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Claiming Asylum in the UK

By: Louise Smith, barrister - Updated: 22 Mar 2017 | comments*Discuss
 
Claiming Asylum In The Uk

A foreign national who faces the threat of serious harm in their own country may be able to claim asylum in the UK. The main legal document concerning the treatment of asylum seekers, or refugees, around the world is the UN Convention Relating to the Status of Refugees 1951. A successful asylum seeker may be given leave to remain in the UK for five years.

The UK has a long history of giving sanctuary to foreign nationals who have been persecuted in their own country. However, in recent years there has been public concern at so-called “bogus” asylum seekers whose real motivation for coming to the UK is to exploit the benefits and economic opportunities available here. As a consequence there has been a general tightening of the rules around asylum.

Definition of Refugee

A person is defined as a refugee by the UN Convention Relating to the Status of Refugees if:
  • He or she is outside of their own country;
  • Has a well-founded fear that they will face persecution because of their race, religion, nationality, membership of a social group or political opinion; and,
  • Cannot, or will not, rely on protection by the country of their origin.

Who is Eligible to Claim Asylum in the UK?

Foreign nationals or stateless people who fear persecution as defined by the UN Convention may claim asylum in the UK. They must do so in person and must be in the UK to claim asylum here. A person who has previously been harmed or persecuted but who no longer faces that threat does not qualify for refugee status under the UN Convention.

How and When to Claim Asylum

Asylum may be claimed as soon as the foreign national enters the UK. If so it will be claimed at the port of entry. Asylum is claimed by simply telling an immigration official that the individual wishes to claim asylum. Once this notice is given the asylum process will begin.

If asylum is claimed at a later stage it should be done at an asylum screening unit. Units are located in Croydon and Liverpool. The individual will then be registered as an asylum seeker and begin the asylum application procedure. If a person has spent some time in the UK and only applies for asylum at a later date this may count against them when their application is considered.

Applicants who have travelled from the country in which they claim that they face persecution to the UK via another European Union or “safe” country may be returned there by UK immigration authorities to make their asylum application. The reasoning behind this is that the asylum seeker no longer faced persecution once they were in the other European Union or safe country.

How Asylum Seekers are Treated While Their Application is Being Processed

Once an individual has claimed asylum they will usually be given temporary leave to enter and remain in the UK. They may be allowed to live freely and provided with support and / or housing by the government. However, in some cases asylum seekers may be held in detention while their application is processed.

The status of asylum seekers may be further complicated by the fact that it is almost impossible to have entered the UK legally as a refugee or asylum seeker even in cases where the individual managed to obtain an immigrant visa before coming to the UK.

The European Convention on Human Rights

The UK is bound by European Human Rights law which means that they have a legal duty not to send someone back to a country where they may be tortured or subjected to inhumane treatment or punishment. In some cases an individual who does not qualify for refugee status may be given discretionary leave to remain in the UK pursuant to the European Convention on Human Rights.

Foreign nationals given leave to remain under this legislation will usually be allowed to stay in the UK for three years. After the three years have elapsed the authorities will consider whether or not the individual needs to stay in the UK.

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I am from the state of UTTAR PRADESH which happens to be the seat of orthodox,militant hinduism.I have had been a closeted CHRISTIAN for a very long time now...for the past 18 years or so....I am 36 years of age.......ALSO,I am a POET in the language ENGLISH.I am a terrible outcast here and am vulnerable to a lot of harassment.I will like to know my chances of obtaining asylum in GREAT BRITAIN as an apostate.
asshole - 22-Mar-17 @ 12:02 PM
sir i am here in pakistan and i am a afghaani Abbasi and k am refugee there but i does not have any save shelter there because i am a student and talibans was enimies of my life they killedy whole family but i am succeed to safe my life but now if they find me there they will kill me and pakistan police does nit helps me to save my life and there i have run short of money and food i think i does not have anything with me and i am here in wait of anyone who helps me if you are able to safe my life so please give me asylum because i want to study more and safe myself from talibans because they are nit good persons and i does not know that how to go with water way for uk if i know that way but i am not abble to go with water way or any boat way but i ma really sceared there so please help me
zaib - 7-Mar-17 @ 8:55 PM
I hate immigration of UK as they don't have human rights
Fara - 6-Mar-17 @ 12:13 PM
hi, i cam in this country in 2010 and my visa got finished in 2012. Since then i havent gone back to my country and i am living in uk. This year my whole family which includes my parents and sibblings are moving to canada after selling the house we use to live together. Now i dnt have anyone back home in pakistan and i dnt have anyone with my blood ties i can live with. Can you please advice me on this problem
danish - 5-Mar-17 @ 10:15 PM
Harbi - Your Question:
Hi my is abdul originally I am somalian stays in south africa as a refugeeand as everybody knows that hre in south africa they kill us everyday they threaten also I my self met alot of treaten against humanity and I have all thr prooof so if I come to uk and bring all the evidence will uk accept me coz there is zenophopia here also reply plz

Our Response:
As with the post below and as highlighted in the article, asylum can only be claimed if you are already in the UK. Asylum seekers must show that they have a well-founded fear of persecution due to their race, religion, nationality, political opinion or membership of a particular social group, and are unable or unwilling to seek protection from the authorities in their own country. Therefore, I suggest if you are being threatened in your own country, you approach your country's policing authorities for help.
AboutImmigration - 24-Feb-17 @ 9:52 AM
Hi my is abdul originally i am somalian stays in south africa as a refugeeand as everybody knows that hre in south africa they kill us everyday they threaten also i my self met alot of treaten against humanity and i have all thr prooof so if i come to uk and bring all the evidence will uk accept me coz there is zenophopia here also reply plz
Harbi - 23-Feb-17 @ 3:57 AM
ram kishan - Your Question:
Hi,i am ram kishan reddy residing in bangalore,india.i am studying designing here I met muslim girl after having a friendship with her,she removed her veil(burqa) completely.her relatives came to me threatening me,they are saying we will kill you.my life in danger still she is friend in my facebbok,i am scared for my life &scared to go to institute I do not have job,money I want asylum in uk please help me.i am staying inside home not going outside in daytime,i am scared for my life pls I need your help.if anything happens to me uk needs to take responsibility,thanks.

Our Response:
Asylum can only be claimed if you are already in the UK. Asylum seekers must show that they have a well-founded fear of persecution due to their race, religion, nationality, political opinion or membership of a particular social group, and are unable or unwilling to seek protection from the authorities in their own country. Therefore, I suggest if you are being threatened in your own country, you approach your country's policing authorities for help.
AboutImmigration - 16-Feb-17 @ 10:19 AM
hi,i am ram kishan reddy residing in bangalore,india.i am studying designing here i met muslim girl afterhaving a friendship with her,she removed her veil(burqa) completely.her relatives came to me threatening me,they are saying we will kill you.my life in danger still she is friend in my facebbok,i am scared for my life &scared to go to institute i do not have job,moneyi want asylum in uk please help me.i am stayinginside home not going outside in daytime,i am scared for my life pls i need your help.if anything happens to me uk needs to take responsibility,thanks.
ram kishan - 15-Feb-17 @ 6:22 AM
Jamal- Your Question:
Hey there I'm from Iraq I'm living here nearly 10 years I can not do nothing I like working help people's I haven't seen my parents 10 for years and and I'm homeless 8 years it's really hard life is don't know what can I do pls advice me some time in wanna killing myself no one listing to and help me pls pls I need help thanks.

Our Response:
I am sorry to hear this. I can only suggest you seek advice from an organisation such as Refugee Action, link here who will be able to help you, or at least point you in the right direction. If you wish to leave the UK and go home to live with your family, you can apply for voluntary deportation. You can apply for this if have already been given humanitarian protection, indefinite leave to remain or refugee status. I hope this helps.
AboutImmigration - 6-Feb-17 @ 11:32 AM
Hey there I'm from Iraq I'm living here nearly 10 years I can not do nothing I like working help people'sI haven't seen my parents 10 for years and and I'm homeless 8 years it's really hard life is don't know what can I do pls advice me some time in wanna killing myself no one listing to and help me pls pls I need help thanks .
Jamal - 5-Feb-17 @ 3:45 PM
faisal - Your Question:
Sir I become a ahmadiya muslim to muslim.and my whole family is deoband muslim and my all family discarded me because I become a alhamdiya muslim my life is not safe in pakistan my life is danger in pakistan.my family kill me plz help me to save my life and getting asylum

Our Response:
As specified in the article, an individual can only claim asylum in the UK, if they are already in the UK. Asylum may be claimed as soon as the foreign national enters the UK. If so it will be claimed at the port of entry. Asylum is claimed by simply telling an immigration official that the individual wishes to claim asylum. Once this notice is given the asylum process will begin.
AboutImmigration - 3-Feb-17 @ 2:11 PM
Sir i become a ahmadiya muslim to muslim.and my whole family is deoband muslim and my all family discarded me because i become a alhamdiya muslim my life is not safe in pakistan my life is danger in pakistan....my family kill me plz help me to save my life and getting asylum
faisal - 2-Feb-17 @ 4:54 PM
Myself Maria from Pakistanand i want to tell you something that i am Christian student here in our institution we face many hurdles our teachers do not give us good marks whether we work hard due this i do not have a good job even i don't have a job. i am jobless here can't earn money and due to Christianity i don't find any job people here are not in favor of giving us job here.my disable sister is also lived with us and she has also not a good future. me and my poor family living here in many crises please help us in finding a good way i will be thankful to my "Jesus" and than you. Took humble eye on my request . God Bless You
Maria - 28-Jan-17 @ 10:57 AM
Sir I wanna apply my asylum seeker .in Pakistan I am not secure my father works in medical departement he always gets threat .I have no future here.my eye sight is se weak I cant concentrate here not even on my jon and on my studies.I want guidance from you.please I want asylum in uk
amar - 22-Jan-17 @ 6:32 AM
hello sir i am from india. I am unable to bear the weather here. It is so hot here that I am suffering from heat stress every day even in winter.I am unable to work because of my suffering.I am unable to earn any money.so i fear I may die because of poverty and starvation.So i want to move to a colder english speaking country because I can speak english.so can I claim any asylum based on medical grounds
pavan - 31-Dec-16 @ 6:37 AM
please guide me how to apply for refugee status nd i dont want to discontinue my education due to financial issue.am i elgble iam from FATA pakistan a conflict zne very bakward.we face honour killing tr.
humii - 17-Dec-16 @ 5:30 PM
iam student at Uk i am frompakistan.i have just arrived from my country i have selected education as i was facing race problem also millitants are against female education i have two disabled brothers my father is 65yers old he cannot afford my tuition fee i cannot marry my cousins according to my culture i cannot go for arrange marriage.millitants and shia are our enemies i am not safe in my country iam unable to pay tuition fee if i go back to my country it will be cage for me and i am not safe there.
humii - 17-Dec-16 @ 5:26 PM
Sanjay - Your Question:
Hi! I am from India and well settled here, I belongs to a hindu brahamin family and with all faith and believe have converted to Christianity and very happy and blessed to be an Christian. I am practicing Christianity and want to continue but since last 3 to 4 months I am start getting threat calls, letters etc and couple of occasions few people attached on me, have given 3 complainants to the local police but no updates at yet.I am with my family living in fear and very scared.due to this I am not able to continue my practice and not even able to go to Church as they people chasing me always.Please advise if we come to the UK can we apply for asylum.Thanks

Our Response:
An individual can only claim asylum in the UK, if they are already in the UK. As specified in the article, asylum may be claimed as soon as the foreign national enters the UK. If so it will be claimed at the port of entry. Asylum is claimed by simply telling an immigration official that the individual wishes to claim asylum. Once this notice is given the asylum process will begin.
AboutImmigration - 14-Dec-16 @ 2:17 PM
Hi! I am from India and well settled here, i belongs to a hindu brahamin family and with all faith and believe have converted to Christianity and very happy and blessed to be an Christian. I am practicing Christianity andwant to continue but since last 3 to 4 months I am start getting threat calls, letters etc and couple of occasions few people attached on me, have given 3 complainants to the local police but no updates at yet....I am with my family living in fear and very scared...due to this I am not able to continue my practice and not even able to go to Church as they people chasing me always....Please advise if we come to the UK can we apply for asylum. Thanks
Sanjay - 9-Dec-16 @ 12:18 PM
Hi sir I cam in UK 2012 on spouse visa.I never stayed with my hubby and in-laws happily.I suffered domestic violence from my hubby.he is taking drugs .my visa was run out before 2 years .he never helped me.now I'm away from him I am pregnant from someone else.I can't go back Pakistan because of my brothers and uncle goona kill me becausea baby is out of marriage.I don't have income I tried before of pregnancy divide 2 times.I' can't sleep without sleeping tablets.if I don't have my baby in my stomach may be I kill myself but now I want live my life for my baby .I applied asylum seeker.I had attend 1st appointment now I'm waiting for another appointment.please I need ur advice sir and please don't show my message of public.am waitingfor ur answer.I'm 26 weeks pregnant.and my friend is British.thanks sir
Sum - 20-Nov-16 @ 11:31 PM
I am refuse asylum seekers in U.K. 6 years still live here full time work no tax I want give tax no permeation and my partner she is British so I don't know wha shall I do cuz I don't want go Afghanistan ????
Khan - 15-Oct-16 @ 10:03 PM
I came to this country from bangladesh when I was 9 years old my mother left me here with my extended family and all I knew was i went to school in the UK. For about 5 years i was shifted from relative to relatives house never had a sound upbringing or understood was it meant to be settled and safe. No news from my mum i had problems in an aunts house so I ran away and became homless was helped by social sevices and had a hostel which I stayed in. I have had no legal rights my brother tried to claim asylum for me but that never worked out. I have had no financial support other than 50 a week from social services to live on. I didnt finish school as i was always bullied for bot being a British citizen. I fell into the wrong crowd by the age of 19 I was involved with a gang and they looked after me by giving me mkney a sense of belonging and a family. Currently undergoing a sentence in a youth offenders unit I have been moved around there a few times and now I have been sent a deportation order my solicitors and lawyers say I have a 50/50 chance I am waitjng an immigration appeal and after that my fate will be in the hands of the home office. I have lived half my life here feel terrible for coming here I feel like a burden to everyone.
Jm - 14-Oct-16 @ 11:21 PM
sahr - Your Question:
What is the procedure to complain against asylum applicant. who is not an asylum but applying for it with the help of uk resident. legally how can we register complain against that person.

Our Response:
Please see gov.uk link here.
AboutImmigration - 23-Sep-16 @ 11:17 AM
My friend has been issued an assylum seeker id card permitting him to work.it's the new id card or just an exception
Glamerouse - 22-Sep-16 @ 8:26 PM
what is the procedure to complain against asylum applicant.. who is not an asylum but applying for it with the help of uk resident.. legally how can we register complain against that person.
sahr - 22-Sep-16 @ 10:58 AM
Greetings, I am a Syrian citizen Khaled Khalil, from the Syrian Golan, and we live in Damascus refugee camp Alspinh for displaced people, and when the events began in our logic of violent incidents to the destruction of homes and "... but the security situation is intolerable became, but I was forced to out, and it was stronger than me conditions. first,), so much so that no one goes out at night, for fear of assassination can be, not to mention the bombing, who was night and day, and I my family and go next door to the village, and safer, but soon come to these villages tour and my family and I went to Damascus to get refugee status in the school for refugees and time after time, has been standing for hours and SAT before the harassment and FAQs inspection, after the abduction of girls from the streets and began incredible things, and then decided to travel to Turkey, and I and my wife and children, and five We now live in Istanbul, but the circumstances do not go as I wished for the children of my children and graduates in the field of computer and sports, and I have a degree in mechanics and all certificates from the embassy in the Syrian Foreign Ministry, and all the required documents for me and my family, and asked humanitarian asylum because it narrowed the world in my eyes and I want the best for the future of my children, thank you very much
alkhlil - 5-Sep-16 @ 7:58 PM
Hy. My mom father is in the U. K and he seeking a working permit... does this allow him to bring his family over from Somalia?
Ahmed - 25-Aug-16 @ 5:50 PM
Hi My name is Alice. My whole family shifted to Engand in 2001 and my mother took asylum just before the expirey of Visa. We stayed in the UK for almost 7 years before they removed us from UK in 2007. We were studying and living our lives, even my little brother was born there. One day they came to our house and took us to the detention center and told us we can re-appeal or else we have 72 hours to leave the country.. It's 2016 now and we;re still in our country. Almost 10 years now. What I wanna know is that can we go back? Is there any application we can put regarding our case? Can they bring us back to UK? If not, can i apply for the visa? I would like to fight for our case. Please answer correctly
alice - 12-Aug-16 @ 9:17 PM
I've nothing to do with an asylum I'm not even in the UK. But a random though when people apply for an asylum at a later date say someone has only six months left in their visa to expire and they apply how is this viewed negatively or positively? Secondly, how much do you view or consider in a positive sense , the statement of the person versus what the media has to say about that person or even people on social media of the area that person is coming from? Third, how much consideration is given to the truth? Truth is I'm a female in a country where honour killing happens as well but I don't flea why because if we all start leaving aren't we letting the bad people empower anyways? Can't staying in your homeland make a difference that's what I actually believe in unless someone's in a dire condition such as gay marriages ( which I think is a basic human right) or religious persecution or so on.
Dee - 19-Jul-16 @ 6:24 PM
Hi i wana ask im female and my ex boyfriend is threatening me.he misused my pics and videos in social media.hes harrasing me more.im not safe here no one is protecting vme.kindlt guide me can i take asylum?wats tge procedure
Nawal - 11-Jul-16 @ 11:57 AM
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