Claiming Asylum in the UK An ‘asylum seeker’ is a term given to an individual who, is looking to make or, has made a claim for asylum in the UK but has not yet received a decision on their claim. Once a person is granted asylum in the UK they are known as a ‘refugee’.

1. Claiming Asylum in the UK
An ‘asylum seeker’ is a term given to an individual who, is looking to make or,
has made a claim for asylum in the UK but has not yet received a decision on
their claim. Once a person is granted asylum in the UK they are known as a
‘refugee’.
At Kamran & Co Solicitors we understand that claiming asylum in the UK is often a
long and emotionally taxing journey. Therefore, our immigration experts are here
to assist you with your asylum claim, making it as simple and stress-free as possible.
Our legal professionals at Kamran & Co Solicitors are highly experienced in asylum
work and they pride themselves on having reached numerous successful outcomes
for our valued clients. We guarantee a safe and confidential legal environment in
which you can discuss your asylum case. Contact Kamran & Co Solicitors today for
a no obligation consultation regarding your immigration matter.
What are the requirements for an asylum claim?
You must evidence that you have a “genuine and well-founded” fear of
persecution in your own country. Persecution in its simplest form means serious
mistreatment and it can commonly be inflicted by the government, official
authorities, police forces and gangs, amongst others. Your fear of persecution
must result from your [imputed] affiliation to one or more of the following
‘convention reasons’:
 Race
o Certain countries have higher authorities that favour the race most
predominant in their own country. Therefore, migrants are not
looked upon kindly and can be subject to torture.
 Religion
o Individuals are often targeted for practicing their religious beliefs,
or they may be falsely labeled as a certain religion and then face
mistreatment on the basis of that assumption.
 Nationality

2. o It is not uncommon for individuals to face hostility based on their
nationality where they have migrated from another country or
where their birth country is different to the country they live in.
 Political opinion
o It may be that an individual openly supported a particular
Government or political party in their own country and as a result,
they faced abuse.
 Membership of a social group
o The most common reasons for persecution under this convention
reason are that an individual’s gender identity and/or sexual
orientation were not accepted in the country they escaped.
Further, you are required to prove that you tried to obtain protection from the
Government in your own country but you were rejected any such protection.
Additionally, you must be outside of your own country i.e. the country where you
used to live and are now fleeing.
You must meet all of the above requirements in order to qualify as a refugee.
This can be very difficult to establish, especially where you were forced to leave
your own country in sudden and dangerous circumstances. Furthermore, the
Home Office can deny your asylum claim where you have entered the UK
through a safe third country.
We recommend that you seek legal assistance for your asylum matter at the
earliest possible opportunity due to the sensitive and complex nature of this area of
immigration law.
How to make an asylum claim in the UK?
1. Timing of claim
It is best to make your asylum claim upon entering the UK for example, at a port
of entry. You must inform a Border Force officer that you intend to make a claim
for asylum in the UK and you will then be directed to a screening interview.
Where you fail to claim asylum at the first available opportunity, the Home Office

3. will have grounds to later refuse your asylum claim on the basis that you are not
in real danger of persecution in your own country.
Nonetheless, you are entitled to make an asylum claim after you have entered
the UK. This can be done by contacting the Home Office and arranging a
screening interview at the Asylum Screening Unit.
2. Screening interview
During the screening interview, an immigration officer will ask you a range of
questions about your intention to make an asylum claim in the UK. In addition to
this, you will be asked about your medical needs, immigration status and
background details. Further, you may need to provide your passport, birth
certificate or other documentary proof during the screening interview. The
immigration officer will also take your biometric information i.e. photograph and
fingerprints. The questions will not be extensive, as this interview is merely an
insight into your reasoning for an asylum claim in the UK and you will be asked
to attend a substantive interview if required.
3. Substantive interview
A substantive interview allows you to provide evidence in regard your asylum
claim. The Home Office will ask you about the persecution that you endured in
your own country, in detail. You can expect to be queried on the smallest of
details as the Home Office tries to gage the convention reason/s behind your
asylum claim and whether or not you sought protection from officials in your
own country. The interview will be lengthy and therefore, you can request
breaks or clarification when required. You are entitled to bring a legal
representative and/or interpreter with you for the entirety of the interview.
4. After the substantive interview
After the substantive interview, you and your legal representative will have 5
working days to check the interview transcript and subsequently, correct any
errors that may have been made or to make clarifications. You are also permitted
to submit new evidence that may support your asylum claim.

4. What are the potential outcomes for an asylum claim?
If you receive a positive decision, you
will be granted either:
 Refugee status
 Humanitarian protection
 Alternative leave to remain i.e.
discretionary or restricted leave
 If you are granted refugee
status, you can stay in the UK
for 5 years, with the right to
work, whilst accessing public
benefits and housing. You will
be issued with a BRP. If you
wish to travel, you shall be
required to apply for a travel
document.
 Humanitarian protection is
largely the same as refugee
status. However, you will not be
entitled to apply for a Refugee
Convention travel document.
If you receive a negative decision, it
does not necessarily mean that you will
be detained or deported. You might be
able to:
 Appeal the decision
 Submit a judicial review
 Proceed to the Upper Tribunal
 Make a fresh claim (where your
appeal rights become
exhausted)
 If you decide to appeal the
decision at a First-Tier Tribunal,
you must do so within 14 days
from the date of the decision. If
you succeed, you will be granted
refugee status or another form
of leave unless the Home Office
appeals the outcome.
 If your refusal decision from the
Home Office does not contain a
right of appeal, you can bring a
judicial review of the decision.

5. Contact Kamran & Co Solicitors today to enquire about the Family Reunion
Programme, travel documents and ILR as a refugee. Further, please note that there
are multiple stages and possibilities to opting for an appeal; therefore, expert legal
advice and assistance is of the essence.
What is the asylum process for child asylum seekers?
Where a child is a dependent of an adult asylum seeker i.e. their parent/s, they
can claim asylum with their parents. Children under the age of 12 will not be
required to attend an interview and their parents will liaise with the Home Office
on their behalf.
However, unaccompanied children can seek asylum at an entry port in the same
manner that an adult would. An unaccompanied child will be eligible for Legal
Aid and hence, will be provided with the requisite legal representative for their
interview. Children under the age of 12 are not likely to be required to attend an
interview. An unaccompanied child seeking asylum will go through the following
process:
 Attend a welfare interview
 Attend a substantive interview (if over the age of 12)
 Home Office reaches a decision
 If refused asylum, it does not always equate to deportation or detainment
– usually will receive UASC leave
 If refused, can appeal the decision
How long does it take to reach a decision on an asylum claim?
Asylum claims are currently taking 6 months to process. However, it may take
longer where you lack supporting evidence or have a complicated claim.
Kamran & Co Solicitors are experienced in asylum law and therefore, you can
contact us regardless of what stage you are at in your asylum matter. We are here
to provide you with expert advice whether you wish to initiate an asylum claim,
appeal a decision or submit a fresh claim. Contact us at Kamran & Co Solicitors
today to discuss your asylum case with our immigration experts.