Asylum, International Protection and Human Rights

Who can apply for asylum in the UK?

A person can apply for asylum in the UK if they have a well‑founded fear of persecution (serious harm) for one of the recognised reasons listed in the Refugee Convention and which are set out below. This process is known as seeking asylum, and the initial application is referred to as an asylum claim. If the application is successful, the person is granted protection status and is usually recognised as a refugee under UK immigration law.

A person can claim asylum regardless of their current immigration status, however any delay in claiming asylum will be taken into account when the Home Office assess the claim. It is not possible to apply for asylum from outside the UK.

It is important to understand some key terms before exploring the area of international protection:

• Asylum seeker: An asylum seeker in the UK is someone who has made an application for asylum in the UK and is awaiting a decision on their application. 
• Refugee Convention: This is an international legal framework which sets out the criteria for which a person should be recognised as a refugee.  Only someone who meets the requirements of the Refugee Convention and the UK Immigration Rules will be granted refugee status in the UK. The UK is unable to remove someone from the UK if it would breach their obligations under the Refugee Convention.

To seek asylum in the UK and be granted refugee status, a person must be at risk because of one of the grounds set out in the Refugee Convention (known as Convention grounds). This means that someone must face a well-founded fear of persecution because of their:

1. Race
2. Religion
3. Nationality
4. Membership of a particular social group
5. Political belief

Additionally, a person must be unable to obtain protection from the authorities of their country of nationality or origin because it is unavailable or, owing to their fear, they are unwilling to seek protection from them. They must also be unable to relocate within their country, for example, to a different city, to get away from the risk of harm.

A person may be excluded from protection if they have committed certain acts or serious crimes. 

How do I claim asylum? Process for initial claims

The process for claiming asylum is very different to other immigration applications. There is no specific application. Instead, you must present in person at the border or contact the Asylum Intake Unit at the Home Office to register your intention to claim asylum. You can claim asylum at any point, although the Home Office expect a person to claim asylum as soon as possible and without delay.

After you claim asylum, you will be invited to attend an initial screening interview. In the screening interview, the Home Office will record your details, information about your travel to the UK and the reasons you are claiming asylum. They will also capture your biometric data (fingerprints and a digital photograph).  The Home Office will give you paperwork. You should be given a Statement of Additional Grounds, which you will need to return setting out all reasons, other than asylum, that you wish to remain in the UK. You may also be sent a preliminary questionnaire to complete asking for further information about your claim.

The next step is a substantive interview, which is a more detailed interview, and is the main opportunity for you to explain why you fear persecution. The substantive interview is very important, and the Home Office will consider in detail the answers you provide when they make the decision. The Home Office will also consider any discrepancies and/or differences between what you said in the screening and substantive interviews. If you have any evidence to support your claim you should provide this before or at the substantive interview.

What if my asylum claim is successful?

If your claim is successful, you will be granted protection status either in the form of refugee status or humanitarian protection.

Refugee Status and Humanitarian Protection are forms of international protection given to someone who is accepted as being at risk of harm in their country of origin. The Home Office will first consider if someone meets the requirements for refugee status and, if not, whether they should be granted humanitarian protection. Ordinarily refugee status is considered first as it can afford an individual with more benefits than humanitarian protection. 

• Refugee status: A refugee is someone whose asylum claim has been accepted and is recognised as meeting the requirements of the Refugee Convention. An asylum seeker will become a refugee if the Home Office grant them refugee status.
• Humanitarian protection: This is granted where the Home Office accepts a person faces a real risk of suffering serious harm and that they are unable or unwilling to return to their country of origin because of that risk, but do not accept that the risk is due to one of the grounds in the Refugee Convention. An example of a situation where humanitarian protection may be granted is where a person is fleeing a war zone due to fear of indiscriminate violence, and the Home Office agrees that returning the person to that country would lead to a risk of serious harm. 

Both refugee status and humanitarian protection offer similar rights in the UK, but there are important differences between them, such as the type of travel document you can obtain. It is therefore essential that your application is assessed correctly.

How long is protection granted for?

From 2 March 2026, the length of leave granted to successful asylum applicants was reduced from five years to 30 months. This means that anyone who claims asylum or makes further submissions on or after this date will only be granted refugee leave for 30 months only. They will need to apply to renew (or extend) their protection status before it expires. 

This change does not affect people who applied for asylum or made further submissions before 2 March 2026. If you applied before the 2 March 2026, you will still be granted permission to stay on a Protection route for five years.  

Currently those on the five-year route, will be able to apply for indefinite leave to remain at the end of the five-year period. However, this is currently subject to review.

What if my asylum application is refused? 

Appeals

If the Home Office decides that you do not qualify for refugee status or humanitarian protection, your asylum application will be refused.

In most cases, you will have a right of appeal against the refusal of a protection claim. You can read about Appeals and Challenges. However, if your claim is certified as ‘clearly unfounded’ this would prevent you from appealing the decision from within the UK. The only challenge to a certification decision, is by a process called judicial review. 

Human Rights grounds 

Before refusing an asylum application, the Home Office should consider all submissions, including all your reasons for remaining in the UK and assess whether a grant of leave or permission under another part of the Immigration Rules is appropriate. 

It is possible, for example, that while you do not qualify for refugee status, the Home Office accepts that the evidence shows that you should be granted permission to remain in the UK on human rights grounds, in accordance with the European Convention on Human Rights (ECHR)

For example, you may have developed a private or family life in the UK (which is protected by Article 8 ECHR). This could be relevant if you have lived in the UK for a long period of time or have developed close family relationships here. There are specific provisions in the Immigration Rules which set out when you should be allowed to stay on the basis of family or private life, and the Home Office must also consider if there are exceptional circumstances that apply beyond those requirements. 

Another ground which the Home Office may consider, and which often overlaps with asylum claims, is whether you need to remain in the UK for medical reasons and whether any decision to refuse your application and return you to your country of origin would amount to cruel, degrading or inhumane treatment (contrary to Article 3 ECHR). Medical cases require significant evidence and the legal test to be met to be granted permission to stay is very high.

It is therefore very important that your initial asylum application includes all the reasons why you need to remain in the UK and that you provide evidence to support this. If you do not raise all the reasons why you wish you remain, you risk them not being considered.

Making Fresh claims: further submissions

If your asylum claim has been refused, you can make further submissions to the Home Office. Your initial asylum claim must have been refused or withdrawn and appeal rights exhausted before you present further submissions.

For the Home Office to accept that you have made a fresh asylum claim, the evidence or arguments you provide, must be significantly different from the initial claim. This means that the submissions must not have been considered before and that the new submissions must give the claim a realistic prospect of success. You will, for example, need to provide new evidence that was not available when your case was previously decided by the Home Office or Judge, or show that that there has been a change in circumstances in the country which means that you cannot safely return.

If the Home Office accept that you have made a fresh asylum claim and that you are at risk, you will be granted protection in the UK. If they accept the evidence is new and that you meet the fresh claim test, but still do not accept you are at risk, you will normally be given a right of appeal. If the Home Office do not accept the submissions are significantly different, or that it creates a realistic prospect of success, you will not be given a right of appeal against the refusal. 

What is Family Reunion? 

Family Reunion was a route for people granted refugee status or humanitarian protection to sponsor their immediate ‘pre-flight’ family members to join them in the UK. This route was designed only for those who formed part of the family unit of the refugee sponsor before the sponsor fled the country (termed as ‘pre-flight family’).

The route was suspended for new applications in September 2025 and is currently under review. Although the route is suspended in the meantime, family members can still apply through the other existing family members routes under the Immigration Rules. Read about UK family visa routes.

There are some key differences you should be aware of: 

• Cost: Unlike Family Reunion, the standard family visas attract application fees and the Immigration Health Surcharge. However, fee waivers may be available if you can show that you are unable to afford the fees or the surcharge.
  
• More requirements: The standard family visa routes have more eligibility requirements, that did not apply to Family Reunion cases, including financial, accommodation and English language requirements. They can become complex depending on your circumstances. If you cannot meet the requirements you will need to explain this and set out why the application should be granted based on exceptional circumstances and your family’s human rights.

Applications on family routes are complex and we recommend you seek legal advice or support before applying.  

Legal support for your asylum or Humanitarian Protection claim

Asylum claims are complex and it is important to obtain legal advice to support your asylum or protection claim. Asylum remains one of the few areas in which you may be entitled to legal aid which provides free legal support to you depending on your financial circumstances. Read more about Civil Legal Aid.