Support for asylum seekers in the UK

Saman's story
'I arrived very late at Heathrow and told the immigration official that I wanted to claim asylum. He asked me my name, where I had come from and how I traveled to the UK. Then he sent me to a hotel near the airport and the staff working there gave me some food and took me to one of the rooms to sleep. The next morning they helped me to fill in a form which they said was for accommodation and money for food. There were a lot of questions on the form.

That was nearly a week ago and I'm still waiting to hear back from them. I've no idea where they'll send me next or if they'll give me any money. If they turn me down I don't know what I'll do…'

If you are an asylum seeker in the UK you are entitled to claim asylum support (somewhere to live and money for food and clothes) whilst your claim for asylum is being decided. This is important because you are not allowed to work whilst claiming asylum. The Home Office department responsible for asylum support is the Borders and Immigration Agency (BIA).

Before April 2007 the department responsible for asylum support was National Asylum Support Service (NASS).

In this guide we explain how to get asylum support and what to do if you are refused or your support is stopped.

Can I get asylum support?

To qualify for asylum support you must meet these criteria:

Are you under 18?
Children under 18 who come into the UK alone ('unaccompanied minors') are not able to claim asylum support but are instead looked after by their local authority.

• You have made a claim for asylum or a claim under Article 3 of the European Convention on Human Rights.
• Your claim was made at a 'designated place' – this means at the Home Office screening unit in Croydon, Liverpool or Solihull.
• Your claim or appeal is still being decided.
• You are aged 18 or over.
• You are destitute. This means that you don't have enough money for yourself and children or you have nowhere to live.

If you have dependents such as children under 18 or a partner, husband or wife you will receive support on their behalf.

How will BIA support me?

There are two main types of asylum support. The first is for people who have made a claim for asylum. The second is only available to some people whose asylum claim has failed.

'Section 95' support

When you make an application for asylum and apply for support, you will normally be given what is called Section 95 support. Section 95 support is given to you while your claim for asylum is being considered. You will be found somewhere to live and will be given between £32 and £42 per week depending on your age and situation. To apply for support you must complete a form which you can download from the Home Office website or get from your nearest 'one stop services'. One stop services can help you to complete the form and send it off to BIA on your behalf.

Once BIA approves your application you will be given accommodation and money for food and living expenses. You will not have any control over where you live as most asylum seekers are now sent to different parts of country shortly after they arrive. This is called dispersal. Some asylum seekers are allowed to remain in London but only in special circumstances.

If you already have a place to stay you can apply for the money part of the support only. This is called subsistence only support. Again, you can get help applying for this at your nearest one stop services.

How long will I get support for?

Families with dependent children

If you have dependent children you'll get support until either you leave the UK or until their youngest child turns eighteen.

You will continue to get support until you receive a final decision on your asylum application. This includes appeals. If you are granted leave to remain your support will stop 28 days after you receive the decision. After that you are allowed to work or claim welfare benefits such as Income Support or Job Seekers Allowance.

If your asylum application is refused (including appeals) you will no longer be entitled to asylum support and it will stop 21 days after you get your decision. At this point the Home Office expects you to make arrangements to return home. However, if you are unable to leave the UK for some reason you may be entitled to Section 4 support.

'Section 4' support for failed asylum seekers

If your claim for asylum fails you may be able to get Section 4 support, but the rules about who can get it are very strict. First of all you must be destitute. Secondly, you must also meet one of these criteria:

Destitute

This means that you don't have enough money for yourself and children or you have nowhere to live.

• You have applied to return home and are waiting for the arrangements to be finalised. You will need to provide proof of this to BIA.
• You can't leave the UK because you have a serious medical problem which stops you from travelling. You will need to provide a letter from your doctor stating what is wrong with you and why you are too ill to travel.
• The Home Secretary says that there is no safe route of return to your country (at the time of writing this doesn't apply to any country).
• You have applied for a judicial review of your asylum claim decision.
• You have made a fresh claim for asylum or a claim under Article 3 of the Human Rights Act, or the Home Office is still considering other claims that you have made.
• If you qualify for Section 4 support you will receive accommodation, plus £35.00 pounds worth of vouchers per week. There is no cash support available under Section 4.

Asylum Support Appeals Project, October 2006

• Asylum support appeals process - Asylum Support Adjudicators
• The National Asylum Support Service (NASS) - Forms and Guidance - Immigration and Nationality Directorate
• The National Asylum Support Service (NASS) - One stop services - Immigration and Nationality Directorate
• List of local councils - Directgov
• Homepage of Asylum Support Appeals Project - Asylum Support Appeals Project (ASAP)
• Benefits - Advicenow