Understand Your Rights and the Process for Seeking Protection

Claiming asylum is a fundamental human right recognized by the United Nations Refugee Convention. In the UK, asylum is defined and protected under The Refugee Convention of 1951. A refugee is someone who is unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

Am I Eligible for Asylum?

To be eligible for asylum in the UK, you must demonstrate that:

• You face a genuine fear of persecution in your home country.
• The persecution is based on one of the following:
  
  • Race, Religion, Nationality, Political Opinion
  • Gender, Gender Identity, Sexual Orientation
  • Social or political issues in your country that threaten your safety.
• You have exhausted efforts to seek protection in your home country, and the government or organizations failed to offer safety.

How to Claim Asylum in the UK

You can claim asylum:

• Upon arrival in the UK or when you feel unsafe returning to your home country.
• Inform an immigration officer at Border Control if you’re claiming asylum at the point of entry.
• If you’re already in the UK, you must notify the Home Office of your intention and attend a screening interview.

The Screening Interview: What to Expect

The screening interview typically happens within 5 days of your arrival in the UK and is used to:

• Establish your identity
• Assess initial eligibility for asylum.

During this interview, you’ll be asked about your reasons for seeking asylum and circumstances in your home country. The focus is not on in-depth details but rather identifying your eligibility for a substantive asylum claim.

Substantive Asylum Interview: Your Opportunity to Share Your Story

If eligible, you’ll proceed to a substantive asylum interview, which is a key part of your application. This interview:

• Gives you a chance to explain why you’re seeking asylum.
• Could last 4-6 hours.
• Allows you to provide evidence and documents supporting your claim.
• Will be recorded, so ensure to request a copy of the recording and transcript.

Can I Bring My Family with My Asylum Claim?

In some cases, you can apply for family members to join you during your asylum process. However, your claim must meet certain criteria to allow for this.

What Happens After the Asylum Interview?

After your substantive interview, a decision will be made within 6 months. During this time, you cannot work until a decision is reached.

If My Asylum Claim Is Refused

In case of a refusal, you may:

• Appeal the decision to a First-Tier Tribunal (if granted the right to appeal).
• If no appeal is granted, you may apply for Judicial Review.

Please note, since January 2021, if you’ve traveled through another country where you could have sought asylum, your claim may be inadmissible under new rules following the UK’s exit from the EU.

Get Expert Legal Assistance for Your Asylum Claim

At MSD Solicitors, our expert team of immigration lawyers is dedicated to guiding you through every step of the asylum process. We:

• Provide personalized legal advice tailored to your unique situation.
• Offer support in preparing evidence and documentation.
• Ensure that you understand every aspect of your claim.

📞 Contact us today for a free consultation and get the legal assistance you need to pursue your asylum claim confidently.