Asylum Claim Guide - Migrant Law Partnership How to Claim Asylum in the UK: Complete Self-Help Guide

Making an Asylum Claim in the UK: A Self-Help Guide

Important Notice

This guide provides general information about the asylum process in England and Wales. It is not legal advice and does not create a solicitor-client relationship. Immigration and asylum law is complex, and individual circumstances vary significantly. Professional legal advice is strongly recommended, particularly for complex cases.

Every asylum case is different. This guide explains the process and what you can expect, but cannot tell you whether your claim will succeed or provide advice on your specific situation.

Last updated: February 2026

What is Asylum?
Irregular Entry and Long-Term Consequences
How to Claim Asylum
What Happens Immediately After You Claim
The Substantive Asylum Interview
Waiting for the Decision
Understanding Your Decision
When You Must Get Legal Help
Where to Find Help and Resources

1. What is Asylum?

Do You Need Protection in the UK?

Asylum is protection given to people who cannot safely return to their own country. If you are outside your country and you fear serious harm if you go back, you may need protection in the UK.

If the UK grants you asylum, you are recognized as a refugee and given permission to stay, work, and rebuild your life in safety.

What is Persecution?

Not all harm amounts to persecution. Professor James Hathaway, in his authoritative work “The Law of Refugee Status,” defines persecution as sustained or systemic violation of basic human rights demonstrative of a failure of state protection.

In practical terms, persecution means:

Serious harm: The harm must be serious – not just discrimination or harassment, but threats to life, physical integrity, or fundamental freedoms
Sustained or systematic: Isolated incidents may not be persecution unless they are part of a pattern or demonstrate a serious risk of future harm
For a Convention reason: The persecution must be because of your race, religion, nationality, political opinion, or membership of a particular social group (not for purely personal or criminal reasons)
Lack of state protection: Crucially, there must be no effective protection available to you in your country

Examples of persecution include: targeted killings, torture, imprisonment without fair trial, forced marriage, female genital mutilation (when imposed for Convention reasons), enforced disappearance, or systematic discrimination that makes life intolerable.

General hardship, poverty, lack of economic opportunities, or living in a country with poor governance does not amount to persecution unless it is targeted at you for a Convention reason.

Why Are You Being Persecuted?

To qualify for asylum, the persecution you fear must be because of one (or more) of five specific reasons:

1. Race Persecution because of your racial or ethnic background. This includes discrimination, violence, or threats against you because of your ethnicity, skin color, or descent.

2. Religion Persecution because of your religious beliefs, or lack of religious beliefs. This includes being forced to follow a particular religion, being prevented from practicing your religion, or being targeted because you converted to a different religion or became atheist.

3. Nationality Persecution because you belong to a particular national group. This is often linked to ethnic conflicts or discrimination against minority groups within a country.

4. Political Opinion Persecution because of your political beliefs or opinions, or because you are perceived to hold certain political views. This includes being targeted for opposing the government, supporting opposition parties, or refusing to support the regime.

5. Membership of a Particular Social Group This covers persecution based on characteristics you share with others that cannot change or should not be required to change. This includes: – Gender – Sexual orientation (lesbian, gay, bisexual) – Gender identity (transgender) – Family membership (being targeted because of your family) – Victims of domestic violence or FGM (in certain circumstances) – Tribal or clan membership

Important: Persecution must be for one of these five reasons. You cannot get asylum just because: – You want a better life – Your country has economic problems – You are fleeing general crime or violence (unless it is targeted at you for one of the five reasons above) – You disagree with your country’s laws (unless you are persecuted for expressing that disagreement)

You must be able to explain clearly which of the five reasons applies to you and why you are targeted.

Three Critical Questions That Often Cause Claims to Fail

Many asylum claims fail because applicants do not understand or address three fundamental issues. These are straightforward legal concepts, but they are frequently overlooked:

1. Who is Persecuting You? (Non-State Agents)

You can claim asylum from persecution by non-state agents (private individuals, criminal gangs, terrorist groups, family members) as well as from government persecution. However, if the persecutor is not the government, you must show that:

The authorities in your country cannot protect you, OR
The authorities are unwilling to protect you, OR
It would not be reasonable to expect you to seek their protection

Common failure point: Many men in particular are shocked when their claims fail because they are fleeing gang violence, domestic disputes, or private threats, and the Home Office says “the police can protect you” or “you should have reported this to the authorities.”

You must explain in detail: – Why you cannot get protection from the police or authorities – Whether you tried to get protection and what happened – Whether the police are corrupt, ineffective, or unwilling to help people in your situation – Whether the persecutor has connections or influence that prevents protection

2. Can You Move Elsewhere in Your Country? (Internal Relocation)

Even if you face persecution in one part of your country, your claim may fail if the Home Office believes you could safely relocate to another part of your country.

You must show that internal relocation is not a reasonable option because: – The persecutor can find you anywhere in your country, OR – You would face the same persecution elsewhere in your country, OR – It would be unduly harsh to expect you to relocate (considering your personal circumstances, age, health, family ties, ability to support yourself)

Common failure point: “Why can’t you just move to another city?” is a question that sinks many claims. Simply saying you don’t want to move, or that life would be difficult elsewhere, is not enough.

You must show specific reasons why relocation is not safe or reasonable: – The persecutor has nationwide reach or connections – The persecution is based on a characteristic (race, religion, sexuality) that would follow you anywhere in the country – Moving would expose you to serious hardship beyond what any citizen might face (not just that life would be harder)

3. Can the Authorities Protect You? (State Protection)

Even if you face a real threat, your claim may fail if the Home Office believes your country’s authorities can and will protect you.

The test is not whether protection is perfect, but whether there is a “sufficiency of protection” – meaning: – There is an effective legal system in place – The authorities are willing to offer protection – Protection is accessible to you – The protection would be effective in practice

Common failure point: Many people assume that because their country has problems with corruption, or because the police are sometimes ineffective, this means there is no state protection. This is not enough.

You must show: – Why the general legal system cannot or will not protect you specifically – Why it would not be reasonable to expect you to seek protection (fear of authorities, past experience of authorities refusing help, evidence authorities are complicit) – That any protection available would not be effective in practice

Simply saying “the police are corrupt” or “the legal system doesn’t work properly” without specific evidence related to your situation is insufficient.

Why These Three Issues Matter

These three concepts – non-state persecution, internal relocation, and state protection – are interconnected and fundamental to refugee law. The Home Office will assess all three, and if they conclude: – The authorities can protect you, OR – You can safely relocate within your country

Then your claim will likely fail, even if you face a genuine threat.

You must address these issues directly in your asylum claim. Do not assume the Home Office will understand your situation without clear explanation.

Other Forms of Protection

Even if you don’t qualify as a refugee, you might qualify for:

Humanitarian Protection: If you face a real risk of serious harm in your country (death penalty, torture, inhuman treatment, or serious threat from armed conflict)
Discretionary Leave: In exceptional circumstances where return would breach your human rights

What Protection Means

If granted asylum or humanitarian protection, you get: – Permission to stay in the UK (initially 5 years for asylum, 30 months for humanitarian protection) – The right to work – Access to benefits and housing support – Travel documents (you cannot use your national passport) – The right to bring certain family members to join you – The ability to apply for settlement after 5 years

2. Irregular Entry and Long-Term Consequences

Can You Claim Asylum If You Entered Illegally?

Yes. You can claim asylum regardless of how you entered the UK. Arriving by small boat, in a lorry, with false documents, or without documents does not automatically disqualify you from asylum.

Article 31 of the Refugee Convention says refugees should not be penalized for illegal entry if they came directly from a place where their life or freedom was threatened and present themselves to authorities without delay.

Be Honest About Your Journey

You must be truthful about how you entered the UK and your journey here. Immigration officers will ask detailed questions about your route. Inconsistencies or lies about your journey can:

Damage your credibility on your entire asylum claim
Lead to your claim being refused even if you have a genuine fear of persecution
Create problems that surface years later

Long-Term Consequences for Settlement

This is crucial to understand: even if you are granted asylum, how you entered the UK may affect you years later when you apply for settlement (Indefinite Leave to Remain) or British citizenship.

Settlement applications include “suitability requirements” where the Home Office assesses your character and conduct. Issues that may arise include:

Deception in your original application: If you lied about your journey or used false documents, this can be raised against you 5-10 years later
Character requirements: The Home Office can consider your immigration history when deciding whether to grant settlement
Naturalization: When applying for British citizenship, you must show “good character” – your entire immigration history, including irregular entry and any deception, will be examined

Practical advice: Be completely honest about how you entered the UK from the start. The immediate consequences of truthfulness are usually manageable. The long-term consequences of deception can be severe.

What About “First Safe Country”?

You may be asked why you didn’t claim asylum in another country you passed through. While there is no legal requirement to claim asylum in the first safe country you reach, you should have an honest answer to this question. Common legitimate reasons include:

You have family members in the UK
You speak English but not the language of other countries you passed through
You have community connections in the UK
You were in the control of people smugglers and had no choice about your destination

3. How to Claim Asylum

When to Claim

You must claim asylum “as soon as reasonably practicable” after arriving in the UK. What this means depends on your circumstances, but generally:

If you arrive at a port or airport, claim immediately when you encounter immigration officials
If you entered illegally, claim as soon as you can safely contact the authorities
If you’re already in the UK on a visa and circumstances change, claim as soon as you realize you cannot safely return

Delays in claiming asylum can damage your credibility. You will be asked to explain any delay.

Where to Claim

At the border: If you arrive at a UK port or airport, tell the immigration officer you wish to claim asylum. You will be referred to an asylum screening unit.

If you’re already in the UK: You can claim asylum by: – Attending an Asylum Intake Unit in person (in Croydon or Liverpool) – Calling the asylum intake unit on 0808 801 0503 – If you’re being removed or detained, tell the immigration officer you wish to claim asylum immediately

What to Bring

Bring any documents you have that support your claim: – Your passport or national identity documents – Any evidence relating to your asylum claim (medical reports, police reports, newspaper articles, photos, etc.) – Evidence of your identity and nationality – Evidence of your journey to the UK (if you have any)

If you don’t have documents, you can still claim asylum. Many genuine refugees have no documents. However, you must explain why you don’t have them.

Can You Work While You Wait?

You cannot work immediately. You may apply for permission to work if your claim has been outstanding for 12 months or more through no fault of your own. If granted, you can only work in jobs on the Shortage Occupation List.

4. What Happens Immediately After You Claim

Screening Interview

When you first claim asylum, you’ll have a screening interview. This is not your main asylum interview – it’s an administrative process to:

Record your basic details
Take your photograph and fingerprints
Ask basic questions about your journey and why you’re claiming asylum
Check if another country should handle your claim (if you’ve claimed asylum elsewhere in Europe)

The screening interview is usually brief (30-60 minutes). You should: – Answer honestly – Give basic information but you don’t need to tell your full story yet – Ask for an interpreter if you need one – Tell them if you have any vulnerabilities (torture, trafficking, health problems)

You’ll be given an Application Registration Card (ARC) – keep this safe as it’s your proof of identity while your claim is considered.

Accommodation and Support

If you’re destitute, you may be offered: – Accommodation (usually outside London, you cannot choose where) – A cash allowance (currently around £49.18 per week per person)

This is called “Section 95 support” and is provided by the Home Office while your claim is considered. If you accept this accommodation, you must live there – you cannot work or access mainstream benefits.

Preparing for Your Substantive Interview

After screening, you’ll wait for your substantive asylum interview. This could be weeks or months away. Use this time to:

Find a legal representative if possible (see Section 9)
Gather evidence supporting your claim
Write down your full story with dates and details while it’s fresh in your memory
Get medical evidence if you’ve been tortured or seriously harmed
Contact any organizations that can help you (see Section 9)

5. The Substantive Asylum Interview

This is the most important part of your asylum claim. Everything depends on this interview.

What is the Substantive Interview?

The substantive interview is where you tell your full story to a Home Office caseworker. They will: – Ask detailed questions about why you left your country – Question you about your experiences of persecution or harm – Ask about your journey to the UK – Test your credibility and consistency – Ask about any documents or evidence you’ve provided

The interview is usually 2-4 hours but can be longer. It will be recorded.

You Must Have an Interpreter

If English is not your first language, you must have an interpreter. The Home Office will provide one. Tell them immediately if: – You cannot understand the interpreter – The interpreter is not speaking your language or dialect properly – You’re not comfortable with the interpreter (for example, if you fear they may be from the same background as your persecutors)

What Questions Will You Be Asked?

The caseworker will ask detailed questions including:

About you: – Your identity, nationality, family background – Your education, work history, political activities – Your religion or ethnic background – Any previous asylum claims in other countries

About your asylum claim: – Exactly what happened to you and when – Who harmed or threatened you and why – What you fear will happen if you return – Why you cannot relocate elsewhere in your country – Why the authorities in your country cannot or will not protect you

About your journey: – When and how you left your country – Your route to the UK – Why you came to the UK specifically – Why you didn’t claim asylum in other countries – Any delays in claiming asylum

Testing your credibility: – Detailed questions about dates, places, and people – Questions asking you to repeat parts of your story – Questions about any inconsistencies in your account – Questions about any documents (or lack of documents)

How to Approach the Interview

Be truthful: This cannot be emphasized enough. Lies or exaggerations will destroy your claim.

Be detailed: Give specific dates, names, places, and details. Vague answers harm your credibility.

Be consistent: Your account must be consistent with anything you said in the screening interview and any written statement you’ve provided.

Explain gaps or inconsistencies: If you can’t remember something, say so and explain why (trauma, time passed, etc.). If something you said before was wrong, correct it and explain the error.

Take your time: You can ask for breaks. You can ask for questions to be repeated or clarified.

Show emotion appropriately: It’s normal to be emotional when recounting traumatic events. But be aware that caseworkers are trained to assess whether your emotions seem genuine.

Mention everything relevant: Don’t assume the caseworker knows anything. Explain cultural or political context from your country. Mention all the reasons you fear return.

What Damages Credibility?

Your asylum claim will likely be refused if: – You lie or exaggerate – Your story is inconsistent – You cannot provide details about important events – You delay claiming asylum without good reason – You destroy your documents or lie about your identity/nationality – Your story is implausible or contradicts known facts about your country – You can safely relocate within your country – The authorities in your country can and will protect you

After the Interview

After your interview: – You may be given a chance to provide additional evidence – You may be asked to attend a further interview if there are issues to clarify – Your case will be decided by a different caseworker (not the person who interviewed you)

6. Waiting for the Decision

How Long Does It Take?

The Home Office aims to decide asylum claims within 6 months, but many take much longer – sometimes years. Delays are common, particularly for complex cases or cases requiring country information.

If your claim is clearly unfounded or you’re from a “safe” country, the decision may be made very quickly (within days or weeks) under the Detained Fast Track or Accelerated Detained Appeals processes.

What Can You Do While You Wait?

While waiting for your decision: – You must keep the Home Office informed of your address – You must report regularly if required to do so – You should continue gathering evidence to support your claim – You cannot work (unless you’ve been waiting 12+ months and get permission) – You cannot travel outside the UK – You should avoid any criminal activity – this will harm your claim

Can You Add Information?

Yes. If you remember something you forgot to mention, or you get new evidence, you should send it to the Home Office as soon as possible with your Home Office reference number.

7. Understanding Your Decision

You will receive a decision letter by post. Read it very carefully.

If You’re Granted Asylum

You’ll be given: – Refugee status for 5 years (or Humanitarian Protection for 30 months) – A Biometric Residence Permit (BRP) – Permission to work – Access to benefits and housing support – The right to travel (with a refugee travel document – do not use your national passport) – The right to apply to bring certain family members to join you – The ability to apply for settlement after 5 years

You must move out of asylum support accommodation within 28 days.

If You’re Refused

The refusal letter will explain why your claim was refused. Common reasons include:

Your account is not credible
You have not shown a well-founded fear of persecution
The persecution is not for a Convention reason
You can safely relocate within your country
The authorities in your country can protect you
You are excluded from refugee protection (for serious crimes)

You have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if your claim is refused. This is covered in our separate guide: “Asylum Appeals: A Self-Help Guide.”

Deadlines Are Critical

If you’re refused, you will have a deadline to appeal – usually 14 days if you’re in detention, or 14 days if served in person, or 14 days from deemed service if posted (usually 2 days after posting in the UK, 28 days if posted abroad).

Missing this deadline can be catastrophic. If you miss the deadline, you need a very good reason and permission from the tribunal to appeal late.

8. When You Must Get Legal Help

While this guide aims to help people without access to lawyers, there are situations where you must try to get legal representation:

You Absolutely Need a Lawyer If:

You have been a victim of torture: Medical evidence and expert presentation is essential
You have been trafficked: Trafficking cases are complex and require specialist knowledge
Your claim involves your sexual orientation or gender identity: These cases require sensitive handling and expert country evidence
You’re claiming based on FGM (Female Genital Mutilation): These cases have specific legal requirements
You have mental health problems: This affects how your evidence is assessed
You’re making a claim for your children: Children’s asylum claims require specialist knowledge
Your claim has complex legal issues: For example, Article 1F exclusion, internal relocation arguments, or sur place claims
You have been refused and are appealing: Appeals are legalistic and procedural – self-representation significantly reduces your chances of success

You Strongly Need a Lawyer If:

You have any criminal convictions
You previously claimed asylum in another country
You delayed claiming asylum for a significant period
Your country situation is complex or contested
Your credibility is likely to be seriously challenged
English is not your first language and your claim involves detailed factual or legal arguments

Why Legal Representation Matters

Statistics show that legally represented asylum seekers have significantly higher success rates than those representing themselves – sometimes 2-3 times higher. Lawyers:

Know how to present evidence effectively
Understand what the Home Office and tribunals are looking for
Can obtain expert evidence (medical reports, country experts)
Can spot legal arguments you might miss
Can challenge unfair decisions effectively

If you cannot afford a lawyer, see Section 9 for where to find free legal help.

9. Where to Find Help and Resources

Free Legal Help

Legal aid is available for asylum claims, but there are very few legal aid providers. To find one:

Law Society Find a Solicitor: lawsociety.org.uk/find-a-solicitor (filter by “Immigration – Asylum” and “Legal aid available”)
Asylum Support Appeals Project (ASAP): asaproject.org – Free legal help for asylum support appeals
Immigration Law Practitioners’ Association (ILPA): ilpa.org.uk – Directory of immigration lawyers

Be aware: Many legal aid providers have long waiting lists or are not taking new clients. Apply to multiple firms.

Information and Support Organisations

Right to Remain: righttoremain.org.uk – Excellent toolkit available in multiple languages – Practical guidance on the asylum process – This guide complements their toolkit – use both together

Refugee Council: refugeecouncil.org.uk – Support services for asylum seekers – Advice and casework in some areas – Practical help with accommodation and support issues

Refugee Action: refugee-action.org.uk – Support and advocacy for asylum seekers – Advice services in some areas

Freedom from Torture: freedomfromtorture.org – Specialist support for torture survivors – Medical evidence and reports – Therapeutic support

Helen Bamber Foundation: helenbamber.org – Support for survivors of trafficking and torture – Medical evidence

UK Lesbian and Gay Immigration Group (UKLGIG): uklgig.org.uk – Support for LGBT+ asylum seekers

Medical Evidence

If you have been tortured or seriously harmed, medical evidence can be crucial:

Freedom from Torture (above) – provides medico-legal reports
Helen Bamber Foundation (above)
Your GP – can provide medical evidence of physical or mental health conditions

Country Information

You may need evidence about conditions in your country:

UK Home Office Country Policy and Information Notes: Available on gov.uk
UNHCR Country Information: unhcr.org
Human Rights Watch: hrw.org
Amnesty International: amnesty.org.uk
Country-specific organizations: Many countries have diaspora organizations or human rights groups that can provide information

Emergency Help

If you’re destitute or homeless: – Asylum Support: Call 0808 801 0503 – Local refugee charities: Many areas have local charities that can provide emergency support – Shelter: england.shelter.org.uk – Housing advice

If you’re experiencing domestic violence or abuse in asylum accommodation: – Refugee Council’s asylum accommodation advice: refugeecouncil.org.uk – National Domestic Abuse Helpline: 0808 2000 247

Final Thoughts

The asylum process is difficult, stressful, and often takes a long time. Even with this guide, navigating it without a lawyer is extremely challenging.

Key principles to remember:

Be truthful in everything – lies will destroy your claim and create problems for years
Claim asylum as soon as you can – delays harm your credibility
Get legal help if at all possible – it significantly improves your chances
Use Right to Remain’s toolkit alongside this guide – they provide excellent detailed information
Keep copies of everything – every document, every letter, every piece of evidence
Meet all deadlines – missing a deadline can end your claim
Think long-term – decisions you make now can affect you for decades

This guide provides information about the asylum process. It cannot replace legal advice about your individual situation. Every case is different, and asylum law is complex and constantly changing.

If your asylum claim is refused, see our companion guide: “Asylum Appeals: A Self-Help Guide” which explains the tribunal appeal process.

About This Guide

This guide is provided by Migrant Law Partnership, a not-for-profit immigration law firm in London. We provide this information as a public service to help asylum seekers understand the process they face.

After 13 years of providing Legal Aid asylum representation, we no longer undertake Legal Aid asylum work. We do provide privately funded asylum representation for those who can afford our services. However, we recognize that the vast majority of asylum seekers cannot afford private legal fees, and we are acutely aware of the severe shortage of Legal Aid providers.

Legal aid is available for asylum claims from other firms – see Section 9 for how to find Legal Aid solicitors. We strongly encourage everyone to seek Legal Aid representation if at all possible.

This guide is intended to help those who genuinely cannot access legal representation due to the shortage of Legal Aid providers, while emphasizing that professional legal help significantly improves outcomes. We receive multiple enquiries every day from asylum seekers seeking Legal Aid that we cannot provide – this guide is our contribution to addressing the access to justice crisis.

For more information about our services, visit: migrantlawpartnership.com

Important: This guide is for information only and does not create a solicitor-client relationship. If you need legal advice about your specific case, you should consult a qualified immigration lawyer.

Feedback and Updates

Asylum law changes regularly. This guide was last updated in February 2026. While we aim to keep it current, you should check that the information is still accurate.

If you find errors or have suggestions for improvements, please contact us through our website. migrantlawpartnership.com