Claiming Asylum FAQs

Claiming asylum in the UK can be complex and raises a number of different issues. We set out here some answers to the common questions.
 

Please note that the questions and answers on this page are for general information only and must not be used as a substitute for legal advice. You should always take legal advice which is tailored to your specific circumstances. Contact a member of the immigration team for more information.

How long will it take for my claim to be decided?

The processing time for asylum claims can vary significantly depending on various factors, including the complexity of the case and the Home Office’s caseload. In some cases, decisions are made within a few months, while others can take several years. It may be possible to challenge the Home Office’s delay in making a decision on your claim. If your claim is refused, you may have the right to appeal, which will add to the overall timeline from several months to over a year.

 

Will I be given an identity document once I have claimed?

Once you have claimed asylum in the UK, you will receive an Application Registration Card (‘ARC’). This card serves as proof that you have submitted an asylum application and includes your personal details and photograph. It can be used to access certain services, such as bank accounts and healthcare.

 

Will the Home Office retain my passport? When will I get my passport back?

In most cases, the Home Office will take your passport at the initial interview (known as the ‘screening interview’ or ‘registration interview’) and retain it during the asylum application process. If you are granted refugee status, current Home Office policy is to retain the passport if you are issued a Refugee Convention Travel Document (see below for more on these), save for exceptional circumstances. The passport may also be retained to facilitate your removal if your claim is unsuccessful. If your claim is refused and you are granted a different form of leave, then your passport should be returned to you.

 

Can I get my passport back before the decision is made? 

In general, once you claim asylum in the UK, your passport is retained by the Home Office for the duration of the asylum process. However, there may be some exceptional circumstances in which you could request its return before a decision is made, such as for urgent travel needs or for specific legal reasons.

 

Will the Home Office tell the authorities of my home country about my asylum claim? 

The Home Office has a legal obligation to protect the confidentiality of your asylum claim. For that reason, save for the most exceptional circumstances they will not inform your country (or countries) of nationality that you have claimed asylum.

 

While my claim is pending, can I work, volunteer, or conduct business?  

This depends on whether you have valid permission that entitles you to work or conduct business at the time you claim asylum. If not – for example, because you are a visitor or an overstayer when you apply – you will not have the right to work during the first 12 months that your claim is outstanding. After 12 months, if the delay in deciding your claim is not through any fault of yours, you will be able to apply for the right to work. If granted, there are restrictions on the types of work that you can undertake.  

You are allowed to volunteer while your asylum claim is being processed but there are limitations about the voluntary role you can undertake.

 

While my claim is pending, can I study?

You can usually study while your claim is being processed, but you will need to check with your educational institution regarding any specific requirements or restrictions that may prevent you from studying. In some instances, the Home Office can prohibit you from studying.

 

Can I travel?

Without express permission, you cannot travel outside the UK while waiting for a decision on your asylum application. Doing so will very likely mean that your claim is withdrawn.

 

Can I get a UK driving licence? 

Asylum seekers may face difficulties when applying for a full UK driving licence as the Driver and Vehicle Licensing Agency (DVLA) is not permitted to issue a driving licence to anyone who is not lawfully resident in the UK, and the proof of lawful residence that it requires is often not available to asylum seekers. The DVLA does, for example, accept ARCs as proof of lawful residence. The situation is more straightforward for those who were residing in the UK with a different form of permission (such as a student or skilled worker) before applying, since they can usually more easily demonstrate their lawful residence.

 

Can I open a UK bank account? 

The difficulties faced by asylum seekers when opening bank accounts often depend on what permission they had at the point they claimed asylum. In theory, most asylum seekers are able to open basic current accounts with UK banks. However, in practice this can be difficult because many banks do not accept Application Registration Cards as proof of identity and status. We can advise about banks that have a track record of opening accounts with asylum seekers.

 

Can my family visit me before my claim is decided?

It is possible for your family to visit the UK while your claim is pending. However, there are very often complications because the Home Office is likely to question the visiting family member’s intent to leave the UK before the expiry of their permission. We can advise about these applications and maximise the prospects of success.

 

Can I rent a home?

If you are seeking asylum, you do not have the right to rent unless the permission you held at the time you claimed asylum gave you the right to rent. However, you could get housing through the asylum support system if you have nowhere to live.

If your asylum claim is successful and you are granted refugee status or any other form of permission, you gain the right to work, rent, and buy a home like any other UK resident.

 

Could I be detained?

It is possible to be detained while seeking asylum in the UK, though it is not automatic, and detention is typically used in specific circumstances. The UK government can detain asylum seekers under immigration powers for reasons such as verifying identity, facilitating removal, or if there is a risk of absconding. If you have been detained, we are able to apply for your release (known as ‘immigration bail’).  

 

Can I use the NHS?

All asylum seekers in the UK are entitled to register with a GP and access free primary care, and to access free secondary care while the claims or appeals are undecided. In Northern Ireland, Scotland and Wales, this access continues after their claims or appeals are refused or dismissed.

 

If I continue to earn income overseas, what are the tax implications?

If you continue to earn an income overseas while seeking asylum in the UK, the tax implications will depend on several factors, including your residency status, the source of your income, and any tax treaties between the UK and the country where you earn the income. Kingsley Napley’s private client team, working with accountants, are able to provide you with personalised advice to ensure your compliance with tax obligations.

 

I have more than one nationality. Could this impact my claim? 

Having multiple nationalities may impact your claim in various ways. An applicant will need to show that they are unable to avail themselves of protection in their country, or countries, of nationality. The starting point will therefore be whether you fear persecution in all countries where you hold citizenship. If there is another country where you have citizenship and you can reasonably be expected to avail yourself of protection there, your asylum claim in the UK may be rejected. Each case is assessed individually, taking into account the specific circumstances and evidence presented. It is important to take advice if this is relevant to you. Please read our blog on this topic for more detail.

 

I have been accused of committing a criminal offence outside the UK. Will my claim be refused? 

Being accused of or charged with a criminal offence can have serious implications for your claim, depending on the nature and seriousness of the offence and the circumstances surrounding your case. It may, for example, be necessary to demonstrate that there are no serious reasons for the Home Office to consider that you have committed the offence, and/or that you do not present a danger to the UK’s national security.

 

I have been convicted of a criminal offence. Will my claim be refused?

As with criminal charges, criminal convictions can have serious consequences for the assessment of your claim and eligibility for refugee status. It may be necessary to demonstrate that there are no serious reasons for considering that you have committed the offence you were convicted of, that your conviction does not render you a danger to the community of the UK, and/or that you do not present a danger to the UK’s national security.

 

I spent time in another country before coming to the UK. What does this mean for my claim in the UK? 

This is a complex area. In brief, if you have travelled through a 'safe third country' on your way to the UK or have a connection to such a country, the Home Office may decide not to admit your asylum claim for consideration in the UK. Whether a third country is “safe” is decided with reference to specified criteria, including that an applicant’s life and liberty must not be threatened on account of race, religion, nationality, political opinion and membership of a particular social group; and that it must be possible to obtain refugee status and protection there.

 

I became an overstayer before claiming asylum. What are the implications for my claim? 

Overstaying the duration of your visa is a criminal offence. Claiming asylum whilst you are an overstayer can have various negative implications, including potentially negative consequences for the assessment of your credibility. It can also mean that you will be subject to the most stringent limitations on the conditions of your stay in the UK while your claim is pending, since any more generous conditions attached to your expired visa will have come to an end with the expiry of that visa. 

 

What benefits can I claim to support me while I apply?

If you need financial help, you may be eligible to apply for Asylum Support. Information about this is available here.

 

What is the substantive asylum interview?

The substantive interview is an important part of your claim. It is an interview during which a Home Office interviewer will ask you in detail about your reasons for claiming asylum. The interview may last several hours during which you will be asked lots of questions and may be asked to provide evidence in support of your claim.

You can be accompanied by a legal representative which is often a necessity due to complications that arise and inaccuracies in Home Office recordings. In exceptional circumstances, and with the Home Office’s agreement, you may bring someone with you for support.

 

If my claim is successful, what will I get?

A claim can result either in a grant of refugee status, humanitarian protection or an alternative form of leave to remain typically based on human rights grounds. Refugee status and Humanitarian Protection will be accompanied by a grant of 5 years’ leave to remain in the UK, while human rights-based leave to remain will normally be for a duration of 30 months. 

You will normally have a right of appeal against the refusal to grant you refugee status or Humanitarian Protection, where you have been granted a shorter period of leave instead. This is exercised in the First-tier Tribunal (Immigration and Asylum Chamber).

 

If my claim is refused, can I appeal?

If your claim is refused and you are not granted any form of permission at all, you will normally have a right of appeal that you can exercise in the First-tier Tribunal (Immigration and Asylum Chamber). If the Home Office decides that your claim is “clearly unfounded” then it may certify your claim as such, which will remove your right of appeal. The only way to challenge such a certification is by judicial review.

 

When my application is granted, will I be given an eVisa?

Everyone who is granted leave to remain in the UK beyond 31 December 2024 will need an eVisa to prove their status. This includes refugees and those with Humanitarian Protection. EVisas are being rolled out currently and you will be given information about how you can access your eVisa after your claim is granted.

 

How do I travel after being granted refugee status?

After you are granted refugee status you will be eligible to apply for a Refugee Convention Travel Document. This is similar to a passport and is valid for travel to all countries other than your country of nationality, although in practice there are countries that do not accept it as a valid travel document.  

 

Can my family join me after my claim has been granted?

There are specific routes available for family members of UK refugees to join them in the UK. This is referred to as “family reunion.” Family reunion is intended primarily for partners and children of refugees but there are is scope for other family members to apply.