Asylum and refugees

In June 2023, the Government made an announcement that it would no longer differentiate between refugees. Differentiation was introduced by a new law in 2022. It meant that some people could be treated more, or less, favourably in their asylum claims. 

Since 28 June 2022, people seeking asylum have been separated into ‘Group 1’ or ‘Group 2’ for their asylum claims. People in ‘Group 2’ would have had less favourable treatment. For example, people with successful asylum claims would be provided different rights as refugees. ‘Group 2’ refugees may have had restricted rights to be reunited with their family members.

They may also have been prevented access to claim financial support which is normally available to people with no income (known as ‘public funds’).

Now, the Home Office will contact people seeking asylum who are in ‘Group 2’ to tell them that they will no longer be in this group. They will be given the same rights as other refugees and people seeking asylum. These rights and entitlements are explained in more detail later in this section.

You may wish to speak to a lawyer before you claim asylum, if you are not sure of your options or you are already in the UK. Find a free and qualified immigration lawyer. Simply add your location and select ‘Immigration or asylum’.

Legal aid is available for those who cannot pay for legal advice for their asylum claim.

A claim for asylum is made to the UK Home Office. To arrange an appointment, contact the Home Office asylum intake unit:

• Telephone: 0300 123 4193
• Monday to Thursday: 9am to 4:45pm
• Friday: 9am to 4:30pm

During the call, you have the right to request an interpreter at your appointment.

If you are homeless, you can visit the Home Office (Lunar House, 40 Wellesley Road, Croydon CR9 2BY) without making an appointment. You can explain that you wish to claim asylum and that you are homeless and you need accommodation.

Children and young people can read this step-by-step guide about applying for asylum as a young person. It has been created by an organisation called Right to Remain.

You will be given an appointment, also known as a screening interview, at the screening unit, which is usually at Lunar House, 40 Wellesley Road, Croydon CR9 2BY.

You should attend your appointment with any dependants who are claiming asylum with you – for example, your partner or children. You should all take any identity documents you have, including your passport. The Home Office is likely to keep your passport while your asylum claim is ongoing.

During this appointment, your claim will be registered. Your photograph and fingerprints will be taken. You will be given various documents, including one granting you immigration bail.

During your appointment you will have a brief interview. An interpreter will be provided if you requested one when you made the appointment. You will not be asked to go into detail about your claim, but you will be expected to raise the main issues that are relevant to your fears. It is important you mention your key concerns and fears at this stage. If you do not, then this could be held against you if you raise them later in the asylum process. At the end of the interview, you may be given a written record of your interview. 

You will also be asked about how you travelled to the UK. If the Home Office think you have travelled through or have a connection to what they consider to be a ‘safe country’, they may consider whether to treat your claim as ‘inadmissible’. The Home Office will issue a ‘Notice of Intent’ letter and pause any asylum claim they are considering inadmissible until they make a final decision. It is important that you get legal advice if you receive a Notice of Intent. 

A new law came into force in the UK on 20 July 2023, called the Illegal Migration Act. Most of the sections of the law are not in force at the time of writing, but it is likely to affect your eligibility to have your asylum claim considered in the UK if you arrived in the UK after 20 July 2023, without a visa and passed through what the Home Office consider to be a ‘safe country’ on your way to the UK. For more information about this law you can visit Refugee Council’s website.

If your claim is processed, an Asylum Registration Card (ARC) will either be given to you during the appointment or posted to you shortly afterwards. This is your identity document, which you should keep with you in case you are stopped by the police. Please note that it does not give you permission to work.

You may also be sent a form called a Preliminary Information Questionnaire (PIQ). You must complete it and return it to the Home Office by the stated deadline.

It is strongly encouraged that you seek immigration advice before you return your completed PIQ, if you do not have this already. Find an immigration lawyer.

This video by Right to Remain explains the screening interview process.

At some point after returning your Preliminary Information Questionnaire (PIQ), you will be invited to attend another interview: this is known as the main or substantive asylum interview. If you do not attend this appointment your claim is likely to be refused.

During this interview the Home Office will provide an interpreter if you have previously requested one. You will be asked to explain in detail all of your fears and experiences that impact your case. This is your opportunity to explain your version of your experiences and fears. You should try to be as open as possible; it is important that you do not lie or withhold information. You will be given an opportunity at the end of the interview to explain anything that has been missed. If you have not been asked about something that you feel is important, you should raise this.

Right to Remain have prepared a guide covering what to expect and how to prepare for your substantive interview.

This video explains the asylum substantive interview process. 

You will be given a decision on your application after the interview – this usually takes several weeks but can take several months. This video by Right to Remain explains the current delays people are experiencing with their asylum and immigration cases, and what you can do.

As a person seeking asylum you are not allowed to work except in limited circumstances . You are also not allowed to claim state benefits, such as Universal Credit. Benefits are a type of financial support for people in the UK who have limited or no income in the UK.

You may be able to get asylum support. This is also known as section 95 support, which provides a place to live and money every week (currently £40.85).

If you need accommodation or financial support, but you did not ask for this during your first appointment to claim asylum, you can contact Migrant Help to apply for asylum support. The phone number is 0808 8010 503.

For more information on asylum support, see our page on ‘asylum accommodation and support’. You can also find more information on the Asylum Support Appeals Project factsheets.

If you have nowhere to live and no money, the Refugee Council provides a destitution service in London.

The Refugee Council can also provide therapeutic services for asylum-seekers. See their individual pages for men and women.

Other sources of support for asylum-seekers include:

• British Red Cross
• South London Refugee Association
• Refugee Action.

If your asylum application is successful, you will be considered a refugee. Your grant of refugee status should be sent to you, and you will be given temporary immigration status (known as ‘leave to remain’) for a period of up to 5 years.

You will have the right to work and study. You will have the right to rent property. You will have access to financial support from the government (called ‘public funds’), which is available for people who have limited or no income in the UK. You will have the right to reunite with your immediate family so they can join you in the UK.

While this is a positive outcome, it can also create stress and confusion as many things will change – including your accommodation and support. If you are in this situation, you can contact the Refugee Council for support after receiving a positive asylum decision.

You should make sure you understand your refugee status, the length of the status, and what you will need to do before it expires. Please ensure you discuss your refugee status with your lawyer, if you have one, before your lawyer closes your case. A summary of rights and entitlements is also below.

Humanitarian Protection

You may be granted a different type of status if the Home Office does not accept that you are a refugee, but it accepts that it is too dangerous for you to return to your country of origin. This type of leave is called humanitarian protection.

If your application is successful, you will be granted leave to remain for 5 years if you are given this type of status. You will have the right to work, study, rent property, and access some public funds.

Refugees can apply for a permanent status towards the end of their 5-year leave to remain. Permanent status is also referred to as settlement or indefinite leave to remain.

Important: You must submit any further immigration applications before your current status ends. These applications are free. You will need to show that you still need protection from the UK government. This means you will need to explain – with evidence, if you can get this – why you would face problems in your home country if you returned there.

If the situation has changed and it might be safe for you to return, this might impact the outcome of your further applications. Also, if you have a criminal record from your time in the UK, this may impact the application outcome. In these cases, we recommend you speak to a lawyer before you apply for leave to remain, but make sure you seek advice early so your leave does not expire.

If your application was successful, you will have the right to reunite with your immediate family so they can join you in the UK. You will be able to apply for your pre-existing partner and children under 18 to join you in the UK.

There may be people that you consider part of your family household who are not your pre-existing family members. They will only be able to join you in the UK if they can prove that their human rights will be breached if they are not able to.

Family reunion is generally a straightforward process so long as you can prove that they are your family members. It may be possible to get free legal advice to help you be reunited with your family. You can find a refugee service on the British Red Cross website. 

The Red Cross also supports people to find missing family.

If the Home Office has refused your asylum claim, this will usually have a ‘right of appeal’. This will be stated in your decision letter from the Home Office. This means you can challenge the Home Office’s decision in front of an independent judge. These cases are heard in the First-tier Tribunal (Immigration and Asylum Chamber).

However, some asylum claims do not have a ‘right of appeal’ if they are refused. Check your decision letter from the Home Office carefully. This could happen if the Home Office has declared your asylum claim is ‘inadmissible’, or it has been certified as ‘clearly unfounded’. If you are in this situation, you may be able to get legal aid, and it is recommended that you seek advice from a qualified immigration lawyer. Find a local legal aid lawyer.

If you have a ‘right of appeal’, you will only have 14 days to submit your appeal to the tribunal. This time starts from the date on which the Home Office sends you the letter.

This date is sometimes different from the date of the letter. You should check if the Home Office has given you a ‘date of service’, usually stated at the end of the letter. If provided, you should count 14 days from this ‘date of service’. If not, check the dated postmark on your envelope and count from this date. You should keep this envelope as evidence of when the Home Office sent you the decision.

You should seek legal advice to assist you with any appeal, but it is important that you do not miss your deadline for appealing. If you challenge a Home Office decision after more than 14 days, your case may not be heard in the tribunal if you do not have a good reason for missing the deadline. This means you may have to start the Home Office application process again in a potentially weaker situation.

Legal aid may be available for you. You can also find a local immigration lawyer via the Law Society or Immigration Law Practitioners’ Association.

For information on your rights or options following an unsuccessful asylum claim, see our pages on Insecure or unclear immigration status and Unsuccessful applications, appeals and other challenges. These pages include links to further information.

Immigration lawyers can have different job titles. You may meet an immigration advisor, a solicitor, a paralegal, a trainee, or caseworker. This is not a problem as long as your representative is regulated.

All immigration advisors must be regulated to give immigration advice. They must have the right training and qualifications. Their name must be on an official list of advisors. They should be able to show you proof of this. You can check your lawyer's name on the OISC register or the SRA register.

When you meet an immigration advisory for the first time, they should explain:

• Who they are
• What they can and cannot do for you
• Whether they charge fees and how much they are.

If you cannot pay for legal advice, then you may be able to get legal aid. This is available for most asylum and protection claims. You can find a legal aid lawyer on gov.uk.

Lawyers are independent from the Home Office and they should work in your best interests. A good lawyer must be able to support you by:

• Keeping your information safe and confidential – this means none of the information you share will be given to anyone outside of their organisation, without your permission
• Responding to your messages within a reasonable time (about a week) – you should understand reasons for a delay
• Explaining the next steps in your case. If you do not know what you are waiting for, or what will happen next, you should contact your lawyer who can then clarify things for you.

It is important that you give the lawyer as much information as possible about your situation so that they can give you the best possible advice.

If you have concerns about what your lawyer is doing for you, you should discuss this with them. If your concerns continue, you can make a complaint. The complaints procedure should have been set out clearly in your initial advice letter (often called a “client care letter”).

For information about lawyers and legal advice, visit the Right to Remain website.