Asylum
The Asylum Application Process
At Lexify Solicitors, we understand that seeking asylum in the UK can be an overwhelming and complex process. Whether you’re already in the UK or currently abroad, our experienced immigration solicitors are here to guide you with empathy, expertise, and unwavering commitment.
Who is a Refugee?
The definition of a refugee is set out in the Refugee Convention, as amended. A refugee is someone who, due to a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion, is outside their country of origin and is unable, or unwilling due to that fear, to seek protection from that country.
Who is an Asylum Seeker?
An asylum seeker is someone who has applied for refugee status but whose claim has not yet been decided. They are seeking asylum in the UK on the grounds that returning to their home country would place them at risk of serious harm or persecution for the same protected reasons outlined above.
It is important to distinguish between a refugee and an asylum seeker. A refugee is recognised after a legal determination process, whereas an asylum seeker is awaiting the outcome of their application. Not all asylum seekers are granted refugee status, which makes having expert legal representation essential.
Challenges in Seeking Asylum in the UK
The UK asylum process is complex and can be emotionally draining. One of the key challenges is proving your claim to the Home Office, especially when evidence is hard to obtain due to the circumstances of your flight from your home country. Unfortunately, a significant number of claims are initially refused.
In many cases, the courts ultimately overturn the Home Office’s initial decision. According to the Refugee Council, 41% of asylum appeals were allowed in the year 2019, highlighting the importance of having skilled legal representation throughout the process.
At Lexify Solicitors, our immigration and asylum lawyers have an excellent track record of successfully representing asylum seekers.
Can I Apply for Asylum in the UK?
If you are in the UK and unable to return to your home country due to a well-founded fear of persecution, you may be eligible to claim asylum. Grounds for seeking asylum include persecution based on your race, religion, nationality, political opinion, or membership of a particular social group, which may include your sexual orientation.
At Lexify Solicitors, we have significant experience in handling complex asylum applications, including those based on sexuality and gender identity. We provide a safe, confidential, and supportive environment for all clients, ensuring your voice is heard and your case is presented with the utmost care.
How Do I Apply for Asylum in the UK?
To apply for asylum in the UK, you must show that you are at risk of serious harm if returned to your country of origin. This means proving that you have a well-founded fear of persecution for one of the protected reasons under the Refugee Convention.
Our team of asylum solicitors will work with you to prepare a detailed and compelling case. We will guide you through the necessary process, including:
•Gathering the supporting evidence
•Submitting your application to the Home Office
•And preparing for your screening interview and substantive interview
We understand that each asylum case is deeply personal and often traumatic. That is why we approach every client with compassion, professionalism, and expert legal guidance.
How Will My Asylum Case Be Prepared?
At Lexify Solicitors, we take great care in preparing your asylum application to give you the best possible chance of success. A strong and well-documented case is essential to demonstrate that you meet the legal requirements for refugee status in the UK.
As part of the preparation process:
•We will take a detailed instructions from you, allowing you to explain your personal circumstances, experiences, and the reasons behind your fear of returning to your home country.
•Our solicitors will compile a comprehensive bundle of supporting evidence, which may include evidence such as country expert reports, medical evidence (if relevant), and background documentation.
•You will receive ongoing support throughout the process to ensure you are fully informed and prepared.
After submitting your asylum application, the process involves two key interviews at the UK Home Office:
1.Screening Interview – This is a preliminary meeting with an immigration officer to confirm your identity and basic background details.
2.Substantive Interview – A more in-depth interview that focuses on the reasons for your asylum claim.
Our experienced immigration solicitors at Lexify Solicitors will explain to you what you can expect in both interviews.
What Documents Do I Need for an Asylum Application in the UK?
To apply for asylum in the UK, you must submit certain documents, especially during your initial screening interview. The documents you may need include:
•Passport(s) or travel documents (if available)
•Proof of identity, such as birth or marriage certificates
•Any documents that support your claim of persecution or fear of harm in your home country
•Evidence of your current address, such as:
- Council Tax letters
- Utility bills (gas, electricity, water)
- Tenancy agreements or official correspondence
•If you are staying with someone else, a signed letter from the person hosting you confirming you have permission to stay, along with:
- Their own proof of address (e.g. utility bills or Council Tax statements)
Providing complete and accurate documentation is crucial and the above is just an example of what may be required. Our team will advise you on what documents to gather and will help review and organize them to strengthen your asylum case.
How Long Can Asylum Seekers Stay in the UK?
According to the UK Home Office, asylum applications can be complex and there is no published timeframe for processing asylum claims. However, due to delays in the immigration system, many applications can take significantly longer.
While your asylum claim is being processed, and if you have any pending appeals, you are legally allowed to remain in the UK. This includes the period when your initial application is under review and during any appeal process that follows a refusal.
At Lexify Solicitors, we provide ongoing legal support for clients throughout the entire asylum process, ensuring you understand your rights and obligations while awaiting a decision.
What Happens If My Asylum Application Is Refused?
If the Home Office refuses your asylum application, you may have the right to appeal the decision to the First-tier Tribunal (Immigration and Asylum Chamber). This is your opportunity to have your case reviewed independently by an immigration judge.
However, there are exceptions:
•If the Home Office certifies your claim as “clearly unfounded”, you may be required to appeal from outside the UK.
•Certification is used in cases where the Home Office believes there is no basis for granting asylum or humanitarian protection.
Each asylum case must be assessed on its individual merits, and our experienced immigration solicitors at Lexify Solicitors can challenge certification decisions and prepare robust appeals on your behalf. We will represent you at every stage of the process, including court hearings if necessary.
Are Asylum Seekers Allowed to Work in the UK?
In most cases, asylum seekers in the UK are not permitted to work while their application is pending. However, if your claim has been under consideration for over 12 months without a decision, you may request permission to work in limited job roles listed on the Shortage Occupation List.
If you wish to apply for permission to work or volunteer, you must contact the Asylum Casework Team handling your application. At Lexify Solicitors, we can advise you on your eligibility and assist you in making the necessary representations to the Home Office to request permission to work.
Are Asylum Seekers in the UK Eligible for Benefits?
While you wait for a decision on your asylum claim, you may be eligible for asylum support, which includes:
•Accommodation
•Weekly financial assistance for essentials such as food and toiletries
•Free NHS healthcare
•Free state education for school-aged children
If your asylum claim has been refused, you may still be eligible for short-term support, particularly if you are preparing to return to your country or are unable to leave due to valid reasons.
How Long Does It Take to Get a Decision After the Asylum Interview?
The Home Office states that most asylum decisions are made within six months of the initial application. However, many cases take longer due to:
•The complexity of the case
•Delays in verifying supporting documents
•The need for additional interviews or evidence
At Lexify Solicitors, we ensure our clients are kept informed throughout the process and take proactive steps to address delays where possible.
What Are the Post-Brexit Safe Third Country Rules?
Following the UK’s departure from the EU, the Dublin III Regulation, which allowed the UK to return asylum seekers to the first EU country they entered, no longer applies.
The UK Government has introduced new admissibility rules aimed at preventing people from claiming asylum in the UK if they passed through a “safe third country” en route.
Despite leaving the EU, the UK remains a signatory to the Refugee Convention and continues to have a legal duty to offer protection to those fleeing persecution.
If an asylum claim is found to be inadmissible, the UK may transfer the applicant to a safe third country, on the condition that the receiving country agrees to accept responsibility for them.
How Lexify Solicitors Can Help You
At Lexify Solicitors, our expert immigration solicitors offer clear, practical legal support for all types of UK Student Visa applications and post-graduation immigration options. Whether you’re applying for a Student Visa for the first time, switching from another visa category, or looking to remain in the UK after completing your studies, we provide strategic, end-to-end guidance tailored to your situation.
We begin by carefully assessing your eligibility and advising you on the most appropriate visa route. Our team can assist you in preparing a fully compliant application and will draft a detailed legal representation to demonstrate how you meet the requirements set by the Home Office. We also support clients wishing to switch into the Student Visa category from another UK immigration route or extend their stay through post-study options such as the Graduate Route, the Skilled Worker visa, or the Innovator Founder visa.
Our goal is to ensure that your application is strong, accurate, and professionally presented to give you the best chance of approval. From initial consultation to submission, we are here to make your immigration journey as smooth and stress-free as possible.