It is virtually impossible to apply to the UK for asylum before entering the UK. Entry clearance officers abroad can use their discretion to accept an application for entry clearance to the UK. However, the immigration rules do not provide any provisions to this effect and there have only been a few cases in very exceptional circumstances.
Download a diagram of the asylum application process (PDF, 14KB)
In the UK, the UK Border Agency (UKBA) at the Home Office is the government body responsible for interviewing asylum applications, and assessing their asylum applications. From 05 March 2007, asylum applications are considered under the New Asylum Model (NAM) procedures. The main objective of the NAM is to conclude asylum cases within six months leading either to integration or removal. The Home Office seeks to achieve this through segmentation, faster processing and case ownership.
All asylum cases that were submitted before 05 March 2007 are classified as ‘case
resolution’ cases and undergo a different process administered by the Case Resolution
Directorate. See Case resolution programme below.
How do people apply?
Applications for asylum have to be made in person either at a port of entry or after entering the UK. People applying on arrival at a port entry, for example, at an airport or seaport are called port applicants and those who are already in the UK and apply for asylum are called ‘in-country’ applicants.
Procedures for considering port and in-country applications differ slightly. Access to the asylum support system also depends on whether someone applies in-country or immediately on arrival. The only exception in the immigration rules is if someone who already has had a refusal on their claim makes a ‘fresh claim’. This is different to claiming asylum for the first time.
Asylum applicants are expected to lodge their applications in person.
Port applications
A person can lodge an asylum application to an immigration officer on arrival at a UK airport, seaport or station. The authorities can detain port applicants pending initial screening and confirmation of their identity. Asylum applications are routed to a team assessed as most appropriate to deal with them (see below – different types of case). This determines the type of procedure that the UKBA will use to decide the application. Once segmented, the applicant is then allocated a case owner who will be responsible for dealing with all aspects of the case.
Most port applicants will receive temporary admission into the UK. This comes in the form of an IS96 document which allows the applicant to stay in the UK until they get a decision on their asylum application. The document should have a stamp “applied on arrival”. This will ensure access to the asylum support system. Temporary admission is usually subject to certain conditions such as regularly reporting to their case owner.
In-country applications
Asylum applicants who are already in the UK are called in-country applicants. They could be a visitor, student, an overstayer or illegal entrant (for example, having been smuggled through a port of entry).
People already in the UK must apply for asylum in person at one of the UK Border Agency (UKBA)Asylum Screening Units (ASUs) in Croydon or Liverpool. People applying in Scotland or Northern Ireland can apply at ASUs in Glasgow or Belfast. The UKBA no longer accepts postal applications.
What happens when people apply?
Screening
The first stage involves an interview, called a screening interview during which Home Office tries to find out basic information such as:
- The applicant’s identity
- Their route into the UK to find out if they passed through a third country and if they applied for asylum there
- Details about their family including family members who may be considered dependents on the asylum application
- If the applicant has entry clearance and applied for UK visas before
- When they arrived in the UK
During the screening interview, UKBA should not ask about the substantive details of the asylum claim. However, interviewing officers do ask questions to help them decide if they can process an application under a special fast-track procedure or if they can return the applicant to a safe third country without having to consider their application. Depending on the outcome of the screening interview, UKBA may decide to interview port applicants in detail about their claim straight after the screening. Asylum applicants should be given a copy of the interview record.
The authorities will also check whether an applicant has the passport or document on which they travelled to the UK. See ‘Arriving in the UK without valid documentation’.
During the screening interview applicants (including dependents) are fingerprinted and photographed. The applicant will also be allocated a case owner. The case owner is an UKBA official responsible for the case from application to the granting of status or removal, and the applicant’s main UKBA contact throughout the asylum process.
The UKBA can detain applicants at this stage and will also put their application in one of the segments.
Different types of cases
The processing, management and support arrangements for individual cases are determined by identifying the type of case. These arrangements include:
- The speed at which a person’s asylum claim is processed
- How they are directly assisted to access legal advice
- How and when they are required to remain in contact with the case owner, that is, how often they are required to report in person [and whether they are subject to electronic monitoring by voice recognition or tagging (the compulsory wearing of an electronic monitoring device on the ankle)].
Compliance with these requirements is a condition of continuing financial support.
The five different types of cases are:
Table 1: case types
| Third country | People who the Home Office believes have, or could have, applied for asylum in a third country and are thus deemed ineligible for asylum in the UK. Some of these people are detained whilst others are not. |
| Minors | This applies to unaccompanied minors and children in families who apply in their own right. Separated children may require a social services assessment to confirm their age and if they are accepted as a minor they are accommodated by social services. Until a social services age assessment determines that an age disputed young person should be dealt with as an adult their case will be processed as a child, although they may be provided with support as an adult during this time. Case owners dealing with children's cases have been specially trained. |
| Potential non-suspensive appeal (NSA) | This segment includes nationals from one of the 24 countries designated as generally ‘safe’ countries. Cases are considered on their merits by may be certified as clearly unfounded in which case the right of appeal can only be exercised from outside the UK. Some people in this segment are detained whilst others not. |
| Detained fast track | Any asylum claim whatever the nationality or country of origin of the claimant, may be fast tracked where it appears, after screening to be one that may be decided quickly. |
| General casework | Cases from the general caseload that do not come into any of the other categories. Some may be detained but most are allocated to one of the regional teams. |
For the Home Office’s processing times for the above types of cases see the Refugee Council's briefing.
Case owners
Each new applicant is allocated to a case owner. The case owner is a UKBA official responsible for an asylum seeker’s case throughout the process - from application to the granting of status or removal. This includes ensuring that the claim is processed within the expected timescale, interviewing and deciding on the case, issuing decisions and handling appeals. They are also responsible for dealing with all aspects of asylum support, including deciding on eligibility, payment and cessation of support. Case owners set and manage reporting and other contact management arrangements during the asylum process. If the application is successful they should arrange integration and re-documentation. If it is unsuccessful the case owner is responsible for arranging voluntary return or enforced removal.
All new applicants should be given details of their case owner after screening and segmentation. This will be their main point of contact at the UKBA throughout the asylum process.
The UKBA intends that asylum applicants receive the decision on their claim and on any appeal in person when reporting to their case owner, who will explain its implications and the options available to the applicant. Applicants who have exhausted all their appeal rights and do not agree to return home voluntarily may be detained when issued with their final refusal in order to effect removal or at a subsequent reporting event.
Application registration card (ARC)
Once UKBA has completed the screening interview and confirmed identity, it will issue the applicant with an application registration card (ARC). The ARC confirms the cardholder’s identity and that he or she has been admitted into the asylum determination procedure.
The application registration card (ARC) is a credit card sized document with information about the asylum applicant, some of which is visible to the holder and some of which is only visible only to the Post Office or to UKBA. An ARC states the asylum applicant’s name, date of birth, sex, nationality, place of issue, date of issue, and if they are with dependants (or, if they are a dependant, it states the name of the main applicant). The ARC also shows the applicant’s fingerprint and photo, lists the languages they speak and what their employment status is.
These documents are extremely important for asylum seekers when proving their identity, status and entitlement to services in the UK. In many cases, they are the only official documents that asylum seekers possess and as such provide their sole form of identification.
Standard acknowledgement letter (SAL)
If UKBA cannot issue an ARC after screening, it will issue a standard acknowledgement letter (SAL) instead. This is a double-sided A4 document stating that the person has applied for asylum. In most cases SAL’s are valid for no more than two months. Applicants must contact the UKBA's Central Booking Unit before SAL expires to arrange for a valid ARC to be issued.
Nationality interviews
If the Home Office does not believe an applicant’s alleged nationality, it will hold a nationality interview. This allows the interviewing official to ask questions about the geography, history and society of the country in question to test if the applicant is really from there. Such an interview may be completely inappropriate for not very well educated individuals or young people who have grown up in refugee camps outside their home country.
Statement of evidence form (SEF)
In the past all asylum applicants were required to fill a statement of evidence form. Under the current system only children are given the form which they are required to complete and return by day 20. Children aged 12 and over are then interviewed on day 25.
The SEF is a long and complicated form asking questions about the nature of the asylum claim and applicants have to write down how they meet the criteria to be recognised as a refugee as set out in the Refugee Convention. They also have to state how their human rights would be breached if they were sent back to their home country.
With the withdrawal of the SEF from general use, adult asylum applicants are expected to submit all evidence forming the basis of an asylum claim before or at the interview. However, the case owner does have the power to allow additional evidence to be submitted subsequently but this has to be done within five days.
Reporting and induction
Most asylum applicants who are not detained are expected to report to a reporting centre. If applicants have to travel more than three miles to report they can apply for assistance to pay for their travel.
Adult asylum applicants are expected to receive an initial induction within a few days of making their application. The induction is provided by refugee agencies such as the Refugee Action, Refugee Council or Scottish Refugee Council. If the applicant has somewhere to stay, such as with friends, they can attend a one-day induction. If they need accommodation they will be sent to where that can be provided and receive an induction there.
During the induction, asylum applicants can apply for asylum support and receive information on the asylum process, services available to them and on their rights and responsibilities in the UK. Please note that one of the responsibilities of role of UKBA’s case owners is to manage any support an applicant may be entitled to.
See the Refugee Council's leaflet ‘Applying for asylum’ available in refugee languages.
Asylum interview
After the screening interview, the authorities will ask the applicant to attend a longer interview to ask about the reasons for claiming asylum. It is important that applicants try to see a legal representative before the interview.
Details of interview appointments are usually given to the applicant at the time of the first reporting event. It is vital that they attend any interview. If they do not, the UKBA can refuse their claim on ‘non-compliance’ grounds. Most interviews are held at the offices of the relevant case owner team. Applicants subject to any accelerated procedure in detention are normally interviewed in their detention centre.
Interview proceedings
During the asylum interview, an asylum seeker is expected to disclose all the information relevant to his/her claim. Applicants who have been tortured or suffered traumatic incidents can find it hard to talk to a sympathetic counsellor about their experiences, let alone a Home Office official. Many have described this process as re-living the trauma again, and some have suffered flash backs, visibly trembled or even fainted whilst attempting to recount their experiences.
Under this extreme pressure, the applicant carries the burden of proof. It may be possible in cases of extreme trauma for an applicant to have their interview postponed. However, medical evidence must be provided to verify that they are unfit to attend. The Home Office cannot decide on their application without the interview, so they will have to go through it at some stage.
The Home Office’s own instructions to its staff recognise that it may be extremely difficult for an asylum seeker to discuss torture or traumatic experiences with a case owner. Nonetheless, it continues to regards non-disclosure of information at the interview as a sign that the application may be ‘unfounded’. Interviewing instructions can be viewed at UKBA’s website. Asylum applicants should give as much detail about their asylum application as possible. If an applicant has any papers or other evidence that supports what they are saying, they should give it to the case owner when they are interviewed.
Recording the interview
At the end of the interview, asylum seekers are asked to sign a copy of the interview record. However, they are not obliged to sign it if they are unhappy or unclear about its contents. Refusing to sign an interview record does not result in their application being refused on non-compliance grounds. Asylum applicants should also be given a copy of their interview record for their own reference.
Asylum seekers have the right to have their asylum interview tape recorded. The applicant should tell the authorities 24 hours before the interview that they want it tape-recorded and should make sure to receive a copy of the tape at the end of the interview. If UKBA does not have the necessary equipment at hand, it should delay the interview until it does.
Legal advice at interviews
As result of cuts to public funding for asylum and immigration cases, legal aid is, on the whole, no longer available for advisers to represent their clients at interviews. Such funding is only available if cases are fast-tracked, if the client is an unaccompanied child seeking asylum or has severe mental health problems. Advisers may sit in during the interview but only as an observer. As such they may not interrupt or act as an advocate, but can make comments at the end and should keep their own independent records of the interview proceedings.
Early legal advice
The Home Office has been developing a model to enable access to early legal advice called the Solihull pilot. The scheme has been running since October 2006. Under these arrangements the legal representative is ensured an interview with their client before the substantive asylum interview and crucially, they may then sit at that interview and advise and intervene as appropriate. This is not possible outside this pilot except in the detained fast track and children’s cases.
Interpreters
The Home Office provides an official interpreter at the interview if necessary. If the asylum seeker is not happy with the quality of the interpreting, s/he should make this clear at once and insist on a new interview. Women asylum seekers who would prefer to have a female interpreter can request this. If a female interpreter is not available they can ask for the interview to be postponed. Asylum seekers may also take their own interpreter at the case owner’s discretion. The interpreter cannot act as an advocate on behalf of the asylum seeker but can point out inconsistencies or problems in the interpreting process.
Travel to interview
Applicants on UKBA asylum support should get a travel warrant to cover the cost of travelling to their main asylum interview. Their case owner should arrange this at the time of their first reporting event.
Further representations
Asylum seekers are expected to provide evidence to support their claim in time for a decision to be made following the initial interview. The case owner does however have the discretion to allow more time if they agree that following the interview additional information would assist the decision making process. Submitting evidence or information after the interview is known as making further representations.
National insurance application
During the asylum interview, the Home Office asks a series of questions to help them submit an application for a national insurance number on behalf of the applicant. This means that when applicants get a positive decision from the Home Office, they will also be allocated a national insurance number at the same time.
Case resolution programme
There is a significant number of older asylum claims made before 05 March 2007 that are known as ‘case resolution’ (formerly legacy) cases. These cases are being dealt with separately by a Case Resolution Directorate (CRD) and include cases that have not been fully determined, applications for further leave, cases awaiting appeal or those that have exhausted their appeal rights but who remain in the UK.
The Home Office estimated originally that there were up to 450,000 such cases and it aims to conclude these cases by June 2011. The resolution can lead to the grant of status to an individual or to a refusal of leave to remain and removal from the UK. When the case resolution programme was announced the Home Office had emphasised that it was not an amnesty for individuals whose cases are unresolved.
How does the CRD deal with older unresolved cases?
Each older case has been allocated to a case owner who will process it through to conclusion. Initially, case owner checks computer records against paper files, correcting data errors and deleting duplicate records.
The Home Office prioritises the following cases: people that may pose a risk to the public, applicants that can be removed swiftly, people receiving asylum support and people who may be allowed to stay in this country.
It should be noted that independently of the case resolution exercise, enforcement officers continue to carry out removals. Thus, a person may be detained and removed before their case has been brought forward for action by CRD.
Notifying individuals
If cases are selected for consideration the Home Office will make contact with individuals informing them that their case has been selected and requesting further information where appropriate. This may be in the form of a questionnaire or a letter to the individual containing:
- an explanation that their case has been selected to be case worked
- information and contact details for the case owner
- a standard paragraph explaining how to obtain legal advice
- information about how they could return home voluntarily
- one stop notice
This letter may also include details about the case and ask the individual to check that these details are still accurate. The letter may also ask to give more information which the individual or her/his legal representative should send within 21 days from the date of the letter.
When asylum seekers receive a notification letter they should seek further advice and assistance. If individuals have not been sent a letter and wish to tell the CRD that their circumstances have changed (for example, if they have a child, marry or change address) they should contact the Immigration Enquiry Bureau by telephone on 0870 606 7766.
Are all cases notified?
It is important to note that the CRD will not write to all asylum seekers whose cases it deals with. For example, if people have committed a crime, have not complied with immigration rules or worked illegally, they are unlikely to receive a letter before the UKBA takes steps to remove them. People who are concerned about their situation should seek legal advice.
People who are not in the groups described above and are confident that the UKBA has up to date information about their case should probably wait until they receive a letter. However, they should ensure that they will be able to get legal advice quickly as they will not have long to respond to the letter (21 days).
Can cases be expedited?
There is a concern that many asylum seekers have waited a long time for an outcome on their case and may not learn about the decision for some time. The Home Office has stated that they could bring cases forward for consideration only if there are truly exceptional and compassionate circumstances. For more information see Home Office policy instructions.
Getting legal advice
In view of uncertainty about whether an enforcement team or CRD will deal with a case, and the uncertainty whether a person can expect to receive formal notification from CRD that their case is being dealt with, a person who believes that there may be information relevant to their case that has not been submitted to UKBA should seek advice about their asylum application.
Many people whose initial applications have been refused or have lost at appeal experience difficulties getting legal representation. When seeking legal advice and representation they need to be prepared to explain to potential representatives why it is that they feel their case requires further attention. Good grounds for asking for advice and representation include:
- The person may be able to demonstrate there is a real danger of serious harm if returned to their home country as there may be new circumstances affecting themselves or their country of origin that have not been previously submitted.
- There may have previously submitted further evidence relating to their case and never received a response. New evidence may also have become available and never considered.
- As many of these will be older cases there may be human rights consideration in that their removal will have a disproportionate effect on their family or private life.
- Alternatively, they may qualify under the Long Residence Rules if they have been here lawfully for 10 years or unlawfully for 14 years.
- It may be that they are one of a group of cases that should have but did not benefit from earlier Home Office policies in place at the time of their application.
Progress to date by the CRD
At the end of May 2008, the CRD had concluded 90,000 of cases. Approximately a third of decisions reached have resulted in the grant of some form of permission to stay, another third of cases have been closed because the CRD had concluded that the records were erroneous or duplicate and with 20,000 cases being removals. Families, where there are children under 18 years of age constituted the majority of those given permission to stay. Of those who were removed or given permission to stay a very small number appeared to the CRD to have some criminal history.
For more information about the case resolution programme see the Refugee Council's briefing and leaflets in refugee languages.
Other developments
CRD guidance on R (S) policy
Some refused asylum seekers may be affected by the Court of Appeal judgement in R(S) [2007] EWCA Civ 546. The judgement clarifies the position of refused asylum applicants who may have lost the benefit of a four year country specific exceptional leave to remain policy unfairly as a result of delay on the part of the Home Office in reaching a decision. The Home Office has issued a guidance how the case owners should deal with cases which may be affected.
Article 8 of the ECHR
In June 2008, the House of Lords gave judgement in a number of cases concerning Article 8 (the right to private and family life). These cases are likely to be of particular importance where someone has established a family, for example married and had children, in the UK with someone who is British or is otherwise permitted to stay in the UK, or where there have been substantial delays on the part of the Home Office.
For more information see Home Office guidance.
