Asylum Rights in the United Kingdom
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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:
- Register your claim — at the Asylum Intake Unit or as soon as you arrive in the UK
- Screening interview — basic questions about who you are and why you left
- Substantive interview — a detailed interview about your claim
- 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, the Home Office must provide asylum support under Immigration and Asylum Act 1999 s.95 if you would otherwise be destitute — accommodation (if you need it) plus a weekly allowance of £49.18 per person if self-catered or £9.95 per person if catered (rates current as of May 2026). Short-term support pending the s.95 decision is provided under s.98. Failed asylum seekers may still qualify for s.4 support under the five conditions in SI 2005/930 reg 3(2).
- 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 to Do If You Are Seeking Asylum in the UK
- 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.
- If your asylum support is refused, stopped, or reduced, you have 3 working days from receipt of the decision to appeal to the First-tier Tribunal Asylum Support (SI 2008/2685). Migrant Help on 0808 8010 503 runs the 24/7 support line; ASAP on 020 3716 0283 (Mon/Wed/Fri 2-4pm) provides specialist help for FTT-AS appeals.
- Granted refugee status? You have a 42-day move-on period to leave Home Office accommodation, register for benefits, and find housing. Plan this gap before your support stops.
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.
Common Questions
When does asylum rights 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, the Home Office must provide asylum support under Immigration and Asylum Act 1999 s.95 if you would otherwise be destitute — accommodation (if you need it) plus a weekly allowance of £49.18 per person if self-catered or £9.95 per person if catered (rates current as of May 2026). Short-term support pending the s.95 decision is provided under s.98. Failed asylum seekers may still qualify for s.4 su...
What should I do if I have arrived in the UK and want to claim asylum?
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 le...
What mistakes should I avoid with asylum rights?
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.