Asylum is protection granted to people who cannot return to their home country because they face a real risk of persecution, serious harm, or human rights violations.
You may be eligible to claim asylum if you fear persecution for reasons such as:
- Race, religion, or nationality
- Political opinion
- Gender identity or sexual orientation
- Membership of a particular social group
- Other serious threats to your life or safety (e.g., armed conflict, risk of torture)
What is a Human Rights Claim?
If you are not eligible for asylum, you may still be able to remain in the UK under human rights law. Article 8 of the European Convention on Human Rights (ECHR) protects your right to private and family life.
A human rights claim may be appropriate if:
- You have family members in the UK (spouse, children, parents)
- You have lived in the UK for a long time and established strong community ties
- You would face inhuman or degrading treatment if returned to your home country
- You are seriously ill and cannot access adequate medical treatment in your country of origin
The Asylum and Human Rights Application Process
- Initial Screening – You will attend an appointment with the Home Office to provide your details, reasons for claiming protection, and supporting evidence.
- Asylum Interview – A more detailed interview where you explain your story and fears of returning home.
- Decision – The Home Office will decide whether to grant asylum, humanitarian protection, or refuse your claim.
- Appeals – If refused, you may have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
- Human Rights Assessment – Even if asylum is refused, your case may still be considered under Article 8 ECHR or other human rights provisions.
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Your Rights While Claiming Asylum
While your asylum or human rights claim is pending, you may be entitled to:
- Temporary accommodation and financial support
- Free access to the NHS
- Schooling for children
- Legal aid representation (depending on your case)
- Confidential handling of your case
Note: In most cases, asylum seekers cannot work while waiting for a decision unless the claim has been pending for over a year.
ICONIQ Solicitors does not offer legal aid for asylum claims.
The Asylum Process — Step by Step
Stage | What Happens | What You Should Do |
Screening | The Home Office will take your initial information: identity, reasons for fleeing, and health screening. | Be honest. Bring any documents you have. Ask for a translation if needed. |
Registration | You submit details of your claim, including fear of persecution. | Prepare country evidence, personal testimony. If possible, bring witness statements. |
Asylum Interview | A detailed interview about your experiences, fears, history. | Receive legal advice. Prepare well. |
Waiting | While your claim is processed, you’ll wait in asylum support/accommodation. Notice any reporting duties. | Keep contact details updated. Collect any further evidence. |
Decision | You’ll either be granted refugee status / humanitarian protection or refused. | Understand your rights, appeal if needed. |
Asylum vs Humanitarian Protection vs Human Rights Claims
Type of Claim | Who Qualifies? | Length of Leave | Rights Granted | Path to Settlement | Key Notes |
Asylum (Refugee Status) | People who have a well-founded fear of persecution due to race, religion, nationality, political opinion, gender, sexual orientation, or membership of a social group. | 5 years’ refugee status | Right to work, access to public funds, NHS, education, | Eligible for Indefinite Leave to Remain (ILR) after 5 years | Strongest form of protection, international recognition under Refugee Convention. |
Humanitarian Protection (HP) | Those who do not meet refugee criteria but face a real risk of serious harm (death penalty, torture, inhuman/degrading treatment, serious threat due to armed conflict). | 5 years’ leave | Right to work, access to public funds, NHS, education | Eligible for ILR after 5 years | Applied when persecution is not personal, but a general risk exists (e.g., war zones). |
Human Rights Claim (Article 8 ECHR & others) | People who cannot meet asylum/HP rules but removal would breach their human rights (e.g., family life, private life, medical needs). | Usually 2.5 years (renewable) | Limited leave, access to NHS & education, some may get benefits depending on status | Usually need 10 years’ continuous residence before ILR (sometimes 5 years if criteria met) | Focuses on right to family/private life rather than persecution. Often more evidence-based (relationships, medical reports). |