Claim Asylum & Protection

Asylum in the UK, under immigration law, is a form of international protection given to people who have fled their home country because they fear persecution. It is based on the UK's obligations under both domestic and international law, including the 1951 Refugee Convention and European Convention on Human Rights (ECHR). 

• Is outside their country of nationality (or habitual residence if stateless), and
   
• Has a well-founded fear of persecution for reasons of:
   
  • Race
     
  • Religion
     
  • Nationality
     
  • Membership of a particular social group
     
  • Political opinion, and
     
• Cannot or is unwilling to return to that country because of that fear.

• Refugee Status (usually 5 years leave to remain + path to settlement)
   
• Humanitarian Protection (for non-Refugee Convention risks, e.g. indiscriminate violence)
   
• Discretionary Leave (used rarely – for exceptional or compassionate reasons)
   
• Refusal (possible right to appeal)
   

• It’s not a visa, and it’s not based on economic hardship or general insecurity.
   
• It does not apply to people already safe in a third country (like those passing through “safe” countries under the UK’s current inadmissibility rules).

You register your asylum claim at a ‘screening’. This is a meeting with an immigration officer where you tell them about your case.

You’ll have your screening at the UK border if you claim asylum as soon as you arrive. You can also be screened once you’re in the UK if you become eligible for asylum. 

At your screening you’ll:

• be photographed
• have your fingerprints taken
• have an interview to check who you are and where you’re from

You’ll be asked why you want asylum. You can bring written evidence to support your claim if you want, as well as any other documents you need such as birth certificate, all ID documents, supporting letters, photos, articles etc. 

You’ll need to say if you or your dependants are taking any medication and give any relevant medical information. A dependant is your partner and any children under 18.

You can ask for a male or female interviewer, but your choice might not always be available.

You must tell a Border Force officer that you want to claim asylum on entering the UK or  if you’re already in the UK, you must call the asylum registration appointment line to book your screening appointment.

They’ll ask simple questions about you and your family. You’ll also be asked if you need help with housing.

You will not be asked why you’re claiming asylum during this call.

Tell the asylum registration appointment line if:

• you need to bring any dependants to your screening
• you’re a child and need to be accompanied
• you need an interpreter at your screening

Asylum registration appointment line
Telephone: 0300 123 4193
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm
Find out about call charges 

If you’re eligible for asylum, you will be offered a registration screening interview at your nearest asylum registration location.

Your asylum interview will usually take place soon after your screening.

You may be granted protection status without having to attend an interview. This will happen if there is enough evidence from your screening and your questionnaire, if you did one. 

Your application will usually be withdrawn if you do not go to your asylum interview. You’ll have to apply again if you still want to stay in the UK. 

You’ll get a letter telling you when and where to attend your interview.

If your partner or children under 18 were included in your application as ‘dependants’ they may also need to attend an interview. The letter will tell you if they do.

You’ll usually be interviewed alone, without your family members. An interpreter will be provided, if you need one.

The information you provide will be confidential and will not be shared with the authorities in your own country.

 Use this interview to explain:

• how you were persecuted in your country
• why you’re afraid to go back to your country

You may be asked questions about difficult topics but it’s important that you explain what has happened to you and your family.

You must tell the caseworker everything you want them to consider or it can count against you.

Your caseworker will make notes in a document called an ‘interview record’. You’ll get a copy of this at the end of the interview.

Most asylum interviews happen over video calls. The audio will be recorded, and you’ll receive a copy of the recording after the interview.

If your Asylum claim is outstanding for more than 12 months through no fault of your own, you can apply to the Home Office for Permission to Work (you can usually only work in jobs on the UK Government’s “Immigration Salary List”). 

You may also be able to get housing and money (‘asylum support’) to support you and your family. If you qualify, this will only start on the day you register your asylum claim. 

In UK asylum cases, several Articles of the European Convention on Human Rights (ECHR) are potentially engaged, either as direct grounds for protection or to prevent removal or deportation to another country where rights would be violated. Below is a breakdown of the key ECHR Articles relevant to UK asylum and human rights claims. 

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
 

• Non-derogable right (can’t be limited or suspended).
   
• Central to humanitarian protection claims.
   
• A person cannot be removed to a country where they face:
   
  • Torture
     
  • Inhuman or degrading treatment or punishment (e.g. in prisons, mental health institutions)
     
  • Serious harm due to violence, war, or systemic abuse
     

• Chahal v UK [1996] – Deportation of a suspected terrorist to India was blocked due to risk of torture, despite national security concerns.

“Everyone has the right to respect for his private and family life, his home and his correspondence.”
 

• Often used where asylum is refused but the person has strong ties in the UK (family, long residence, children).
   
• Common in:
   
  • Partner/spouse visa refusals
     
  • Deportation or removal of parents with British children
     
  • Long-term overstayers with established private life
     

• Proportionality: Whether interference with private/family life is justified
   
• Best interests of children (a primary but not paramount consideration)
   
• Whether there are “insurmountable obstacles” to family life continuing abroad

“Everyone’s right to life shall be protected by law.”
 

• Engaged when a person fears extrajudicial killing, execution, or being killed in conflict if returned.
   
• Often overlaps with Article 3.
   
• Particularly relevant for:
   
  • Whistleblowers
     
  • Political activists
     
  • LGBTQ+ individuals in hostile states

“Everyone has the right to freedom of expression...”
 

• Engaged in cases where an individual faces persecution for:
   
  • Journalism or activism
     
  • Political opinion (especially in authoritarian states)
     
• Used in claims involving:
   
  • Opposition to the government
     
  • Criticism of religious or cultural norms
     
  • Online posts made while in the UK (so-called “sur place” claims)

“Everyone has the right to freedom of thought, conscience and religion...”
 

• Applies to those facing persecution due to:
   
  • Religious conversion (e.g. Muslims converting to Christianity)
     
  • Beliefs contrary to the state religion
     
  • Atheism or agnosticism in highly religious societies
     
• Particularly relevant in Iran, Pakistan, Afghanistan, Saudi Arabia, and other conservative states
   

“In the determination of his civil rights and obligations... everyone is entitled to a fair and public hearing...”
 

• Less directly applicable in asylum claims (as Article 6 usually covers criminal and civil trials).
   
• Might apply in:
   
  • Deportation where criminal charges are pending or the person didn't get a fair trial abroad
     
  • Extradition cases to countries with corrupt or broken legal systems
     

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions.”
 

• Rare in asylum, but sometimes used in expropriation or confiscation claims where a person's property is at risk due to persecution (e.g. political activists, landowners in conflict zones).
   

“An alien lawfully residing in the territory... may be expelled only in pursuance of a decision reached in accordance with law...”
 

• Ensures procedural fairness in expulsion or deportation
   
• Gives rights to challenge and appeal removal decisions
   

Article 3 is absolute—the UK cannot deport someone if there’s a real risk of serious harm to them, no matter how bad their immigration history is. Article 8, by contrast, is qualified, meaning the state can interfere if it's justified and proportionate.