How to claim asylum in the UK: what to expect

How to claim asylum in the UK: what to expect

Introduction: seeking protection in the UK

To claim UK asylum is not simply a bureaucratic process. It is a profound human step taken when returning home would mean danger, persecution, or inhuman treatment. The UK provides a structured, though often complex, pathway for those seeking protection. Understanding what lies ahead reduces uncertainty and offers reassurance during an otherwise daunting journey.

Where and when to claim UK asylum

Asylum is available to individuals who cannot return to their home country because of a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership of a particular social group. It also applies where serious harm — such as torture, inhuman treatment, or life-threatening conflict — would await on return.

The meaning of persecution in asylum law

Persecution goes beyond imprisonment or direct violence. It can involve systematic discrimination, denial of basic freedoms, or threats from non-state actors that the government cannot or will not control. The law requires that the fear be genuine and the risk substantial.

Where and when to claim asylum

• To claim UK asylum, an application must be made on arrival in the country, or as soon as reasonably possible afterwards.
• Individuals arriving through irregular routes (such as small-boat crossings) are directly affected by the Illegal Migration Act 2023. This Act places a duty on the Home Secretary to detain and remove people who arrive irregularly, making their asylum claims inadmissible.
• The government is working to operationalise this policy, most notably through the Safety of Rwanda (Asylum and Immigration) Act 2024, which declares Rwanda a safe country for removals under the Illegal Migration Act framework.
• Despite these measures, the UK remains bound by international law not to remove anyone to a place where they face torture, persecution, or other serious harm.

First contact with the authorities

The process begins by registering the claim with immigration officers. Biometric data (fingerprints and photographs) is taken, along with basic details and a short statement of why protection is sought. This forms the foundation of the official case record.

The screening interview

This is a short, initial meeting. Officials ask about identity, travel route, and family, as well as a brief outline of the reasons for seeking asylum. It is not a full assessment but shapes the case file and determines immediate steps, such as accommodation or reporting requirements.

The substantive interview when you claim UK asylum

The substantive interview is the most important stage when you claim UK asylum, as it allows you to present your case in detail.

The role of interpreters and legal representatives

Applicants are entitled to interpretation in a language they understand. Legal representatives can submit evidence, prepare applicants for interviews, and attend with them. Their presence is crucial to ensure fairness and accuracy.

Living conditions while waiting for a decision

Housing and financial support

• Asylum seekers without resources may receive accommodation and a small weekly allowance.
• Since 2024, the government has reduced hotel use and moved towards large-scale accommodation sites (such as former military bases and barges).
• As of March 2025, the number of asylum seekers in hotels had fallen by 42% from its 2023 peak. By June 2025, 67% of supported asylum seekers were in “other accommodation,” mainly these larger sites.
• However, hotel use can fluctuate depending on arrival rates and capacity, and short-term reliance continues during peaks, even though the long-term policy is to phase them out.

Healthcare and education access

Asylum seekers are entitled to NHS healthcare, including mental health services. Children of school age must be given access to education.

Rights and restrictions when you claim UK asylum

Right to work

• Asylum seekers generally cannot work while waiting for a decision.
• However, if a claim has been pending for over 12 months with no fault of the applicant, they may apply for permission to work.
• If granted, employment is limited to roles on the Immigration Salary List.

Travel and reporting

• Claimants cannot usually travel outside the UK while awaiting a decision.
• Many are required to report regularly to immigration offices.

Possible outcomes of an asylum claim

Grant of refugee status

Successful claimants receive refugee status for five years, after which they may apply for settlement (indefinite leave to remain). Refugee status provides the right to work, study, and access public services.

Humanitarian protection or leave to remain

Where refugee criteria are not met but serious harm is likely, humanitarian protection may be granted. Discretionary leave applies in special circumstances, such as cases involving children or medical conditions.

Refusal and appeal rights

If refused, applicants can usually appeal to an independent tribunal. Some decisions, such as inadmissibility rulings under the Illegal Migration Act, have restricted appeal rights.

Appeals and further remedies

• The appeals backlog has become a major challenge. By June 2025, the backlog of initial asylum decisions had fallen to 70,532 cases (a 47% drop from June 2023).
• However, this has shifted pressure to the tribunal system, where there were over 90,000 appeals pending by March 2025, including more than 50,000 asylum appeals (up from 27,000 a year earlier).
• To address this, the government has announced plans to create a new independent adjudicator body to speed up appeals, though this reform has not yet been fully implemented.
• Judicial review remains available for legal errors but is limited to points of law.

Vulnerable groups: families, children, and survivors of trauma

Special safeguards apply to children, survivors of trafficking, and those with severe medical or psychological needs. Their interviews and housing must be adapted to ensure sensitivity and minimise retraumatisation.

Recent changes shaping asylum in 2025

1. Illegal Migration Act 2023: Core provisions to detain and remove irregular arrivals are being rolled out, with claims treated as inadmissible. These provisions directly affect those who try to claim UK asylum after arriving through irregular routes.
2. Safety of Rwanda (Asylum and Immigration) Act 2024: Establishes Rwanda as a safe country in law for removals, under the framework of the Illegal Migration Act.
3. Accommodation shift: Hotel use cut sharply, though numbers still fluctuate with new arrivals; the majority are now in large sites or barges.
4. Appeals reform: The government has announced plans for a new independent adjudicator body to reduce the tribunal backlog.
5. Refugee family reunion: From September 2025, the Refugee Family Reunion route has been suspended. New applications must now be made under the standard family visa rules (Appendix FM), which require meeting both financial and English language thresholds. The government has announced that a new, stricter system will be introduced in spring 2026. Existing applications continue to be processed.
6. Right to work: Remains restricted — after 12 months’ delay, only jobs on the Immigration Salary List.

How LawSentis can help you

LawSentis provides tailored guidance for individuals and families navigating the UK asylum system. Our services include:

• Careful preparation of asylum applications and evidence
• Representation in screening and substantive interviews
• Support in appeals and judicial reviews
• Advice on humanitarian protection and other leave options
• Assistance for vulnerable applicants, including children and survivors of trauma

We combine legal expertise with a strong human rights focus to ensure no claim is left unheard or misunderstood. Whether you are beginning your application or challenging a refusal, LawSentis stands beside you to protect your rights and future.