Claiming asylum in the UK – What you need to know

This is for information only. It is not immigration advice.

last update: November 2010

When you get to the UK, you will either claim asylum or choose to live ‘illegally’.

Should I claim asylum?

You will have a strong case for asylum if you can show that either:

You are afraid of violence, torture, harassment or discrimination because of your religion, race, nationality, political opinion or membership of a social group, and you cannot find safety anywhere in your country.
Or, if this does not work, you can challenge your deportation if you have close family (for example, husband, wife or children) in the UK and the courts believe that it would be an abuse of your human rights to deport you.

If you have been fingerprinted in another European country, you may be sent back there, and they will  decide whether to let you stay there. You may, however, be able to challenge this because you believe that your  human rights will be abused. It is important that you get a lawyer to advise you on this if the government tries to send you back there. This may not be a problem if you are under 18, or you have close family in the UK. (see: Dublin II and Dublin II in UK)

If you decide NOT to claim asylum:

Many people are in the UK illegally because they have not told the government they are in the country.
 If you decide to do this and the police catch you, you may be held in a detention centre and deported. If you work and the government finds out about it, you may be sent back to your country.
 However (unless the law changes), if you stay in the  UK illegally for 14 years, you may be able to ask for 'settlement'. This means you can work legally or get money from the government to help support you. You may need to show evidence of the date that you arrived in England for this.

If you want to claim asylum:

It is very important that you claim asylum as soon as possible – if possible, when you arrive at the port.  
You may be detained in an detention centre, at least at the start.
If you really cannot ask for asylum when you arrive, you should claim as soon as possible in Croydon (near London). Until then, you are at risk of being put in a detention centre and deported.
If you take a long time to ask for asylum, you must show that you have a good reason for waiting.

What might happen to you if you ask for asylum:

You will be asked questions to find out if you came through another European country first. If the government decides that you have been through another European country, you may be sent back there. They will have records of the countries where your fingerprints have been taken.

You are allowed to contact a friend, family or a lawyer. You can get legal information for free.
This is very important. Ask for get a copy of the interview record after this meeting and other meetings with the Home Office (government).

They will take your photo and fingerprints and give you an identity card which you should try not to lose. You may then be released on bail or 'temporary admission'.

Soon after this, you will be asked to go to another important interview, where you will have to show the government that you should be given asylum. If you have any more evidence to show that you would be in danger in your country, you should show it now.

IMPORTANT:

It is very important not to change your answers in your interview, even if the questions do not seem important. They might ask you the same questions again and again. Try not to change your story, otherwise they may say that you are not telling the truth, and this is a reason not to give you asylum.
 You should be given an interpreter.  It is important to use an interpreter if you cannot understand English very well. If you answer a question incorrectly because you have not understood, the government may say that you have lied.
 It is extremely important to go to meetings when you are asked to. You should also tell the government immediately if you want to change house. If you do not do these things it will be an excuse to put you in a detention centre.

You may be held in a detention centre for other reasons, for example, the government sometimes keeps refugees in detention centres while they make a decision on their case. If this happens, it does not necessarily mean that you will be deported.
If you are detained in a detention centre, you may have to stay there for a number of months. You should not be kept there if you have been been tortured, or if you are ill, you are pregnant, or you are under age.