will be then determined within 6 months of the date the claim was originally raised, but not really the case in practice all the time. The claimant will generally be granted five years of refugee status if the claim is accepted. The applicants once granted asylum are allowed to live, work and study in the UK, and access public funds. Upon completing 5 years under this leave, the refugee migrant is able to apply for settlement in the UK, if they meet all other requirements. If the asylum claim is refused, the Home Office may also consider the claim for humanitarian protection.

Fresh Claims

The fresh claim technique allows refugees to file a claim after being denied asylum if they have materially different material that has not been assessed previously and that, when combined with the previously considered material, has a reasonable possibility of success. The Home Office will first determine whether the additional information represents a “fresh claim” before making a decision on the asylum case. Our legal team can assist you in preparing a fresh claim filing on behalf of the claimant.