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Seeking Asylum and Getting Refugee Status

The Asylum Process

Why do people migrate?

A migrant is someone who has moved from one country to another. There are different types of migration as people move for different reasons. For example, someone may leave their country and come to the UK:

-          To start a new job or to study (EEA citizen living in the UK/student)

-          To flee a war, persecution or violence (person seeking asylum/a person with refugee status).

-          Because they have been tricked, deceived or threatened (a victim of modern slavery).

For some more examples of why people migrate go to: I am a migrant

Who is a refugee?

A refugee is someone accepted by the government as meeting the criteria set out in 1951 United Nations Refugee Convention. They:

  • Must have well-founded fear (will it happen? It must be a real and future risk)
  • of persecution (what will happen? It must be of a requisite level of severity)
  • For a convention reason (why will it happen? It must be for a convention reason)
  • Must be outside their country of nationality or normal residence
  • Cannot get protection in own country (what will stop it happening? There must not be a sufficient level of protection and internal relocation cannot be an option)

More information about the 1951 Refugee Convention

Who is an asylum seeker?

Someone who has left their country of origin and formally applied to the government to be accepted as a refugee. They will have to prove they meet the criteria set out above.

More information about how decisions are made by the Home Office see The asylum process made simple

It is important to remember that we are not defined by our immigration status. Therefore people may not want to be labelled as an ’asylum seeker’ or ‘refugee’. Rather than using a label it is often better to ask someone if they are seeking asylum or if they have refugee status.

Getting refugee status in the UK:

Only a very small percentage of the world’s refugees come to the UK. There are two ways people can get refugee status in the UK: 

Seeking asylum:

Throughout the asylum process people can have the right to appeal negative decisions and submit further evidence. This can make the asylum process complex, and mean people are waiting a long time to receive a final decision.

A person can be detained indefinitely at any point during the asylum process, although for certain groups such as survivors of torture, they should only be detained in exceptional circumstances. The fear of detention can affect people’s mental health and make people fearful of authority.

Being part of a resettlement scheme (e.g. the Syrian vulnerable person’s resettlement programme):

Some people are part of a resettlement scheme and receive refugee status before they arrive in the UK (administered by the United Nations High Commissioner for Refugees- UNHCR). Therefore they do not need to claim asylum when they arrive. They will receive a package of support to help them resettle and live independently.  

Housing (Asylum Support)

When someone is waiting for a decision on their asylum application.

The Home Office provide accommodation for individuals who are waiting for a decision on their asylum application and can prove that they are destitute. They will not get to choose where they live in the UK.

SERCO have the contract for providing this accommodation in the North West. When someone is first moved to Liverpool they live in hostel type accommodation called ‘initial accommodation’ while they prove they are destitute. Once they have proven they are destitute, they are dispersed into long-term accommodation while they wait for a decision on their asylum case. SERCO are responsible for maintaining the accommodation and making any necessary repairs. 

When someone receives a positive decision on their asylum application.

When someone receives refugee status they become eligible for the same Local Authority housing support as a UK citizen. They have 28 days from receiving this decision to leave their SERCO accommodation and access mainstream housing support.

When someone receives a negative decision on their asylum application

If someone receives a negative decision on their asylum application they will usually have to leave their SERCO house, although there are exceptions.

For more information see Asylum support

Further information can be found at the No Accommodation Network 

Finance (Asylum Support)

When someone is waiting for a decision on their asylum application:

Individuals are not usually allowed to work while waiting for a decision on their asylum application. When an individual first arrives in Liverpool they will usually receive emergency support of £5 per day. If they can evidence that they are destitute they are eligible for Asylum Support of £37.75 per week, paid for by the Home Office. This money is loaded on an ASPEN card that can be used at cashpoints. This money will need to pay for necessities such as food, toiletries, clothing and transport.

The housing and financial support system is collectively known as Asylum Support (previously known as NASS) applications can be made by contacting Migrant Help  

When someone receives a positive decision on their asylum application

When someone receives refugee status, they are eligible for the same financial support as a UK citizen. They have 28 days from receiving the decision to find employment or access benefits, after that their Asylum Support will stop.

When someone receives a negative decision on their asylum application

If someone is refused asylum their Asylum Support will usually stop, although they may still be eligible for alternative support from the Home Office if they meet certain criteria.

For more information see Asylum support

Further information can be found at the Asylum Support Appeals Project (Fact sheets 2, 8 and 12 in particular).