The Asylum Process

STARHow does someone become a refugee? This page explains the basics of theĀ process an asylum seeker goes throughĀ when they seek protection in the UK.

What is asylum?

If someone is at risk of persecution in their own country and needs protection, they can apply for ā€˜asylumā€™ in another country. This is given under theĀ 1951 UN Convention on Refugees.

An ā€˜asylum seekerā€™ is someone who has applied for asylum and is waiting for the government to make a decision. If the government considers they will be at risk of persecution according to the 1951 UN Convention they will be granted ā€˜refugeeā€™ status and permission to remain in the UK.

Application process

All asylum claims are processed by theĀ UK Border Agency, which is part of the Home Office. Asylum seekers have permission to stay in the UK while their claim is being decided.

Each case is assigned aĀ UKBAĀ staff member who is known as the ā€˜case ownerā€™ and who oversees the process.


Asylum seekers go through a two-step interview process and must report regularly to theĀ UKBAwhile their claim is under consideration. TheĀ UKBAĀ first conducts a screening interview to collect the applicantā€™s personal details and check whether he or she has claimed asylum in the EU before. Fingerprints, a photograph and other physical identification information are collected and the applicant is given an application registration card.

At this stage some applicants are detained whilst theirĀ application is ā€˜fast-trackedā€™, with the aim of completing the application within nine days. SeeĀ ā€˜Detention and removalā€™Ā for more information.

The remainder of applicants attend a more in-depth screening interview within a few weeks where they are asked to describe why they fear persecution in their home country. Applicants do not always have legal representation, though interviews are sometimes delayed to allow them toobtain legal advice.


Depending on their financial situation, asylum seekers may be eligible forĀ support from the GovernmentĀ while their case is being considered, including:

  • CashĀ ā€” A single adult currently receives Ā£36.62 per week for living expenses.
  • HousingĀ ā€” Applicants cannot choose where to live, however, and will be sent wherever theĀ UKBAĀ deems housing to be available outside of London and the South East.
  • EducationĀ ā€” Children of asylum seekers have the same right to education as all other children in the UK and must be in full-time education between the ages of five and 16. For further and higher education, however,Ā entitlements to financial support are restricted
  • Healthā€” Asylum seekers and their dependents receive free primary and secondary healthcare from theĀ NHS. However, it can be difficult to register with a GP due to confusion amongst healthcare staff over who is eligible. Refused asylum seekers who are not receiving any support fromĀ UKBAĀ (i.e. who are expected to leave the country) are not eligible for free secondary healthcare and will be charged.Healthcare_Entitlements_as_of_1st_August_2011


Applicants are not allowed to work except in some cases where theĀ UKBAĀ takes more than a year to make an initial decision on a case.

How theĀ UKBAĀ decides

TheĀ UKBAĀ case owner considers the evidence submitted by the applicant, information on the political and human rights situation in the personā€™s country of origin, previous legal decisions on asylum and the applicantā€™s personal credibility.

If the claim is successful

If a refugee claim is successful, the claimant is granted refugee status for five years. After five years the person will be able to apply for ā€˜Indefinite Leave to Remainā€™ in the UK to stay permanently.

Once someone is granted protection, they have the right to work, receive benefits and be re-united with their spouse and children (under 18). However, a child who is recognised as a refugee does not have the right to be joined by his or her parents or siblings.

If the claim is refused

If theĀ UKBAĀ decides that an asylum seeker does not meet the criteria for refugee status, the person may still be allowed to remain in the UK under a different status.

  • ā€˜Discretionary Leaveā€™ (DL)Ā can be granted for up to three years and can be extended if the person cannot return home. Discretionary Leave is typically granted to children.
  • ā€˜Humanitarian Protectionā€™ (HP)Ā can be granted for five years if removing them would breach the rights outlined in the European Convention on Human Rights, for instance if they would be tortured upon returning to their home country.

Those granted Discretionary Leave or Humanitarian Protection have the right to work, be reunited with their immediate families and receive benefits.TheĀ UKBAĀ providesĀ this guidanceon exactly who meets the criteria for HP and DL.

Appealing a decision

Applicants whose cases are refused may have the right to appeal to the Asylum and Immigration Tribunal, which is independent of theĀ UKBA. Applicants are allowed to remain in the UK during the appeals process.

Appeals should be heard within two months of the initial decision. Asylum seekers are only entitled to legal aid to pursue their appeal if it is judged to have a 50% or higher chance of success.

It is also possible to make a second asylum claim if new evidence comes to light, or if the UKā€™s asylum law has changed since the original case.

Voluntary return

If a second claim is unsuccessful, and Humanitarian Protection is not granted, the person will be expected to voluntarily leave the UK. If they do not, they may be forcibly removed.

Asylum seekers who agree to return to their home country may be eligible for assistance fromRefugee Action. Assistance can include help setting up a business, obtaining education or training, or getting a job.

Detention and removal

TheĀ UKBAĀ may detain an asylum seeker at any time. If an asylum seekerā€™s application and appeals have been denied and they have not voluntarily left the UK, the Home Office will inform them in writing that they intend to remove them. Thereafter the Home Office may detain refused asylum seekers and their families without warning until their removal can be arranged. There are severalĀ detention centres around the country.

This short film by Scottish Detainee VisitorsĀ looks at what life can be like for those living in indefinite detention.

Further information

The infomation on this page was gathered from Asylum Aid and theĀ UKBA. If youā€™re interested in learning more, the links below offer detailed information on the asylum process.