Asylum & Human Rights
Asylum claims, humanitarian protection, and refugee status applications.
- Claim asylum in the UK
The asylum application process
The definition of “refugee” for the purposes of the Refugee Convention is contained in Article 1(A)(2) (as applied by the 1967 Protocol).
A refugee is a person who, owing to a well-founded fear of being persecuted for reasons of:
• race
• religion
• nationality
• membership of a particular social group
• political opinion
is outside their country of nationality and is unable, or unwilling, owing to that fear, to avail themselves of that country’s protection.
- Who is an asylum seeker?
An asylum seeker is a person who claims to be a refugee, but whose claim has not yet been evaluated.
They apply on the basis that returning to their country of origin would lead to persecution on account of race, religion, nationality, or political belief. They remain an asylum seeker while the application is pending.
Not every asylum seeker is recognised as a refugee. A key distinction is that “refugee” status depends on the outcome of the UK Government’s legal decision-making process, which can be lengthy and complex. We aim to support clients through that process.
- Challenges in seeking asylum in the UK
The UK asylum system is complex, and a major challenge is providing sufficient evidence to obtain protection.
Many claims are rejected. Home Office initial decision-making is often poor, and in many cases, protection is granted by the courts rather than at first instance.
At UK Visa Solutions, we are particularly skilled at assisting with claims, providing a supportive environment that enables full disclosure and the effective presentation of evidence.
Fresh claim
- What is the further submission process?
The further submission process allows individuals to provide further representations in support of their asylum or human rights case after:
•refusal of the case, or
•withdrawal of an earlier protection case.
Further submissions must be considered under paragraph 353 of the Immigration Rules.
- How can I make further submissions to the Home Office?
Since 16 August 2021, further submissions on protection grounds must be made in person at one of the specified service and support centres.
The Home Office uses an appointment-only system. To make an appointment, you must call Further Submissions First.
- What should I bring to the appointment?
All documentary evidence requiring consideration must be submitted. The Home Office does not require dependants of the principal claimant to attend.
In exceptional circumstances, further submissions on protection grounds may be accepted by email or post if the solicitor can provide supporting evidence justifying waiver of the in-person requirement (e.g. detention).
- What if I wish to make further submissions on human rights grounds?
Further submissions on non-protection grounds (e.g. Article & family/private life) should be made on a valid application form:
• FLR(FP) or
• FLR(O)
depending on the circumstances.
- Will I be interviewed?
There is no mandatory interview for further submissions. Decisions can be made on the documents alone.
- What is the criterion for considering further submissions?
The caseworker considers the new information alongside previous material and assesses whether the submissions amount to a fresh claim.
Submissions that simply repeat information already considered may not qualify and may be rejected.
- What is the legal test for a fresh claim?
Under paragraph 353, submissions amount to a fresh claim if they are significantly different from material already considered.
They are only significantly different if both apply:
1.They have not already been considered; and
2.Taken with previously considered material, they create a realistic prospect of success before the tribunal on protection or human rights grounds.
Humanitarian protection
- The difference between refugee status and humanitarian protection
Both are forms of international protection that can give a person the right to work, study, and access benefits.
Humanitarian protection is usually granted where the Home Office decides the person is not entitled to refugee status. In some cases leave may also be granted on a discretionary basis.Refugee status requires meeting the Article 1 definition in the 1951 Refugee Convention. If that definition is not met, the applicant may still be considered for humanitarian protection.
- Immigration rules covering humanitarian protection
Paragraph 339(c) requires an applicant to establish a real risk of serious harm if returned.
Unlike refugee status, the risk does not need to be for a Convention reason (race, religion, etc.). Those at risk of indiscriminate violence may qualify. This can be relevant for people fleeing war zones (e.g. Sudan), where humanitarian protection may be the appropriate argument.
- Conditions of humanitarian protection
Those who applied after 28 June 2022 and are granted humanitarian protection receive temporary humanitarian protection, meaning:
• Leave is typically 2.5 years
• Settlement is possible after 10 years
• Family reunion is permitted only where there are insurmountable obstacles to continuing family life elsewhere
Stateless person application
The UK provides for the acquisition of citizenship for some stateless persons under the UN Convention on the Reduction of Statelessness, but this applies only to a limited category.Others may fall under Home Office policy guidance on statelessness, ensuring compliance with the UN Stateless Convention, and providing a route for those who:
• are stateless,
• have no other right to remain, and
• cannot be removed.
Statelessness can occur due to discrimination against ethnic/religious groups or the emergence of new states. It has serious consequences, and we assist clients seeking to apply on this basis.
- Procedure to apply as a stateless person in the UK
You can apply if both apply:
1.You are not recognised as a citizen of any country; and
2.You are unable to live permanently in any other country.
You must be in the UK to apply. If you cannot return to another country due to fear of persecution, you should claim asylum first.
If successful, you are granted leave to remain for five years, and can apply for settlement at the end of that leave. Applications are made online.
A common group we advise are Bidoons (notably in Kuwait), long-term residents denied citizenship and rendered stateless through systemic discrimination.
- Can a stateless person register as a British citizen?
• Form S2: for stateless persons born outside the UK/Overseas Territories on or after 1 January 1983, for certain territories (Channel Islands, Isle of Man, BOTs).
• Form S3: for stateless persons born in the UK or an overseas territory after 1 January 1983.
• Others generally must apply via naturalisation.
- How to submit a stateless application
Use online form FLR(S) (free of charge), relying on the 1954 Convention relating to the Status of Stateless Persons.
Immigration Rules paragraphs 401–416 (Part 14) provide the framework.
An interview may be required if the form lacks sufficient information, but where evidence is strong, an interview is often unnecessary.
The burden of proof remains with the applicant, who must cooperate and provide sufficient evidence.
- Processing time
There is no fixed timeline. Applicants will usually be asked to attend a Service Support Centre appointment for biometrics and document checking.
Submitting strong evidence early helps. Home Office guidance includes (non-exhaustive) evidence such as:
•Applicant testimony (written/oral)
•Responses from foreign authorities on nationality status
•Identity documents (birth certificate, ID card, voter registration, passports, travel docs including expired)
•Evidence of attempts to acquire nationality
•Naturalisation certificates or renunciation documentation
•Prior state responses about nationality
•Marriage certificate
•Military records/discharge papers
•School records•Medical certificates
•Identity/travel documents of parents/spouse/children
•Immigration documents (residence permits)
•Employment documents, property deeds, tenancy agreements
Applicants applying after 6 April 2019 must show not only that they are stateless and not admissible elsewhere, but also that they have made every effort to acquire nationality or admissibility to another country.
Because stateless applications do not generally attract a right of appeal (only administrative review), it is important to raise a human rights claim alongside the stateless application to secure a right of appeal.
- Stateless applications (summary of rule requirements)
To succeed, the applicant must show a reasonable degree of likelihood that they are not a national of any State whose nationality they might have acquired.
Key requirements include:
1.A valid application for limited leave as a stateless person
2.Recognition as stateless under paragraph 401
3.Not admissible to the country of former habitual residence or any other country
4.Submission of all reasonably available evidence to allow the Home Office to determine statelessness
Refugee settlement
You may be eligible for indefinite leave to remain (ILR) if you have permission to remain as a:
•refugee, or
•person with humanitarian protection.
This status allows you to live, work, and study without a time limit and access public funds. It can also lead to British citizenship.
- Cost
There is no fee for applications under refugee/humanitarian protection settlement (also applies to a partner’s child).
- How to apply
Apply online using:
• SET (Protection Route) or
• SET (P)
All mandatory sections must be completed. Applicants must provide biometrics and prove identity/nationality (BRP or travel documents). Applicants must be in the UK on the date of application and cannot travel until further leave is granted.
- Earliest time to apply
Applications can be made 28 days before leave expires. Late applications can be valid, but applying before expiry is important to extend conditions (e.g. right to work and access public funds) during decision-making, which can take up to six months.
- Suitability requirements
Caseworkers assess suitability, including criminal convictions.
Any criminal conviction, including non-custodial sentences, can lead to mandatory refusal unless a specified rehabilitation period has passed (dependent on sentence length). Serious convictions may also lead to revocation of status under paragraphs 339AE or 339AC (Part 11).
- Safe return review
Home Office policy requires a safe return review in every case to assess whether protection is still needed. The policy lists five circumstances that may lead to the refusal of settlement.
Examples
- Reapplying for a national passport
Refugees should use Refugee Convention travel documents. Applying for/renewing a national passport may be treated as re-availing of home state protection, risking revocation/refusal.
- Return to the country of origin
Travel back may suggest the person is no longer at risk, leading to refusal.
- Significant and non-temporary change in the country of origin
Caseworkers consider current conditions using Country Policy and Information Notes.
- Changes in personal circumstances
Personal changes may affect whether the return is now safe.
- Evidence that the original grant may not have been correct
Relevant where there is evidence of misrepresentation regarding decisive material facts in the original grant decision.