What is an Asylum ?
An asylum is a legal protection granted to individuals who are unable or unwilling to return to their home country due to fear of persecution based on factors such as race, religion, nationality, membership in a particular social group, or political opinion.
Who may apply for this?
Anyone who wishes to stay in the UK due to a well-founded fear of persecution in their own country may qualify for Refugee Status. Your partner and children under 18 years (your dependants) who are with you in the UK can apply for asylum at the same time as you.
What are the requirements for leave to remain as a refugee?
- Unable to go back to your own country as you fear persecution due to:
- Political opinion
- Membership of a particular social group that puts you at risk because of social, cultural, religious or political situation in your country (gender, gender identity, sexual orientation)
- Will be unable to live safely in any part of your own country;
- Unable to receive protection from the state authorities in your own country.
How long will this be granted?
If your asylum application is successful, you will be granted leave to remain in the UK as a refugee for 5 years.
If you do not qualify for leave to remain as a refugee, however there runs a real risk that you would suffer serious harm if you were to return to your own country (death penalty, unlawful killing, torture, inhuman, degrading treatment or punishment, or serious and threat to life) you will be granted Humanitarian Protection for up to 5 years.
After holding refugee status or Humanitarian Protection status for up to 5 years, you can apply for indefinite leave to remain/settlement if you believe that you are still at risk of persecution or serious harm.
Family members outside the UK may apply to join you in the UK, if you have been granted leave to remain as a refugee or humanitarian protection. Family members who can join you in the UK (family reunion):
- Spouses, civil partners or unmarried partners;
- Under 18 children;
- Parents, grandparents, other dependent relatives 18 years or over.