Learn more about us. This briefing examines asylum and refugee resettlement in the UK. It presents data on the number and characteristics of asylum seekers and resettled refugees, the success rate of asylum applications, and the impact of COVID An asylum seeker or asylum applicant is a person who has applied for recognition as a refugee under the Refugee Convention, to which over nations are signatories UNHCR, There is no law that says asylum seekers must make their asylum claim in the first safe country they arrive in after leaving their country of origin.
However, under an EU law called the Dublin III Regulation, asylum seekers could in theory be transferred to the first EU member state in which they arrived after leaving their origin country. Because of Brexit, the UK is no longer a part of the Dublin arrangements, and without new agreements with either the EU as a whole or with individual member states will probably have to consider the claim of every person who seeks asylum here.
To claim asylum in the UK, a person must be in the UK. It is not possible to apply from outside the country, and there is no asylum visa. Therefore, to claim asylum in the UK a person must enter either irregularly, such as by small boat, lorry, or by using false documents, or for another purpose, such as tourism or study.
Others could arrive without a required visa. Applicants will not be granted asylum if the government believes they represent a danger to the UK Home Office, a, p. There are three possible outcomes of an asylum application. Second, the applicant can be granted another form of leave: humanitarian protection HP ; discretionary leave DL ; leave under family or private life rules; unaccompanied asylum-seeking child UASC leave; leave outside the rules; Calais leave; or exceptional leave to remain.
Third, the asylum claim can be refused. If a claim is refused, the applicant can appeal against the initial decision. The Home Office states that asylum in the UK should be sought at the first available opportunity, on arrival at a port of entry.
Those who do not claim asylum on arrival can instead apply in person for asylum at the Asylum Intake Unit in London. Due to the coronavirus pandemic, the government has temporarily introduced additional locations where asylum claims can be made: Glasgow, Belfast, Cardiff, Liverpool, Leeds, and Solihull. Asylum seekers are not generally permitted to work in the UK while their claim is being considered.
The Home Office may only grant an asylum applicant permission to work if both 1 their asylum claim has been outstanding for more than 12 months through no fault of the applicant, and 2 the job is on the Shortage Occupation List which includes a selection of skilled jobs.
Campaign groups have argued that asylum seekers and their adult dependants should be able to work in any job after having waited six months for a decision on their claim or further submission for example, Refugee Action, Asylum seekers are, however, permitted to study while awaiting a decision on their asylum claim. Refugee resettlement is separate from the asylum process. In the asylum process, people must apply for asylum whilst in the UK. But for resettlement there is no application procedure.
If the Home Office think you entered the UK fraudulently or you have used false documents at any time during the past ten years, they can now refuse an application for Indefinite Leave to Remain. Of course, asylum seekers often enter the UK illegally and may be trying to hide their true identity. If this is you, we can advise. As you reach the five year point, it is a good idea to come and see us to talk about applying for Indefinite Leave to Remain.
We offer a free 20 minute consultation. If you use our services, we will prepare and submit the application on your behalf. We will gather all the right evidence and ensure the Home Office understand your circumstances. If there are problems with the application, we will tell you. If we think your application will be refused, we will tell you and advise you not to proceed. We never take money from clients for hopeless applications unless they insist we do so. The Home Office will then make a decision.
If successful, you will be granted Refugee settlement: Indefinite Leave to Remain. You will be eligible to apply for British Citizenship, either immediately or after 12 months. This is something we can discuss if you would like to know more.
It depends on what you have done, when it happened and what sentence you were given. Criminal convictions can be a reason to refuse an application for Refugee Indefinite Leave to Remain.
Refugee Settlement: Indefinite Leave to Remain For those who have escaped danger in their home country. Working with us on Refugee settlement: Indefinite Leave to Remain We will take a look at your documents to ensure you are eligible to apply for Refugee Indefinite Leave to Remain.
How does the process work? If you have children, we can also discuss their status. Frequently Asked Questions My family is here with me. Can they apply for Indefinite Leave to Remain? Yes, if they came with you originally or came on the Family Reunion route. Get in touch. For those who have escaped danger in their home country. Section 31 sets out a number of defences to various criminal offences connected to illegal entry and possession of false documents that refugees can plead if charged with them.
There is no similar statutory defence for those granted humanitarian protection. Crown Prosecution Service guidance seems to make no mention of humanitarian protection whatsoever. In Scotland, the equivalent guidance urges prosecutors to consider it, but the fact remains that there is no protection enshrined in law.
These views must be taken into consideration. No such provision exists for those with humanitarian protection, resulting in a more fragile status with less robust international oversight. Refugees and those granted humanitarian protection can apply to the Home Office for family reunion with pre-flight partners that is, partners they got together with before they fled their country of origin. For post-flight partners, they can sponsor their partners under Appendix FM in the same way in which a British or settled person can.
But these partners did not benefit from visa protections for victims of domestic abuse. These protections include the right to stay in the UK if a relationship with an abusive sponsor had ended which would otherwise terminate the visa. Thanks to a relatively recent amendment to the Immigration Rules brought about by the case of A v Secretary of State for the Home Department [] CSIH 38 , these protections have been extended to partners of refugees. Thus, partners of refugees who have been victims of domestic violence can now make applications for indefinite leave to remain in the UK.
But partners of those with humanitarian protection were not included, leaving a considerable lacuna in the law. Those with humanitarian protection can still sponsor their partners to join them in the UK, but if they are violent or abusive towards them, those partners do not have the benefit of protection under the rules.
This is the equivalent of a passport, but issued to those who have been granted refugee status under the Refugee Convention and enables them to travel internationally to other countries which subscribe to the Convention still subject to any visa requirements those countries may have. This travel document is made available to refugees so that they do not have to have any further contact with the country which they have fled from. A person granted humanitarian protection however will not be entitled to apply for a Convention travel document, because their status is not underpinned by the Convention.
Instead, they will have to continue to rely on their own national passport. If they cannot get one, they will have to apply for a black travel document called a Certificate of Travel. This is yet another type of travel document issued by the UK government. In order to obtain a Certificate of Travel, an applicant must normally satisfy the Home Office, with hard evidence, that they have been unreasonably refused a passport by the government of their country of origin.
There are some exceptions to this set out in official guidance , but by and large this is a tough test because very often it will be impossible to obtain travel documentation or evidence from the country of origin.
Even if a person manages to actually get their hands on a Certificate of Travel, due to the very small number of countries that actually allow holders to travel using them, they often prove largely useless. Is the number of people seeking asylum in the UK increasing? Which countries help the most refugees? How many Syrian refugees are there and how many is the UK helping?
Which countries in Europe have the most people seeking asylum? Can people seeking asylum work or claim benefits?
What happens to someone when they get refugee status? Why do people still need help here? Poverty Banned from working, people seeking asylum are forced to live below the poverty line. Waiting People are often left to wait for months or years for a decision on their claim.
Hatred We work with people who suffer horrific violence, attacks and racist abuse. Isolation Lack of access to English language lessons leaves many unable to integrate. Destitution Many people seeking safety are forced into housing that is crowded, damp and unsafe. How does Refugee Action help? Helped refugees to rebuild their lives in the UK.
Mobilised over , people to take campaign actions. Supported over 3, people to access housing and support. Provided training and support to over 90 organisations.
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