Asylum-Seekers and Refugees

Claiming asylum

You must apply for asylum if you want to stay in the UK as a refugee.

To be eligible you must have left your country and be unable to go back because you fear persecution.

You should apply when you arrive in the UK or as soon as you think it would be unsafe for you to return to your own country. Your application is more likely to be denied if you wait.

When you apply you’ll have a meeting with an immigration officer (known as a ‘screening’).

After your screening the Home Office will decide if your claim can be considered in the UK  If it can, you’ll have an asylum interview with a caseworker.

You may be able to apply for indefinite leave to remain (ILR) if you have:-

• refugee status or humanitarian protection (sometimes called ‘settlement protection’)
• Discretionary Leave

Indefinite leave to remain is how you settle in the UK.  It’s also called ‘settlement’.  It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible.  You can use it to apply for British citizenship.

Your family members may also be able to apply.

If they’re already in the UK as your dependant, you may be able to include your partner or child in your application. This includes children born in the UK.

Your family members may be able to apply to be reunited with you in the UK if your family was formed before you left your country.

If you formed your family after you left, they must first apply for a visa to join you in the UK.  This also applies if they’re not eligible to apply as your partner or child.

Your adult dependent relative can apply if all the following are true:-

• they’re over 18
• they have a family visa as an adult dependent relative
• you have refugee status or humanitarian protection

You can do the following:-

• work
• run a business
• study
• use public services, such as healthcare and schools
• apply for public funds (benefits) and pensions
• apply for British citizenship, usually after a minimum of 12 months

You can travel outside the UK using a Home Office travel document.

You can lose your indefinite leave to remain if you:-

• travel back to the country you sought asylum from
• stay outside the UK for more than 2 years – you may need to apply before you can return to the UK