Who Qualifies as an Asylum Seeker? Understanding the UK Immigration System

The modern world is complex and, therefore, today, many people need to escape the country of their citizenship because of war, violence, political persecution, or even the fear of danger to their lives. Such people can seek refuge in some other country, and they are popularly known as asylum seekers.

So, just what is an asylum seeker, and how does the system work in the UK? In this article, we are going to deconstruct all that you need to know about it in a very precise and true manner in accordance with the UK immigration system, that is to includes the current legislation and official processes. This guide is the trusted go-to resource whether you need support, you are on a research mission because a loved one has received a diagnosis, or you just want to know what is happening in the legal world.

What does Asylum Seeker mean?

An asylum seeker refers to an individual who has left his country of residence and has formally registered with another country as a refugee- in this scenario, the United Kingdom, but has yet to have his or her claim decided upon.

International protection is asylum granted to a person who, because of a well-founded fear of being persecuted, cannot return to his or her home country on the grounds of:

Race

Religion

Nationality

Political opinion

The belonging to a specific social group (e.g., LGBTQ+ persons, representatives of ethnic minorities, etc.)

It should be mentioned: an asylum seeker is not a refugee. A refugee is a person who has already received the status of asylum under international legislation.

Who is an Asylum Seeker in the UK?

The conditions that someone has to fulfill in order to acquire the status of an asylum seeker in the UK are listed in two documents, namely the 1951 Refugee Convention and the guidelines of the UK Home Office:

1. Live Outside Their Homeland

The person is required to be out of his or her nation, and the person is not in a position to go back because he/she fears suffering grave injury, or the individual fears that he or she might be persecuted.

2. Face a serious risk or Persecution

They should demonstrate that in case of returning, they would face threats because of their:

Religion or faith

Political affiliations

Nationality or ethnicity

Gender identity or sexual orientation

Incorporation of a certain social or cultural group

3. Operate ASAP

The UK Home Office anticipates that people to make claims as soon as they are in the country or as soon as they feel secure to. It can be delayed.

4. Not Be a Where a Person Is Not a Safe Third Country

The claim might be rejected or transferred, especially when the individual has crossed one of the so-called safe countries or in case he/she already have some protection in another EU member state (on the basis of the Dublin Regulation).

The procedure for applying for Asylum in the UK

Any individual who has the right to be considered an asylum seeker should go through a legal procedure of seeking asylum in the UK:

Step 1: Incoming into the UK

To claim asylum, the applicants should be within the UK. One can not seek asylum abroad.

Step 2: Make a Claim Registration

Making the asylum claim: inform a UK border officer or immigration official who normally works at the port of entry or the Asylum Intake Unit.

Step 3: Screening Interview

It is the first interview during which personal information, including the history of travel and personal asylum reasons, is gathered. The applicants will also be taken to photographed and fingerprinted.

Introduction to step 4: substantive Asylum Interview

This is a thorough interview during which the Home Office examines the claim made by the asylum seeker. It is important to give correct and harmonious information.

Step 5: Decision

The Home Office normally takes 6 months to come up with a decision, but intricate cases might take longer.

Asylum Seekers Support IN the UK

During their wait to be given a decision, asylum seekers have a right to:

Provision of Free legal services and representation (Legal Aid)

Board and lodging, and a little weekly support (when they are in poverty)

NHS doctors' access to healthcare

Childhood learning: Education of children below the age of 18

In order to receive asylum, asylum seekers are not allowed to work on their claim, unless the claim has exceeded 12 months and such delay was beyond their control.

Whom May An Asylum Be Denied?

An asylum claim can be rejected in cases:

The applicant is otherwise unable to show a genuine fear of persecution.

On circumstantial evidence, there is inadequate evidence.

The person has already been convicted of a major crime.

In a different nation, they have already been granted protection.

Those who have been refused asylum can have the case appealed, and a lawyer can be hired to assist in such cases.

The Legal Framework of the UK

The asylum and immigration policies in the UK are controlled by some major legal frameworks:

The Convention on the Rights of the Refugee (1951)

The Immigration Rules

NFBA 2022 The Nationality and Borders Act 2022

Human Rights Act 1998

These laws guarantee the UK attends to its international responsibilities while safeguarding national interests. One should always seek legal assistance from a certified adviser or an immigration lawyer when it comes to providing legal advice on a case-by-case basis.

Creating Trust: Your Rights Count

Knowing your rights as an asylum seeker is the key to obtaining what is to be expected: help and protection. The government of the UK is obliged to examine every case based on fairness, without nationality, ethnic affiliation, or individual history.

The credible legal institutions are:

Refugee Council

Asylum Aid

Citizens Advice

Networks of Migrants' Rights

... can give confidential, free advice and help during the whole process.

Frequently Asked Questions (FAQ)

1. Is it possible to claim asylum before entering the UK?

No, outside applications are not allowed in the UK.

2. Do asylum seekers have a right to work in the UK?

Not usually. Just in extraordinary circumstances, even 12 months after waiting for a decision.

3. What is the terror going through the asylum?

In a normal process, it can be in six months, but it may take longer in complex cases.

4. What occurs in case my asylum claim gets denied?

You can either appeal against the decision, leave on your own, or be ejected. The help of a lawyer is necessary.

Conclusion

An asylum seeker refers to an individual who is in dire need of refuge and protection, not a migrant, but an individual who faces legitimate and imminent threats against them. The evaluation of asylum claims in the UK is based on international law and human rights and is designed in a systematic way.

In case you or someone you know could potentially declare themselves as an asylum seeker, it is crucial to do it in advance, consult a lawyer, and know all the rights the UK immigration system allows you to have.