Sensitive and Respectful Advice
We understand that asylum cases can involve traumatic, personal and confidential circumstances.
Immigration SolicitorsAsylum and Protection
Asylum and Protection Solicitors
RakLAW Solicitors provides clear, sensitive and practical advice for people seeking protection in the UK.
Our asylum solicitors and lawyers can assist with asylum claims, humanitarian protection, fresh claims and further submissions, protection-status reviews, family-route questions and Home Office decisions affecting people who fear returning to their country.
Asylum cases are highly personal and can involve difficult experiences, urgent safety concerns and complex evidence. The outcome depends on the individual facts, the reason for the feared harm, the protection available in the country of origin and whether the legal requirements are met.
Asylum and Protection Advice in the UK
A person may claim asylum if they have left their country and cannot safely return because they fear persecution.
The feared persecution must relate to race, religion, nationality, political opinion or another risk connected with the social, cultural, religious or political situation in the country, which can include gender, gender identity or sexual orientation. The person must also be unable to obtain effective protection from the authorities in their country.
An asylum claim should normally be made on arrival in the UK or as soon as the person believes it would be unsafe to return. Delay can affect how the Home Office assesses the claim, although the individual reasons for any delay remain relevant.
A claim is registered at an asylum screening. If the Home Office decides that the claim can be considered in the UK, the claimant will usually attend a substantive asylum interview before a decision is made.
Some claimants are invited instead to a Single Protection Interview, which combines the screening appointment and the asylum interview into one appointment, so the claim is registered and the basis of the claim is assessed on the same day. GOV.UK says this may apply to nationals of an EU country, an EEA country, Switzerland, the USA, Canada, Japan, South Korea, Australia and New Zealand. The claim is not registered until that interview is attended, and a decision may follow it, so evidence and legal representation need to be in place for the first appointment rather than prepared between two appointments.
Which Asylum and Protection Service Do You Need?
Asylum Claims
An asylum claim may be appropriate where a person is in the UK or at a UK port of entry and fears persecution if returned to their country. The Home Office considers why the person is at risk, whether effective state protection is available and whether the person could live safely elsewhere in that country.
View Asylum Claim AdviceHumanitarian Protection
Humanitarian protection may be considered where a person does not qualify for refugee status but there are substantial grounds for believing that they would face a real risk of serious harm if returned. Under paragraph 339CA of the Immigration Rules, serious harm consists of the death penalty or execution, unlawful killing, torture or inhuman or degrading treatment or punishment in the country of origin, or a serious and individual threat to a civilian's life or person by reason of indiscriminate violence in a situation of international or internal armed conflict.
View Humanitarian Protection AdviceFresh Asylum Claims and Further Submissions
Further submissions may be relevant where an earlier protection or human-rights claim was refused, withdrawn or treated as withdrawn and there is no longer a pending appeal. If the Home Office rejects the submissions, it must consider whether they amount to a fresh claim. The material must be significantly different from what was considered previously and, taken with the earlier evidence, create a realistic prospect of success.
Further submissions cannot simply be posted or emailed. Paragraph 353AA of the Immigration Rules requires the person to attend an in-person appointment at a Service and Support Centre. Paragraph 353AB requires them, at that date, to be in the UK, to be a failed asylum seeker, and to have no outstanding asylum or protection claim or appeal before the Home Office, the First-tier Tribunal, the Upper Tribunal or any court. Under paragraph 353AC, submissions that do not meet these validity requirements may be rejected as invalid and not considered at all, so the fresh claim test is never reached.
View Fresh Asylum Claim AdviceProtection Status Reviews and Further Permission
People who have refugee status or humanitarian protection may need advice before their current permission expires or where the Home Office is reviewing whether protection is still required.
For most asylum claims and further submissions lodged on or after 2 March 2026, the normal initial grant after refugee status or humanitarian protection is 30 months. Specified unaccompanied asylum-seeking children normally receive five years, and longer grants are made only in exceptional circumstances. Different arrangements apply to earlier claims.
Applications for further permission or settlement may involve a safe-return review based on conditions in the country of origin at the date the application is considered.
View Protection Status AdviceFamily Routes for People with Protection Status
Appendix Family Reunion (Sponsors with Protection) is currently closed to new applications. Transitional provisions continue for eligible applications made before 3pm on 4 September 2025.
While the closure remains in force, a partner must normally apply under Appendix FM, and a child may need to consider Appendix FM or Appendix Child Relative. A child seeking to join a qualifying close relative with protection status may, in appropriate circumstances, use Appendix Child Relative (Sponsors with Protection). The correct route depends on the relationship, the sponsor's status and the rules in force when the application is made. Where the sponsor has been granted 30 months' permission on a protection route, a partner granted permission under Appendix FM is granted permission for a period which ends on the same date as the sponsor's permission, matching the time the sponsor has left.
View Family Route AdviceAsylum Appeals and Protection Refusals
Where a protection claim is refused, the decision letter should be reviewed promptly. Many protection refusals carry a right of appeal, but certification and other statutory provisions can affect whether and where an appeal may be brought. The deadline and procedure depend on the particular decision.
Detailed tribunal and refusal advice sits under the Visa Refusals and Appeals section.
View Asylum Appeal AdviceAsylum and Protection Route Finder
Find the Right Asylum or Protection Service
Answer a quick question and we will point you to the asylum or protection service that best fits your situation. Nothing is submitted and no details are stored.
Understanding Refugee Status and Humanitarian Protection
Refugee status and humanitarian protection are related but legally distinct outcomes.
Refugee status is generally considered where a person has a well-founded fear of persecution for a reason covered by the Refugee Convention and cannot obtain effective protection in their country.
Humanitarian protection is considered where the person does not qualify as a refugee but would face a real risk of serious harm if returned.
The Home Office may consider:
- The claimant's identity and nationality.
- The events that caused the person to leave and why they believe they remain at risk.
- Who is responsible for the threatened harm.
- Whether authorities in the country can provide effective protection.
- Whether the claimant could live safely elsewhere in the country.
- The consistency and credibility of the account.
- Relevant documents, medical evidence and country information.
- Previous travel, immigration history and earlier accounts.
- Whether exclusion or other legal issues arise.
Each case must be assessed on its own facts. A difficult situation in a country does not automatically mean that every person from that country qualifies for protection.
Evidence and Common Issues in Asylum Claims
Evidence depends on the individual circumstances. A claimant should provide relevant documents where they are reasonably available, but the absence of one particular document does not automatically decide the claim.
Depending on the case, evidence may include:
- Passports, travel documents and national identity documents.
- Birth, marriage, school, employment or official records.
- Police, court or government documents.
- Threatening messages, photographs or correspondence.
- Political, religious or organisational membership evidence.
- Medical or psychological evidence.
- Witness statements and evidence of family circumstances.
- Evidence relating to gender, sexuality or another personal characteristic.
- Reliable material about conditions in the country of origin.
- Evidence explaining travel history or delay in claiming asylum.
Foreign-language documents submitted for the asylum interview must be translated into English and identify the translator. Original passports, birth certificates and national identity cards must normally be sent to the Home Office before the interview where the person has them, and further evidence may be requested.
Common issues can include differences between the screening account and later evidence, delay in claiming asylum, unavailable documents, interpretation problems, previous immigration applications, disputes about identity or nationality, safe-third-country questions, internal relocation, criminality and exclusion concerns.
Evidence should be reviewed carefully and presented in the context of the complete claim.
How the UK Asylum Process Works
- 01 Register the asylum claim
A claim is registered at an asylum screening. The claimant will normally be photographed, fingerprinted and asked about identity, country of origin, travel, family members and the broad reason for claiming asylum. Relevant documents and medical information should be provided where available. Some claimants are invited instead to a Single Protection Interview, which combines the screening appointment and the asylum interview into one appointment, so the claim is registered and the basis of the claim is assessed on the same day. The claim is not registered until that interview is attended, and a decision may follow it, so evidence and legal representation need to be in place for the first appointment rather than prepared between two appointments.
- 02 Home Office consideration after screening
The Home Office considers whether the claim can be examined in the UK. The claimant may be given reporting requirements and other instructions while the claim is pending and must keep contact details up to date.
- 03 Prepare supporting evidence
The claimant should identify and provide evidence relevant to their history, feared persecution, risk on return and personal circumstances. The evidence should support the legal basis of the claim rather than simply form an unstructured bundle.
- 04 Attend the substantive asylum interview
The interview allows the claimant to explain what happened, why they fear return and anything else they want the Home Office to consider. An interpreter can be provided. A legal representative may attend, although the interview can proceed if the representative is absent. Most interviews take place by video, and video interviews are recorded. In some cases, including claims by EEA or Swiss nationals and claims the Home Office considers clearly unfounded, a decision can be made without a substantive interview, so early advice matters. Attendance matters. If the claimant cannot attend, the Home Office must be told as soon as possible before the interview and in any event no more than 7 days after the date of the missed appointment, with medical evidence where illness is the reason. Under paragraph 333C(b)(v) of the Immigration Rules a claim may be treated as implicitly withdrawn where the claimant fails to attend a personal interview required under paragraph 339NA, unless they show within a reasonable time that the failure was beyond their control. A withdrawn claim is not considered at all, and a new application would be needed.
- 05 Receive the Home Office decision
The Home Office may grant refugee status, grant humanitarian protection, grant another form of permission where appropriate, or refuse the protection claim. The decision should explain the outcome and any appeal rights.
- 06 Review the next step
If protection is granted, the person should understand the duration and conditions of permission and any future application requirements. If the claim is refused, the decision and deadline should be reviewed immediately. The next step may involve an appeal, further submissions, judicial review or another immigration application, depending on the facts.
Permission to Stay After Protection Is Granted
Claims lodged on or after 2 March 2026
Most people granted refugee status or humanitarian protection will normally receive an initial 30 months' permission to stay on a protection route. Qualifying unaccompanied asylum-seeking children and certain people who would have met that definition before turning 18 normally receive five years. Longer permission is granted only in the most exceptional circumstances.
Earlier claims
Different permission arrangements apply to claims and further submissions lodged before 2 March 2026. The person's claim date and any transitional provisions must be checked rather than assuming that the current 30-month rule applies.
Further permission and safe-return reviews
Permission on a protection route does not renew itself. Paragraphs 339QAA and 339QBA of the Immigration Rules provide that an application for further permission to stay should be made within the last 28 days of the current permission, and under paragraph 339QC a dependant's application should be made at the same time as the main applicant's. Anyone who does not apply before their permission expires becomes an overstayer and loses the entitlements attached to permission on a protection route, including permission to work. On an application for further permission or, where eligible, settlement, the Home Office may conduct a safe-return review to consider whether protection is still required.
When Legal Advice Is Especially Important
Legal advice may be particularly important where:
- The person has not yet registered their asylum claim or there has been a substantial delay.
- The person entered or travelled through another country.
- The account involves trauma, torture, sexual violence or exploitation.
- Identity or nationality is disputed.
- Documents are unavailable or considered unreliable.
- The claimant gave different information in an earlier immigration application.
- The case involves gender, sexuality, religion or political activity.
- The claimant is a child or vulnerable adult.
- Medical or psychological evidence is relevant.
- The Home Office questions credibility.
- There is criminality, an exclusion issue or another serious suitability concern.
- The claim was withdrawn or treated as withdrawn.
- An earlier claim was refused and new evidence may support further submissions.
- Protection permission is approaching expiry or status may be reviewed or revoked.
- A partner or child needs separate immigration advice.
- The person has received a refusal or appeal decision.
Asylum matters can involve strict procedures, difficult evidence and serious consequences. Advice should be based on the complete circumstances rather than a general online checklist.
How Our Asylum Solicitors Can Help
Our asylum solicitors and lawyers can:
- Assess the basis of a proposed asylum or protection claim.
- Explain the distinction between refugee status, humanitarian protection and other immigration routes.
- Advise before or after asylum screening.
- Review immigration and travel history.
- Identify relevant documentary, medical and country evidence.
- Prepare witness statements and legal representations.
- Advise on vulnerability and safeguarding issues.
- Prepare clients for their asylum interview.
- Attend the interview where appropriate and permitted.
- Address credibility concerns and inconsistencies.
- Advise on fresh claims and further submissions.
- Review protection status and further-permission issues.
- Advise family members of people with protection status.
- Review refusals and possible appeal rights.
- Link the matter to human-rights, detention, bail or removal advice where necessary.
Our role is to explain the legal position, identify strengths and risks, and help present the claim clearly. No solicitor can guarantee the outcome of a Home Office or tribunal decision.
Why Choose RakLAW Solicitors?
Clear Legal Assessment
We explain the difference between asylum, humanitarian protection, human-rights applications and other immigration routes.
Careful Preparation
We help organise the account and evidence around the relevant legal issues rather than relying on a generic document list.
Regulated Legal Support
RakLAW Solicitors Ltd is regulated by the Solicitors Regulation Authority and lists immigration among its areas of legal work.
Honest Expectations
We do not promise outcomes. We explain possible risks, evidence issues and next steps clearly.
Asylum and Protection FAQs
Who can claim asylum in the UK?
A person may claim asylum if they have left their country and cannot safely return because they fear persecution for a Refugee Convention reason. The person must normally be unable to obtain effective protection and unable to live safely elsewhere in that country.
Where is an asylum claim made?
A person can claim asylum at the UK border on arrival. A person already in the UK must contact the asylum registration appointment line and attend a screening appointment. The claim is not registered until the screening takes place and the claim is accepted.
Should I wait before claiming asylum?
GOV.UK says a person should claim on arrival or as soon as they believe it is unsafe to return. Delay can affect the assessment, although the reasons for the delay should be considered in the individual case.
What happens at an asylum screening?
The Home Office normally records identity, nationality, family details, travel information and the broad reason for the claim. Photographs and fingerprints are usually taken, and the claimant can provide documents and relevant medical information.
What happens at an asylum interview?
The claimant is asked to explain their experiences, why they fear return and all matters they want the Home Office to consider. An interpreter can be provided, a legal representative may attend, and the claimant receives an interview record. Attendance matters: if the claimant cannot attend, the Home Office must be told as soon as possible before the interview and in any event no more than 7 days after the date of the missed appointment, with medical evidence where illness is the reason. Under paragraph 333C(b)(v) of the Immigration Rules a claim may be treated as implicitly withdrawn where the claimant fails to attend a personal interview required under paragraph 339NA, unless they show within a reasonable time that the failure was beyond their control, and a withdrawn claim is not considered at all.
What is humanitarian protection?
It may be granted where a person does not qualify as a refugee but would face a real risk of serious harm if returned. Under paragraph 339CA of the Immigration Rules serious harm consists of the death penalty or execution, unlawful killing, torture or inhuman or degrading treatment or punishment in the country of origin, or a serious and individual threat to a civilian's life or person by reason of indiscriminate violence in a situation of international or internal armed conflict.
Can my partner and children be included in my asylum claim?
A partner and children under 18 who are with the claimant in the UK may be included as dependants, and under paragraph 349 of the Immigration Rules an adult dependent partner with legal capacity must consent to being treated as a dependant when the application is lodged. If the claim succeeds, dependants usually receive permission for the same period. A dependent child is different from a dependent partner: a child included on a parent's claim is generally treated as having made an asylum claim in their own right, so the child's own protection needs must be considered, and where the child is at risk of persecution or serious harm the Home Office must normally grant the child refugee status or humanitarian protection. It is therefore important to put the child's own reasons for fearing return before the Home Office, while a dependent partner is not given refugee status or humanitarian protection unless they claim asylum in their own right and that claim succeeds.
How long is protection permission granted for?
For most successful claims lodged on or after 2 March 2026, the normal initial period is 30 months. Qualifying unaccompanied children normally receive five years. Different arrangements apply to earlier claims and specified exceptional cases.
Can refugees still apply for family reunion?
Appendix Family Reunion is closed to new applications made after 3pm on 4 September 2025, pending review. Depending on the circumstances, a partner or child may need to consider Appendix FM or Appendix Child Relative.
What is a fresh asylum claim?
After an earlier protection or human-rights claim has been refused or withdrawn and any appeal is no longer pending, a person may make further submissions. They amount to a fresh claim only where the material is significantly different and creates a realistic prospect of success when considered with the earlier evidence. Further submissions cannot simply be posted or emailed: paragraph 353AA of the Immigration Rules requires an in-person appointment at a Service and Support Centre, and paragraph 353AB requires the person, at that date, to be in the UK, to be a failed asylum seeker, and to have no outstanding asylum or protection claim or appeal before the Home Office, the First-tier Tribunal, the Upper Tribunal or any court. Under paragraph 353AC, submissions that do not meet these validity requirements may be rejected as invalid and not considered at all, so the fresh claim test is never reached.
Can an asylum refusal be appealed?
Many protection refusals carry a right of appeal, but certification and other statutory rules can affect the right. The decision letter must be checked immediately for the remedy and deadline.
Can I work while my asylum claim is pending?
A person claiming asylum is not usually allowed to work while waiting for a decision. Limited permission-to-work rules may apply in some cases, so current eligibility should be checked separately.
Can I receive housing or financial support?
Asylum support, including accommodation and financial assistance, is not automatic. It must be applied for separately on form ASF1, sent to the asylum support casework team, and under section 95 of the Immigration and Asylum Act 1999 it is only provided where the person appears to be destitute or likely to become destitute. Support does not run from the date the asylum claim was registered: it follows the decision on the support application, and under section 98 of the same Act temporary support may be provided while that application is being decided.
Can an asylum solicitor guarantee that my claim will succeed?
No. A solicitor can advise on the law, evidence and procedure, but the decision is made by the Home Office and, where an appeal is brought, the tribunal.
Related Immigration Services
Speak to an Asylum Solicitor
An asylum claim can affect your safety, immigration position and future in the UK. It is important to understand the correct legal basis, provide relevant evidence and address possible issues before important interviews or decisions.
RakLAW Solicitors can review your circumstances, explain your options and help you prepare the next stage of your asylum or protection matter.
Need help with an asylum or protection matter? Request a call back and tell us briefly what you need advice on.