GETTING A DECISION ON ASYLUM: The UK Border Agency will consider each applicant’s account of persecution.
They will conduct a screening interview. The asylum seeker interview gives you an opportunity to offer any supporting evidence.
You must put forward your testimony and any evidence that supports your case. Your account helps to determine whether you meet the asylum eligibility criteria.
Asylum decisions also depend on the credibility of each individual case. The case owner needs to believe that the person’s account is credible.
Giving inaccurate facts or being inconsistent can damage the credibility of any application. It can also delay the asylum decision time after the interview.
As a rule, it takes up to 6 months to decide if your asylum application is successful. If you have a legal adviser they can get an update on your application.
In some cases it can take longer than six months. This happens most often where there are complications such as when:
- They need to verify your supporting documents.
- They want you to attend more interviews.
- They need to check your personal circumstances. Examples include those with a criminal conviction or those who are being prosecuted.
After the asylum decision gets made you will receive the verdict on their permission for you to stay in the UK. They will either grant you permission or refuse it. The asylum decision will result in one of 4 outcomes.
Granted Permission to Stay as a Refugee
Getting ‘leave to remain’ means you have qualified for asylum in the United Kingdom. You and your dependants have permission to stay as refugees for five (5) years in the United Kingdom.
Note: You would then be able to apply to settle in the United Kingdom after the end of the five year period. A different section explains ‘settlement: refugee or humanitarian protection’.
Granted Permission to Stay for Humanitarian Reasons
Those who do not get asylum in the UK may have permission granted to stay for humanitarian reasons. Permission to stay for humanitarian reasons is also called ‘leave to enter’.
Those who need it for their protection are most likely given ‘leave to enter’ or ‘leave to remain’. In this case, you and your dependants can stay for five (5) years in the United Kingdom.
Note: You can then apply to settle in the United Kingdom after the end of the five year period.
Given No Reason to Stay in the United Kingdom
They will ask anyone who does not qualify for asylum to leave the United Kingdom. This also applies when your caseworker decides there is no other reason for you to stay in the country.
The UK asylum rules may allow you to appeal against a visa or immigration decision. But, you must leave if you fail to appeal in the time allowed. The same applies if your appeal is unsuccessful. In these cases you can either:
- Leave the United Kingdom without outside intervention (by yourself). Certain organisations can help you return home.
- Be forced to leave the United Kingdom. But, you will receive a letter before this occurs. They can then detain you without warning at an immigration removal centre. The next step is removing any asylum seekers with no reason to stay in the United Kingdom.
Granted Permission to Stay for Other Reasons
What if you do not get permission to stay as a refugee or for humanitarian reasons in the United Kingdom? In some cases you can get permission to stay for other reasons.
Your particular situation would determine the length of time you can stay in the UK. But, in some cases you can apply to extend your stay near the end of your term. You may also apply for settlement in the United Kingdom for similar circumstances.
ALSO IN THIS SECTION
Applying for Asylum: A section with information on how to claim asylum in the United Kingdom.
Asylum Seeker’s Interview: Check how immigration staff conduct asylum screening interviews.
Asylum Registration Process: Registering a claim and giving information at a ‘screening unit’.
Child Applying for Asylum: A guide for unattended children who apply for asylum on their own.