Decisions about asylum applications

There are 5 possible decisions the Immigration Officer can make.

Decision 1: Refugee status

‘Refugee status’ means:

  • you have proved your claim for asylum, and
  • you can apply to bring your spouse and children under 18 years old into the UK using family reunion immigration route, and
  • you have leave to remain in the UK legally for 5 years, and
  • there are no restrictions on where you can live, working or claiming benefits.

After 5 years you have the right to apply to settle in the UK permanently. Choose Staying permanently below for help with this.

 

Decision 2: Humanitarian protection

‘Humanitarian protection’ means:

  • you have not proved your claim for asylum but you have proved you need protection, and
  • you can apply to bring your spouse and children under 18 years old into the UK using family reunion immigration route, and
  • you have leave to remain in the UK legally for 5 years, and
  • there are no restrictions on where you can live, working or claiming benefits.

After 5 years you have the right to apply to settle in the UK permanently. Choose Staying permanently below for help with this.

 

Decision 3: Discretionary leave to remain

Discretionary leave to remain means you can stay in the UK legally for 3 years. Normally there are no restrictions about working and claiming benefits.

Discretionary leave to remain for asylum seekers is not common. You might get it if you show:

  • you have made a new family in the UK, but it is hard to get proof about a new UK family in time, or
  • you have serious medical problems and you cannot get treated in your country of origin.

You have a right to appeal against this decision if you and your adviser think it is wrong. Choose Appealing decisions below for help with this.

 

Decision 4: Application refused but with a right to appeal

Your asylum application might be refused, but you are given the right to appeal against the decision. Choose Appealing decisions below for help with this.

 

Decision 5: Certified as completely unfounded

Your claim might be refused because it is certified as completely unfounded. ‘Completely unfounded’ means:

  • your country of origin is on the Home Office list of Certified Countries, or
  • you have not been honest in your application, or
  • there are too many discrepancies in your application.

‘Discrepancies’ means two or more facts in your case do not add up.

You have no right to appeal this decision. Speak to your adviser about what options you have if you get this decision.

 

How long will a decision take?

The Home Office tries to sort out all asylum applications in 6 months but it can take longer. If it takes 12 months or more you can apply for permission to work.

You will only get permission for specialist jobs like a doctor or scientist. But asking for permission to work is a way of chasing up the Home Office to get a decision on your application.

Get you adviser to write for permission if you have been waiting for more than 12 months.

 

Find a local adviser

 

Choose 1 of the 4 options below

Option 1 – Appealing decisions

Option 2 – Staying permanently

Option 3 – Support for asylum seekers

Option 4 – Accredited immigration advisers

 

Not found what you need?

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