Table Of Contents
- What is asylum in the UK
- Refugee Status
- Eligibility for Asylum
- What is a Safe Third Country
- Can I include my family members when applying for asylum
- What is humanitarian protection in the UK
- Eligibility for Humanitarian Protection
- Section 80A or 80B of the Nationality Immigration and Asylum Act 2002
- Apply for Asylum
- Conclusion
If you came to the UK and you cannot return to your home country due to fear of persecution, you may apply for asylum. If your asylum application is successful, you may stay in the UK as a refugee. What if you do not qualify for asylum but you still require protection due to the risk of serious harm if returned to your home country? In this situation, you may be granted humanitarian protection in the UK.
What is asylum in the UK?
Asylum refers to the protection given by the UK government. You can apply for asylum if you have fled your country due to the risk of persecution there. You fear persecution due to your race, religion, nationality, political opinion, or membership in a particular social group.
Refugee Status
You will be granted refugee status if your asylum application is successful. Refugee status allows you to live legally in the country. As a refugee, you may also work, study, and access certain benefits. This includes protection from being sent back to your home country, where your life may be at risk.
You can be granted refugee status if you meet the refugee definition as defined in Article 1 of the
1951 Refugee Convention. Refugee status means you are protected by the Refugee Convention.
Eligibility for Asylum
You can apply for asylum to receive refugee status if you meet the following conditions.
Fear of Persecution
You must be unable to go back to your country due to a huge risk of possible persecution there. Your fear of persecution must be based on your
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group (e.g., gender, gender identity, or sexual orientation)
Protection not Available in Your Country
You must prove that the authorities in your country cannot give you protection from possible persecution or serious harm.
Presence in the UK
You must be present in the UK to apply for asylum.
A Safe Third Country
Your claim for asylum may not be considered if
- You arrived in the UK through a safe third country.
- You have already been granted asylum in a safe third country.
- You have a connection to a safe third country where you could claim asylum.
What is a Safe Third Country?
A safe third country generally means a country:
- You’re not a citizen of
- That would offer protection against persecution and harm.
- That would not send you on to another country where you would be harmed.
Can I include my family members when applying for asylum?
Yes. You can include your dependent partner (spouse or civil partner) and children (below the age of 18) in your application. They must be with you in the UK at the time of application.
If they are not with you at the time you apply for asylum, they may apply for a family reunion to join you later, depending on the outcome of your asylum claim.
If your asylum claim is successful, any dependents named in your claim for asylum can usually stay for the same amount of time as you.
However, they must apply for asylum on their own to get refugee status.
What is humanitarian protection in the UK?
Humanitarian protection was introduced in April 2003 to replace the policy on Exceptional Leave to Remain. It is designed to give you international protection where it is needed. Humanitarian protection is a form of immigration status in the UK. You may be considered for humanitarian protection if you fail to meet the criteria for refugee status.
You may be granted humanitarian protection if you need protection for reasons not covered by the Refugee Convention, but there exist situations where you may be at risk of serious harm in your country of origin.
Eligibility for Humanitarian Protection
Despite being disqualified for refugee status, you may be granted humanitarian protection if you need protection. Paragraphs 327AB (i) to (iv) of the UK immigration rules outline the criteria for granting humanitarian protection.
Risk of Serious Harm –
You may not be considered to be facing a risk of persecution for refugee status under the 1951 Refugee Convention. However, you must still be unable to go back to your country due to potential serious harm. Serious harm includes death, torture, inhuman or degrading treatment, or a serious and individual threat to a civilian’s life due to indiscriminate violence in situations of international or internal armed conflict.
No Protection Available in Your Country –
The authorities of your home country are unable to protect you against the risk of harm.
Do not fall in the category of Excluded from Protection –
You should not fall in the category of people who are excluded from protection. People who fall in this category include those who have committed serious crimes, pose a threat to national security, or have engaged in serious non-political crimes.
Unable to Relocate Internally –
You must not be able to relocate to another part of your home country where you would not face the risk of serious harm.
Section 80A or 80B of the Nationality Immigration and Asylum Act 2002
Section 80A of the Nationality Immigration and Asylum Act 2002 refers to an asylum claim that may be refused if the person has a connection to a safe third country.
Section 80B of the Nationality Immigration and Asylum Act 2002 refers to the removal of asylum seekers to a safe third country.
If your claim for asylum is declared inadmissible under section 80A or 80B of the Nationality Immigration and Asylum Act 2002, you will not be considered for humanitarian protection as well.
You will not have the right to appeal in this case.
Apply for Asylum
You need to follow the below steps to apply for asylum in the UK.
1. Be in the UK
You must be in the UK to apply for asylum, as you cannot apply for it from outside the UK.
2. Notify the Officials
You should notify the border officials that you want to apply for asylum if you have arrived at a UK port or airport.
Notify the Home Office if you are already in the UK.
3. Asylum Screening Interview
The authorities will interview you after you have notified the Home Office. In the asylum screening interview, you will submit the following information, such as
- The reason for which you left your country
- Your background and family details
- Travel route you took to arrive in the UK
You will also be required to submit identity documents such as a passport, birth certificate, etc.
4. Attend the Asylum Interview
The asylum screening interview will be followed by the asylum interview. In this interview, the Home Office will try to understand your situation, your asylum claim, and why you require protection.
You must explain the Home Office.
Why do you have a fear of being persecuted in your home country?
Any supporting documents, such as documents, witness statements, etc.
5. Wait for the Decision
The Home Office may take several months to deliver a decision on your application after the interview. During this period, you may receive temporary accommodation, financial support, or legal aid.
6. Receive the Decision
The Home Office may approve your application for asylum or refuse it.
If you are granted asylum, you may be given refugee status that allows you to live in the UK for five years.
If you are not granted refugee status, you may still be given humanitarian protection and allowed to stay in the UK.
Your claim may be refused, in which case you may have the right to appeal.
Conclusion
An asylum claim is a lengthy and complex process. You must apply for it as soon as you arrive in the UK. There must be a genuine fear of persecution or serious harm in your home country; why do you want to apply for it? You should seek legal assistance throughout the process.