What will be the outcome of claiming asylum?

What will be the outcome of my claim?

Unless your claim is rejected, you can be given one of three different types of status:

Asylum (permanent residence)

If your claim is accepted, you will be granted asylum and given permission to stay for five years. If you are accepted in this way, your husband, wife or registered civil partner, and any children under 18, will also automatically be accepted. You may also be entitled to get a Convention (blue) travel document, which lets you travel freely to all countries except your country of origin. You can work or study, and have the same rights to receive benefits as citizens do. If you claim benefits, you may be able to receive a loan from the Home Office when you are granted asylum. You will have to repay this money later.

At the end of the five years, you will be able to apply to stay here permanently.

Humanitarian protection

If you can’t show that you meet all the conditions for recognition as a refugee, you may be given ‘humanitarian protection’. You will be given this status if your life might be in danger if you returned, or you would be at risk of torture or inhuman or degrading treatment. Humanitarian protection will last for five years, and at the end you can apply to stay here permanently if you would still be at risk in your country. People with humanitarian protection can be joined by their husband, wife or registered civil partner, and their children, but they have fewer rights to travel and study than refugees who have been given asylum.

Discretionary leave

If the Home Office accepts there are other reasons why it would be unfair to make you leave the country, for example because of ill health or for family reasons, you may be given ‘discretionary leave’. This will usually only be for six or 12 months at a time, and you will not be allowed to stay permanently until your discretionary leave has been renewed for a total of six years.

What if my claim is refused?

If your asylum application is refused, you will almost always be able to appeal against the decision. But if you want to make an appeal, you need to get advice very quickly.

You must fill in and return your notice of appeal within 10 working days of the decision (less than this if you are in detention). You must also give the reasons for any other claim you or a family member may make for being allowed to stay in the UK (for example, if being made to leave would breach your human rights).

You will be able to apply for publicly funded legal help during the appeal process if you:

• have no money to pay for advice; and
• have a reasonable chance of winning your case.

The Refugee Legal Centre or Immigration Advisory Service may also be able to help with your appeal, free of charge if you meet these conditions. Their details are on the appeal notice, as well as on page 18 of this leaflet. The appeals process may well take longer than the initial decision and may involve going to court more than once.

‘One-stop’ appeals

If you have any other reason why you or any member of your family should be permitted to stay here, you need to mention this at the same time as you ask for asylum. One of the most common reasons is that it will be against your human rights if you are removed. But if you have any other claim, for example for medical treatment or other family reasons, you must explain this as well. Your appealhearing will look at all your circumstances, and if you do not mention something at the time it will be difficult to raise it later.

What happens if my appeal fails?

Remember that most asylum applications in the UK are refused, though some are successful at appeal. If you are refused and you lose an appeal, you will be expected to leave the country, unless you are allowed to stay here for other reasons (for example, because you have family in the UK). The immigration authorities may try to remove you forcibly if you don’t go voluntarily. If you do not co-operate with attempts to get travel documents for you, you may be prosecuted. Even if you are not prosecuted, you may be detained, possibly in prison.

Voluntary return

If things are getting better in your country, you may be able to get financial help to return there. Some people can also get money to help them resettle in their home country. There are different schemes, depending on where you come from and when you made your claim. You should ask your legal adviser or one-stop service for information about these schemes.

Further help

Community Legal Service Direct

Provides free information direct to the public on a range of common legal problems.

Call 0845 345 4 345

If you qualify for legal aid, you can also get free advice from a specialist legal adviser about benefits and tax credits, debt, education, employment and housing. You can also find a local legal adviser or solicitor.

Click www.clsdirect.org.uk to find out more.

Amnesty International

phone: in England: 020 7033 1500

in Wales: 029 2037 5610

www.amnesty.org.uk

Immigration Law Practitioners Association (ILPA)

For information on where to get help, ask for or look up the Directory of Members.

phone: 020 7251 8383

www.ilpa.org.uk

Immigration Advisory Service

www.iasuk.org

phone: 020 7967 1200 (head office)

See the website for local contact details throughout England and Wales

Law Society

The Law Society can give you details of solicitors who can offer legal representation in asylum cases.

phone: 0870 606 6575

www.solicitors-online.com

National Asylum Support Service

Frank Corrigan, 27 Old Gloucester Street,

Bloomsbury, London WC1N 3XX

www.asylumsupport.info

Office of the Immigration Services Commissioner (OISC)

phone: 0845 000 0046

www.oisc.org.uk

Refugee Legal Centre

phone: 020 7780 3200

www.refugee-legal-centre.org.uk

Another leaflet, ‘Legal Advice for People who are Detained by the Immigration Service’ has been produced by the Law Society, Law Society of Scotland, OISC, CLS and ILPA, and should be available through any of these organisations.

This leaflet was written in association with the Immigration Law Practitioners Association and Mick Chatwin, a barrister and solicitor specialising in immigration law.