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Asylum & Humanitarian Protection

Claiming Asylum in the UK

Claiming asylum in the UK means asking for protection because you cannot safely return to your home country. If you fear persecution or serious harm, you have the right to ask the United Kingdom for refuge under the Refugee Convention 1951. The process involves registering your claim, a short screening interview, a detailed substantive interview and a written decision from the Home Office. It can feel daunting, and the evidence deadlines are short, so early legal advice matters. We guide you through every stage, calmly and in confidence, and we check whether your case is covered by Legal Aid.

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What does claiming asylum in the UK mean?

Claiming asylum in the UK means asking for protection because you cannot return to your home country safely. To be recognised as a refugee under the Refugee Convention 1951, you need to show a well-founded fear of persecution based on your race, religion, nationality, political opinion or membership of a particular social group, and that your own country cannot or will not protect you.

Asylum is not a visa that you buy or apply for in the ordinary way. It is a form of international protection. The United Kingdom assesses claims under the Refugee Convention, the Immigration Rules and human rights law, and a successful claim leads to permission to stay in the UK with the right to work and to rebuild your life here.

If you do not meet the refugee definition but would still face a real risk of serious harm on return, you may instead qualify for humanitarian protection or an Article 3 human rights claim. When you instruct us, we look at every form of protection that may apply to your situation, not just one.

Who can claim asylum?

You may be able to claim asylum in the UK if you fear serious harm or persecution in your home country and cannot get protection there. The grounds below are among the most common, but this list is not exhaustive. If you are unsure whether your situation qualifies, talk to us in confidence.

  • People who fear persecution because of their religion or beliefs.
  • People at risk because of their political opinion, activism or opposition to those in power.
  • People at risk because of their race, nationality or ethnic group.
  • People at risk because of their sexual orientation or gender identity, including LGBTQI+ people who cannot live openly and safely at home.
  • Women and girls at risk of gender-based harm, including forced marriage, female genital mutilation or so-called honour-based abuse.
  • People targeted as members of a particular social group, where their own government cannot or will not protect them.
  • People who have survived trafficking or modern slavery, who may also need advice on the National Referral Mechanism.

What you need to show to be recognised as a refugee

To succeed, an asylum claim must meet the legal test in the Refugee Convention 1951, as applied through the UK Immigration Rules. The Home Office assesses each of the points below, together with the credibility of your account.

A well-founded fear of persecution

You must show a real and current risk of serious harm if you return, not only past difficulty. The fear must be forward-looking and supported by credible evidence about your circumstances and your country.

A reason recognised by the Refugee Convention

The harm you fear must be linked to your race, religion, nationality, political opinion or membership of a particular social group. Harm for other reasons may instead engage humanitarian protection rather than refugee status.

A lack of protection at home

You must show that the authorities in your country cannot or will not protect you, and that you could not reasonably move to a safer part of the country to escape the risk.

A consistent and credible account

The Home Office weighs the consistency of your account across your screening interview, your written statement and your substantive interview, alongside country information and any supporting evidence such as medical or expert reports.

Claiming at the earliest opportunity

You should claim asylum as soon as you can, whether at the border or after arrival. An unexplained delay in claiming can be held against you when the Home Office assesses your credibility, so early advice is important.

Asylum law and Home Office policy change often. For example, for claims made on or after 2 March 2026, a successful claim normally leads to 30 months of protection, reviewed at the 30-month point, rather than the previous five-year grant. The points on this page are a general guide, correct as at June 2026, and are not legal advice on your case. We confirm the current rules and your options when you speak to us.

How we help

  1. 1

    Early, confidential advice

    We talk through your situation in confidence and explain the asylum process from the start. If you have not yet claimed, we advise on claiming at the earliest opportunity and on what to expect at your screening interview.

  2. 2

    Building your case and your statement

    We help you prepare a detailed witness statement and gather the evidence that supports your claim, such as documents, medical reports and country information. Strong, well-organised evidence is often what makes the difference.

  3. 3

    Your substantive interview

    We prepare you for the substantive interview, the main stage where the Home Office hears your account in detail. Where your funding allows, we make representations and follow up with further evidence within the time allowed afterwards.

  4. 4

    The decision and any next steps

    We review the Home Office decision with you. If your claim is refused, we explain your options quickly, including an appeal to the First-tier Tribunal, because the time limits are short.

What is included in our service

  • Confidential advice on your asylum claim
  • Help preparing your detailed witness statement
  • Gathering and organising your supporting evidence
  • Preparation for your screening and substantive interviews
  • Liaising with the Home Office on your behalf
  • Clear advice on the decision and any appeal

Asylum advice and representation are within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on a financial assessment of your means and an assessment of the merits of your case. We check your eligibility for Legal Aid when you first contact us. Where Legal Aid is not available to you, we explain clearly and in writing what any private fee would be before any work begins. There is no charge to find out where you stand.

Common questions

You claim asylum by telling the Home Office that you cannot return to your country safely. If you are at a port or airport, you can claim on arrival. If you are already in the UK, you contact the Home Office to register your claim and attend a screening interview. You should claim as soon as you can.

The screening interview is short. It records your identity, your route to the UK and the basic reason for your claim, and your fingerprints and photograph are taken. The substantive interview comes later and is the main stage, where a caseworker asks detailed questions about the harm you fear and why you cannot return.

Asylum claims are within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on your financial circumstances and the merits of your case. We assess your eligibility for Legal Aid when you first contact us, at no charge to you.

Yes. Your asylum claim is confidential. The Home Office will not share the details of your claim with the authorities in your home country. You can also speak to your solicitor in confidence, and nothing you tell us is passed to anyone else without your instruction, subject to our professional duties.

The Home Office aims to decide many claims within six months of the substantive interview, but in practice waiting times are often longer and vary by case. While you wait, you may be able to apply for asylum support, including accommodation and a weekly allowance, if you would otherwise be left destitute.

A refusal letter explains the reasons and whether you have a right of appeal. Most refused claims carry a right of appeal to the First-tier Tribunal, and the time limit is short. Other options can include fresh submissions with new evidence or, in some cases, a judicial review, depending on your circumstances.

Asylum seekers are not usually allowed to work while a claim is being decided. If you have waited more than twelve months for an initial decision, and the delay is not your fault, you may be able to apply for permission to work in limited roles. We can advise on whether this applies to your situation.

Last updated: June 2026.