How to Claim Asylum in the UK (2026 Guide)

The UK asylum system exists to provide protection to individuals who are unable to return to their home country because they face persecution or serious harm. At the same time, it operates within a tightly defined legal framework that sets strict criteria for who qualifies, how claims are assessed and what happens if a claim is refused.

In recent years, UK asylum law has undergone significant legislative and policy reform. The Immigration Rules (including Part 11) and wider statutory changes have shaped how claims are assessed, including rules on inadmissibility, credibility and removals. For context on the policy direction and recent change, see UK asylum reforms.

Asylum is not a visa route. It is a protection mechanism grounded in the 1951 Refugee Convention and the principle of non-refoulement, which prohibits returning someone to a country where they face persecution or serious harm. Whether a person qualifies depends on detailed legal tests, evidence and credibility assessment. The process can be complex, lengthy and highly fact-sensitive. UK enforcement and compliance oversight sits within the remit of UKVI, and asylum decisions frequently engage wider principles of UK immigration law and procedure.

What this article is about

This guide explains how the UK asylum process works in 2026. It covers who qualifies for asylum, how to apply, what happens at screening and substantive interviews, how decisions are made, what rights and restrictions apply while waiting and what options exist if a claim is refused. It also explains the difference between refugee status and humanitarian protection, the role of safe third country rules and inadmissibility decisions, and the legal responsibilities placed on applicants.

The aim is to provide a clear and legally accurate overview of the asylum framework so readers understand the structure of the process before making or progressing a claim.

Section A: What Is Asylum Under UK Law?

The starting point for any asylum claim is understanding what asylum means in legal terms. In the UK, asylum is not granted on compassionate grounds alone. It is awarded where a person meets a defined international legal test and satisfies the Home Office that they qualify for protection under the Refugee Convention or related protection frameworks. The decision is evidence-based and focused on risk, credibility and legal definition.

1. What does ‘asylum’ mean in the UK?

In UK law, asylum refers to protection granted to a person who meets the definition of a refugee under the 1951 Refugee Convention.

To qualify, an applicant must demonstrate:

• A well-founded fear of persecution
• In their country of nationality (or former habitual residence if stateless)
• For one of five Convention reasons:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership of a particular social group

Persecution must involve serious harm, such as violence, imprisonment, torture or other treatment sufficiently severe to breach fundamental human rights. The threat may come from the state or from non-state actors if the state is unwilling or unable to provide protection.

The applicant must also show that they cannot safely relocate within their home country to avoid the risk. This is known as the internal relocation principle.

If these elements are satisfied, the UK may grant refugee status.

2. Asylum seeker vs refugee status

An asylum seeker is a person who has made a claim for protection and is awaiting a decision.

A refugee, in UK legal terms, is a person whose asylum claim has been accepted and who has been formally recognised as meeting the Refugee Convention definition. The sequence matters. A person does not “arrive as a refugee” in UK law. They become recognised as a refugee only after the Home Office determines that they qualify.

Where a claim is successful, the person is normally granted:

• Refugee status, or
• Humanitarian protection (if the Refugee Convention definition is not met but returning the person would expose them to serious harm)

Refugee status and humanitarian protection are typically granted with limited leave to remain, usually for five years. Settlement is not automatic. A separate application is required, and eligibility is assessed at the point of settlement application.

3. What laws govern asylum decisions in 2026?

Asylum decisions in the UK are governed by a combination of international and domestic law.

The core legal sources include:

• The 1951 Refugee Convention and 1967 Protocol
• The Immigration Rules (including Part 11: Asylum)
• Domestic statutes governing immigration control and asylum procedure, including the UK immigration law framework
• The Human Rights Act 1998, incorporating the European Convention on Human Rights

In practice, many asylum decisions also involve human rights considerations, particularly Article 3 ECHR (prohibition of torture or inhuman or degrading treatment) and sometimes Article 8 (right to private and family life).

Recent legislative reforms have also introduced stricter provisions concerning credibility assessment, evidence and inadmissibility where an applicant has a connection to a safe third country. These provisions can affect whether a claim is substantively considered in the UK.

Asylum law therefore operates within a structured legal framework. Protection is not automatic. It depends on satisfying clearly defined statutory and Convention-based criteria.

Section Summary

Asylum in the UK is a legally defined protection status grounded in the Refugee Convention. To qualify, an applicant must demonstrate a well-founded fear of persecution for a recognised reason and an inability to obtain protection in their home country. Decisions are governed by the Immigration Rules and domestic legislation, with human rights principles playing a central role in many cases.

Section B: Who Can Claim Asylum in the UK?

Eligibility is central to the asylum process. Not everyone who fears returning home will qualify under UK law. The Home Office applies a structured legal test when assessing whether an applicant meets the definition of a refugee or otherwise qualifies for protection. In addition, modern asylum law includes provisions allowing the Home Office to treat certain claims as inadmissible, particularly where there is a connection to another safe country.

Understanding both the substantive eligibility test and the procedural admissibility rules is essential before making a claim.

1. Who qualifies for asylum?

To qualify for asylum in the UK, an applicant must satisfy the Refugee Convention definition and the requirements set out in the Immigration Rules.

This means demonstrating:

• A genuine and well-founded fear of persecution
• That the persecution relates to one or more Convention reasons (race, religion, nationality, political opinion or membership of a particular social group)
• That the authorities in the home country are unwilling or unable to provide protection
• That safe internal relocation is not reasonably available

The “well-founded fear” test has both subjective and objective elements. The applicant must genuinely fear harm, and there must be a real risk of that harm occurring if returned.

Persecution can take many forms, including imprisonment, violence, torture, sexual violence, forced marriage, honour-based abuse or severe discrimination that amounts to serious harm. In some cases, cumulative discrimination may reach the persecution threshold.

Credibility plays a central role. The Home Office will assess consistency of the applicant’s account, timing of the claim, supporting evidence and country of origin information.

Where the Refugee Convention test is not met, an applicant may still qualify for humanitarian protection if returning them would expose them to a real risk of serious harm, such as the death penalty, unlawful killing, torture or inhuman or degrading treatment, or a serious and individual threat to life or person by reason of indiscriminate violence in situations of armed conflict.

2. Safe third country and inadmissible claims

Even if an individual fears persecution in their home country, the UK may decide not to substantively consider the asylum claim if it is treated as inadmissible.

An asylum claim may be considered inadmissible where:

• The applicant has already been recognised as a refugee in another safe country
• The applicant has a connection to a safe third country where they could reasonably seek protection
• The applicant has travelled through or has ties to another country that is considered safe

Under current legislation and policy, the Home Office may seek to remove an applicant to a safe third country rather than determine the asylum claim in the UK. The concept of “safe” generally means that the individual would not face persecution there and would not be removed onward to a place where they would face harm.

Inadmissibility decisions do not determine whether the person is a refugee. They determine whether the UK will examine the substance of the claim. These provisions form part of broader reforms aimed at managing irregular migration routes. The application of inadmissibility rules is fact-specific and subject to legal safeguards.

3. Including family members in an asylum claim

An asylum applicant may, in certain circumstances, include their partner and dependent children under 18 in their claim if they are present in the UK.

Where refugee status or humanitarian protection is granted, dependants are normally granted leave in line with the main applicant. This leave allows them to remain in the UK for the same period. It is important to distinguish between being granted leave as a dependant of a recognised refugee and being independently recognised as a refugee in one’s own right.

Dependants do not automatically receive separate refugee status unless they make and succeed in their own individual asylum claim.

If a person is recognised as a refugee, they may also be able to apply under the refugee family reunion provisions to sponsor certain family members who remain overseas. The relevant eligibility rules can be complex, and applications are often supported by evidence of relationship, dependency and the circumstances of separation. For practical guidance on this route, see our overview of the family reunion visa.

Where a person is seeking to join family in the UK for reasons not connected to protection, it will usually be necessary to consider alternative routes, such as a family visa, rather than the asylum system.

Section Summary

To qualify for asylum in the UK, an applicant must meet the Refugee Convention definition and demonstrate a real risk of persecution. However, even where protection needs exist, a claim may be treated as inadmissible if there is a connection to a safe third country. Family members may be included in an application, but dependant leave is distinct from independent refugee recognition, and post-recognition family reunion routes may also be relevant.

Section C: How to Apply for Asylum in the UK

Claiming asylum in the UK follows a structured legal process. From the moment an individual informs the authorities of their intention to seek protection, the case enters a formal procedure governed by the Immigration Rules and Home Office policy guidance. Each stage serves a specific purpose, and credibility and consistency are assessed throughout.

Understanding how the process works in practice is essential. Mistakes, omissions or inconsistencies at an early stage can affect the overall assessment of the claim.

1. Making an asylum claim

An individual must claim asylum in person. This is usually done either at a UK port of entry (such as an airport or seaport) upon arrival or after entering the UK by contacting the Home Office to register a claim.

The person must state clearly that they wish to seek asylum. A claim cannot be made online or by proxy.

Once the intention to claim asylum is registered, the applicant will be directed into the asylum intake process. Biometric information, including fingerprints and photographs, will be taken. This allows the Home Office to verify identity and check for previous immigration history or claims in other countries.

Applicants may also be issued documentation confirming that an asylum claim has been made. This documentation is important when accessing support services.

2. The screening interview

The first formal stage of the process is the screening interview.

This interview is not the detailed assessment of the asylum claim. Instead, it focuses on:

• Confirming identity and nationality
• Establishing travel route to the UK
• Recording basic reasons for seeking asylum
• Identifying immediate vulnerabilities or safeguarding concerns
• Determining accommodation and reporting arrangements

The applicant must answer questions truthfully and consistently. Any discrepancies between the screening interview and later evidence may affect credibility.

At this stage, the Home Office may also consider whether inadmissibility provisions apply, including whether the applicant has a connection to a safe third country.

Following screening, the applicant is usually granted temporary admission while the claim is considered and may be required to report regularly to immigration authorities.

3. The substantive asylum interview

The substantive interview is the core evidential stage of the asylum process.

During this interview, asylum seekers are given the opportunity to provide detailed information about their asylum claim, including their personal history, reasons for fleeing their home country and any evidence supporting their claim.

Asylum seekers are entitled to request an interpreter if they require language assistance during the interview. They may also be legally represented, although representation will depend on access to legal aid or private funding.

The Home Office assesses credibility carefully. Decision-makers consider internal consistency of the account, consistency with previous statements, plausibility in light of country of origin information and supporting documentary or expert evidence.

Medical reports, witness statements and country expert evidence may strengthen a claim where available.

4. The asylum decision

After the substantive interview and review of evidence, the Home Office will issue a written decision.

There are three main outcomes:

• Refugee status granted: If the Refugee Convention criteria are satisfied, the applicant is recognised as a refugee and typically granted five years’ limited leave to remain.
• Humanitarian protection granted: If the Refugee Convention definition is not met but removal would expose the individual to a real risk of serious harm, humanitarian protection may be granted, usually also with five years’ leave.
• Claim refused: If the Home Office concludes that the legal test is not met, the application is refused. The decision letter will explain the reasons and set out any appeal rights.

Recognition is not automatic and is not based solely on sympathy. It depends on satisfying the legal definition and credibility assessment.

5. How long does the asylum process take?

There is no fixed timeframe for an asylum decision.

Processing times vary depending on the complexity of the claim, availability of evidence, country conditions, casework capacity within the Home Office and whether inadmissibility issues arise.

Some cases are decided relatively quickly. Others may take many months or longer. Delays do not in themselves mean a claim will be successful or unsuccessful.

Applicants must comply with reporting requirements and keep their contact details updated while waiting for a decision.

Section Summary

The UK asylum process involves several structured stages: making the claim, attending a screening interview, participating in a substantive interview and awaiting a written decision. Credibility, consistency and evidence are central throughout. The process can be lengthy and fact-specific, and outcomes depend on whether the legal protection tests are satisfied.

Section D: Rights and Restrictions While Waiting for an Asylum Decision

Once an asylum claim has been lodged, the applicant enters a period of temporary admission while the Home Office considers the case. During this time, certain rights are available, but significant restrictions also apply. The balance reflects the fact that an asylum seeker does not yet hold settled immigration status.

Understanding what is permitted and what is prohibited while waiting for a decision is critical. Breaches of conditions or non-compliance with reporting duties can affect the progression of a claim and may have enforcement consequences.

1. Can asylum seekers work in the UK?

As a general rule, asylum seekers are not permitted to work while their claim is under consideration.

There is a limited exception. An asylum seeker may apply for permission to work if their claim has been outstanding for more than 12 months and the delay in reaching a decision is not attributable to them. If permission is granted, employment is restricted. Work is typically limited to roles on the Immigration Salary List, meaning applicants cannot take employment in any occupation of their choosing.

Permission to work is not automatic after 12 months. A separate application must be made, and approval depends on meeting the relevant criteria. For practical guidance on this issue, see can asylum seekers work in the UK?

Volunteering is generally permitted, provided it is genuine voluntary activity and not unpaid employment in disguise.

Where an individual is permitted to work, employers will still need to carry out compliant right to work checks. Where the online service is used, the individual may be required to provide a right to work share code as evidence of their permission.

2. Financial support and accommodation

Asylum seekers who are destitute and have no alternative means of support may apply for asylum support from the Home Office. This is commonly referred to as Section 95 support, under the Immigration and Asylum Act 1999.

Support may include:

• Accommodation provided by Home Office contractors
• A weekly allowance to cover essential living costs

Accommodation may be in shared housing or other designated properties. Under the dispersal system, applicants may be required to live in a particular area of the UK.

Eligibility is based on destitution. Applicants must demonstrate that they are unable to meet their essential living needs. Support is conditional. Failure to comply with reporting or other requirements may result in suspension or withdrawal of assistance.

3. Access to healthcare and education

Asylum seekers with an active claim are generally entitled to access NHS healthcare services. Primary care, including GP services, is available. Secondary care is also accessible, although entitlement and charging rules can differ for individuals whose claims have been refused and who are not receiving asylum support.

Children of asylum seekers have the right to attend state-funded schools. Local authorities are responsible for ensuring access to education for children residing in their area.

4. Reporting duties and compliance

While awaiting a decision, asylum seekers are typically subject to immigration reporting conditions. These may require attendance at regular reporting appointments and compliance with interviews or further information requests.

Applicants must keep the Home Office informed of any change in address or contact details. Failure to do so can result in missed correspondence, adverse credibility findings or enforcement action.

If an asylum seeker leaves the UK while their claim is pending, the claim may be treated as withdrawn.

Section Summary

Asylum seekers awaiting a decision have limited but important rights, including access to accommodation, financial support, healthcare and education. However, they are generally prohibited from working and must comply strictly with reporting and administrative requirements. The waiting period can be prolonged, and maintaining compliance is central to preserving the integrity of the claim.

Section E: If Your Asylum Claim Is Refused

A refusal does not necessarily mean that all legal options are exhausted. However, the consequences of refusal are serious and time-sensitive. The decision letter will set out the Home Office’s reasoning, including findings on credibility, risk and any applicable inadmissibility or protection issues. It will also confirm whether there is a right of appeal.

Understanding the available next steps is critical. Deadlines are strict, and failure to act promptly can limit legal remedies.

1. Appealing to the First-tier Tribunal (Immigration and Asylum Chamber)

If the refusal carries a right of appeal, the applicant may challenge the decision before the First-tier Tribunal (Immigration and Asylum Chamber). For a detailed overview of the procedure, see our guide to immigration appeals.

An appeal is an independent judicial review of the Home Office decision. The tribunal will examine whether the applicant meets the Refugee Convention definition, whether humanitarian protection applies and whether removal would breach the European Convention on Human Rights.

The tribunal considers both the evidence previously submitted and any new relevant evidence. Appeals are evidence-driven. The tribunal will assess credibility, country conditions and risk on return. Witness statements, medical reports and expert evidence can be significant.

Strict deadlines apply for lodging an appeal. Missing the deadline may require a separate application for permission to appeal out of time, which is not automatically granted.

2. Further submissions and fresh claims

If there is no right of appeal, or if an appeal has been dismissed, an applicant may submit further representations to the Home Office.

To amount to a fresh claim, new submissions must contain material that has not previously been considered and create a realistic prospect of success before a tribunal. This threshold is high. Repeating arguments that have already been rejected will not usually succeed.

A fresh claim decision is made by the Home Office. If the Home Office accepts that the further submissions amount to a fresh claim and then refuses it, a new right of appeal may arise.

3. Human rights considerations

Even where refugee status is refused, the Home Office must consider whether removal would breach the applicant’s human rights. This most commonly involves Article 3 ECHR (risk of torture or inhuman or degrading treatment) and Article 8 ECHR (right to private and family life).

Human rights claims are assessed separately but may overlap with asylum evidence.

4. Voluntary return and enforcement

If all appeal rights are exhausted and no fresh claim is accepted, the individual may be required to leave the UK.

Options may include voluntary return arrangements or enforced removal if departure does not occur. Failure to comply with removal directions can result in detention under immigration powers.

Section Summary

A refused asylum claim may carry a right of appeal to the First-tier Tribunal. Where no appeal is available or an appeal fails, further submissions may be made if new and material evidence exists. Human rights considerations remain relevant, but once appeal rights are exhausted, removal may follow. Prompt legal advice is strongly recommended after refusal.

Section F: Children and Vulnerable Applicants

The UK asylum system recognises that certain applicants require additional safeguards. Children, victims of trafficking and individuals with mental health conditions or trauma histories may face heightened vulnerability. Decision-makers are required to take these factors into account when assessing both credibility and risk.

Special procedural protections apply, particularly for unaccompanied children.

1. Unaccompanied asylum-seeking children

An unaccompanied asylum-seeking child (UASC) is a person under 18 who is in the UK without a parent or legal guardian.

Where a child claims asylum alone:

• The local authority assumes safeguarding responsibilities under child protection legislation
• The child is provided with accommodation and care arrangements
• A social worker is assigned
• The asylum process is adapted to reflect age and vulnerability

Age assessments may be conducted where there is doubt about whether the applicant is under 18. These assessments must be carried out lawfully and fairly.

Children are interviewed in a manner intended to be sensitive to their age and development. Greater weight may be given to the impact of trauma when assessing credibility.

If refugee status is granted, the child will normally receive limited leave to remain. If protection is refused but safe return arrangements cannot immediately be made, discretionary leave may be granted depending on the child’s circumstances and the applicable policy position at the time.

2. Children applying with family

Where children are included in a parent’s asylum claim, they are treated as dependants.

If the parent is granted refugee status or humanitarian protection, dependent children are normally granted leave in line with the main applicant.

Children may also have independent protection needs. In some cases, separate consideration of a child’s individual risk factors may be required. The best interests of the child must be treated as a primary consideration in decision-making.

3. Victims of trafficking and modern slavery

Some asylum applicants may also be victims of trafficking or exploitation.

Where indicators of trafficking are present, the case may be referred into the National Referral Mechanism (NRM) for assessment. Recognition as a victim of trafficking does not automatically result in asylum being granted, but it may be highly relevant to risk on return and credibility assessment.

Decision-makers are required to consider vulnerability, trauma and safeguarding obligations when assessing such cases. For background on the UK’s legislative framework in this area, see our guide to the Modern Slavery Act.

4. Mental health and vulnerability considerations

Many asylum seekers have experienced persecution, detention or violence. Trauma may affect memory, disclosure and consistency.

Home Office guidance requires caseworkers to consider medical evidence, psychological reports and the potential impact of trauma on recollection.

Vulnerability does not remove the need to meet the legal test for protection, but it can affect how evidence is evaluated.

Section Summary

Children and vulnerable applicants are entitled to additional safeguards within the UK asylum system. Unaccompanied children are supported by local authorities and benefit from adapted procedures. Victims of trafficking and individuals with trauma histories must be assessed with appropriate sensitivity. Safeguarding principles and the best interests of the child are central considerations in these cases.

Section G: Common Myths About Asylum in the UK

Public discussion around asylum is often shaped by misunderstanding. Legal definitions and procedural realities are frequently simplified or misrepresented. Clarifying common myths helps distinguish between political narrative and the legal framework that governs asylum claims in the UK.

Myth 1: Asylum seekers are simply economic migrants

Reality: An asylum seeker is a person who claims protection because they fear persecution or serious harm. Economic disadvantage alone does not qualify for asylum. To succeed, an applicant must satisfy the Refugee Convention definition or demonstrate a real risk of serious harm under humanitarian protection or human rights law. The legal test is specific and evidence-based.

Myth 2: Anyone can claim asylum and automatically stay in the UK

Reality: Making an asylum claim does not guarantee protection. The Home Office assesses each case individually. Applicants must demonstrate a well-founded fear of persecution and satisfy credibility requirements. Claims may be refused if the legal threshold is not met, and removal may follow if appeal rights are exhausted.

Myth 3: Asylum seekers can work freely and access full benefits

Reality: Asylum seekers are generally prohibited from working while their claim is pending. Limited permission to work may be available after 12 months if delay is not attributable to the applicant, and employment is restricted to roles on the Immigration Salary List. Financial support is means-tested and limited to essential living needs where destitution is established.

Myth 4: Travelling through another country does not affect an asylum claim

Reality: Under inadmissibility provisions, the UK may decline to consider an asylum claim if the applicant has a connection to a safe third country where protection could reasonably have been sought. These rules form part of the UK’s current legislative framework on asylum and removal policy.

Myth 5: Refusal always means immediate removal

Reality: Where a claim is refused, an applicant may have a right of appeal to the First-tier Tribunal. In some cases, further submissions may amount to a fresh claim if new and material evidence arises. However, once appeal rights are exhausted and no lawful basis to remain exists, removal action may follow.

Section Summary

The UK asylum system operates under defined legal criteria. Protection is not automatic, work rights are restricted, and inadmissibility rules may apply. Understanding the legal framework helps separate misconception from statutory reality.

Frequently Asked Questions on the UK Asylum Process

This section addresses common, high-intent questions about claiming asylum in the UK.

How do I claim asylum in the UK?

You must claim asylum in person by informing UK immigration authorities that you wish to seek protection. This is usually done either at a port of entry when you arrive in the UK or, if already in the country, by contacting the Home Office to register your claim. You will attend a screening interview, followed by a substantive asylum interview at a later stage.

What happens at the asylum screening interview?

The screening interview records your identity, nationality, travel route and basic reasons for seeking asylum. It is not the detailed assessment of your claim. You will also provide biometric information. The Home Office may consider inadmissibility issues at this stage.

Consistency between your screening answers and later evidence is important.

What happens at the substantive asylum interview?

The substantive interview is the main evidential stage. A caseworker will ask detailed questions about your background, the harm you fear and why you cannot return to your country. Your credibility, supporting evidence and country conditions will be assessed.

You are entitled to an interpreter and may have legal representation.

How long does the asylum process take in 2026?

There is no fixed timeframe. Some cases are decided within months, while others take longer depending on complexity, evidence and Home Office caseload. Applicants should continue to comply with any reporting conditions and keep their contact details updated while awaiting a decision.

Can asylum seekers work in the UK?

Asylum seekers are generally not permitted to work. Permission to work may be requested if the claim has been pending for more than 12 months and the delay is not the applicant’s fault. If granted, work is restricted to roles on the Immigration Salary List.

What support is available while waiting?

Destitute asylum seekers may apply for Home Office support under Section 95 of the Immigration and Asylum Act 1999. This may include accommodation and a weekly allowance for essential living needs. Children have access to state education, and applicants with active claims can generally access NHS healthcare.

Can I travel outside the UK while my asylum claim is pending?

Leaving the UK while your claim is pending may result in it being treated as withdrawn. Asylum seekers do not have a right to international travel during the claim process.

What happens if my asylum application is refused?

If refused, you may have a right of appeal to the First-tier Tribunal. If no appeal is available or an appeal fails, you may submit further representations if there is new and material evidence. Once appeal rights are exhausted, you may be required to leave the UK.

Can my partner and children be included in my asylum claim?

In certain circumstances, a partner and dependent children under 18 who are in the UK may be included as dependants. If protection is granted, they are usually granted leave in line with the main applicant. This is distinct from independent refugee recognition.

What is a safe third country?

A safe third country is a country where you would not face persecution and where you could reasonably seek protection. If you have a connection to such a country, the UK may treat your claim as inadmissible and seek to remove you there rather than assess your asylum claim substantively.

Conclusion

The UK asylum system in 2026 operates within a clearly defined legal framework grounded in the Refugee Convention, domestic legislation and human rights law. To succeed, an applicant must demonstrate a well-founded fear of persecution or serious harm and satisfy credibility requirements under the Immigration Rules.

The process involves several structured stages, including screening, a substantive interview and a written decision. While awaiting an outcome, asylum seekers may have access to limited support but face strict restrictions, particularly in relation to employment and travel.

If a claim is refused, appeal rights or further submissions may be available, but deadlines and evidential thresholds are strict. Because asylum law is fact-specific and procedurally complex, obtaining specialist legal advice is strongly recommended at every stage of the process.

Where protection is granted, the individual will normally be granted limited leave to remain, with the option to apply for settlement after the relevant qualifying period. Settlement is not automatic and requires a separate application for indefinite leave to remain. The practical steps involved in making an ILR application will depend on the route and the applicant’s immigration history, and it is sensible to plan ahead for the expected ILR timeline, including budgeting for ILR fees. If settlement is refused, the options and next steps can vary, and further guidance is available in our resource on ILR refused.

Glossary of UK Asylum Terms

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