Asylum Rights

Source: Refugee Convention 1951; Nationality and Borders Act 2022; Illegal Migration Act 2023; Immigration Rules Part 11

Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.

UK National Law

What is this right?

If you have fled persecution, you have the right to claim asylum in the UK. A person is a refugee if they have a well-founded fear of persecution based on:

  • Race
  • Religion
  • Nationality
  • Membership of a particular social group
  • Political opinion

The asylum process:

  1. Register your claim — at the Asylum Intake Unit or as soon as you arrive in the UK
  2. Screening interview — basic questions about who you are and why you left
  3. Substantive interview — a detailed interview about your claim
  4. Decision — the Home Office grants refugee status, humanitarian protection, or refuses the claim

If granted refugee status, you receive 5 years' leave to remain and can work, claim benefits, and apply for family reunion.

When does it apply?

  • You are in the UK and fear returning to your home country because of persecution.
  • You should claim asylum as soon as possible after arriving — delay can affect credibility.
  • While waiting for a decision, you'll be provided with accommodation (if you need it) and a weekly allowance of £49.18 per person.
  • You cannot normally work while your claim is being considered (see Right to Work above for the 12-month exception).
  • Unaccompanied children who claim asylum are looked after by local authority children's services.

What should you do?

  • Claim asylum at the earliest opportunity — at the port of arrival or at the Asylum Intake Unit in Croydon.
  • Get legal representation — you may be entitled to legal aid for asylum cases. Contact the Refugee Council (020 7346 6700) or Asylum Aid for referrals.
  • Tell your full story at the substantive interview — the decision-maker can only consider what you tell them.
  • Keep all documents — identity documents, country evidence, medical reports, and correspondence from the Home Office.
  • If your claim is refused, you usually have 14 days to appeal to the First-tier Tribunal (Immigration and Asylum). Get legal advice immediately.

What should you NOT do?

  • Don't delay claiming — late claims damage credibility. If you had good reasons for delay, explain them.
  • Don't give false information — inconsistencies between your screening interview, substantive interview, and evidence will be used against you.
  • Don't miss appeal deadlines — 14 days is very tight. Seek legal help immediately after a refusal.

You came here to know your rights — help someone else know theirs.

Support This Mission