Asylum is a form of international protection given to individuals who have fled their home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Applicants must prove that they are unable to return to their home country due to a well-founded fear of persecution. This process usually starts upon arrival in the UK by informing an immigration officer of their intent to seek asylum.
After claiming asylum, applicants attend a screening interview and a substantive interview to present their case. While the claim is being processed, they may be housed in asylum accommodation and receive financial support.
Once asylum has been granted, individuals can apply for family members to join them in the UK. This typically includes a spouse or partner and children under 18.
The asylum seeker must have been granted refugee status or humanitarian protection. The family members must have been part of the family unit before the individual fled their country of origin.
The family members apply for visas to join the refugee in the UK, and the Home Office assesses the relationship and living arrangements before granting permission.
Asylum Appeals
Overview
If an asylum application is refused, the applicant has the right to appeal the decision. This process allows asylum seekers to challenge the refusal based on errors in judgment, failure to consider certain evidence, or human rights grounds.
Appeals are made to the First-tier Tribunal (Immigration and Asylum Chamber). Applicants may submit additional evidence to support their claim and argue their case before an immigration judge.
A fresh claim for asylum is made when new evidence or significant changes in circumstances arise after the initial claim has been refused and all appeal rights have been exhausted.
The Home Office reviews the new evidence, and if it is deemed credible and significant, the case may be reconsidered. If the fresh claim is refused, the individual may be able to appeal.
Discretionary Leave to Remain
Overview
Discretionary Leave to Remain (DLR) is granted to individuals who do not meet the criteria for refugee status or humanitarian protection but have other compelling reasons to remain in the UK, such as serious health issues or strong family ties.
DLR is granted for a limited period, typically 2.5 years, after which it can be renewed. After 10 years of continuous residence, individuals may apply for Indefinite Leave to Remain (ILR).