Seek protection or asylum
Application and support
Claim asylum in the UK
To be eligible, you must have left your country and be unable to go back because you fear persecution.
More information
You must apply for asylum if you want to stay in the UK as a refugee.
To be eligible, you must have left your country and be unable to go back because you fear persecution.
Find out more about who is eligible to claim asylum.
Apply for a visa if you want to come to the UK for another reason (for example to work, study or remain with family). If you’re already in the UK and want to remain with family living here, apply for a family of a settled person visa.
You should apply when you arrive in the UK or as soon as you think it would be unsafe for you to return to your own country. Your application is more likely to be denied if you wait.
When you apply you’ll have a meeting with an immigration officer (known as a ‘screening’).
After your screening the Home Office will decide if your claim can be considered in the UK. If it can, you’ll have an asylum interview with a caseworker.
You’ll usually get a decision on your application within 6 months.
You can get up to 2 years in prison or have to leave the UK if you give false information on your application.
Waiting for your decision
You’ll be told after your screening what you must do while you’re waiting for your asylum decision, for example report to a caseworker regularly (known as ‘reporting meetings’).
You must tell the authorities if your situation changes.
You will not usually be allowed to work while your asylum claim is being considered.
Help you can get
You can get help with:
- getting legal representation for your asylum claim
- living in the UK while you wait for your decision
Children applying on their own
You can apply as a child on your own if you do not have an adult relative who is also claiming asylum.
To stay in the UK as a refugee you must be unable to live safely in any part of your own country because you fear persecution there.
If you’re stateless, your own country is the country you usually live in.
This persecution must be because of:
- your race
- your religion
- your nationality
- your political opinion
- anything else that puts you at risk because of the social, cultural, religious or political situation in your country, for example, your gender, gender identity or sexual orientation
You must have failed to get protection from authorities in your own country.
When your claim might not be considered
Your claim might not be considered if you:
- are from an EU country
- travelled to the UK through a ‘safe third country’
- have a connection to a safe third country where you could claim asylum
Generally, a safe third country is one that:
- you’re not a citizen of
- you would not be harmed in
- would not send you on to another country where you would be harmed
Family members
You can include your partner and your children under 18 as ‘dependants’ in your application if they’re with you in the UK.
If your application is successful, any dependants named on it can usually stay for the same amount of time as you. They will not get refugee status unless they make their own claim for asylum.
Refugee status means someone is protected by the Refugee Convention. They can, for example, apply for family reunion or apply for a refugee integration loan.
You’ll need documents for yourself and your dependants (partner and children under 18) for your asylum screening.
Documents you should bring (if you have them) include:
- passports and travel documents
- identification documents, for example identity cards, birth and marriage certificates or school records
- anything you think will help your application
Documents to prove your UK address
If you’re already in the UK, you and your dependants must bring documents that prove your UK address.
You’ll need different documents depending on whether you’re living in your own accommodation or staying with someone else.
Living in your own accommodation
You’ll need to provide documents showing your full name and address. This could be a:
- bank statement
- housing benefit book
- council tax notice
- tenancy agreement
- household bill
Staying with someone else
You’ll need to provide:
- a recent letter (less than 3 months old) from the person you’re staying with to confirm you have their permission to stay
- documents showing the full name and address of the person you’re staying with, like a council tax notice, tenancy agreement or household bill
You register your asylum claim at a ‘screening’. This is a meeting with an immigration officer where you tell them about your case.
You’ll have your screening at the UK border if you claim asylum as soon as you arrive. You can also be screened once you’re in the UK if you become eligible for asylum.
At your screening you’ll:
- be photographed
- have your fingerprints taken
- have an interview to check who you are and where you’re from
You’ll be asked why you want asylum. You can bring written evidence to support your claim if you want, as well as any other documents you need.
You’ll need to say if you or your dependants are taking any medication and give any relevant medical information.
You can ask for a male or female interviewer, but your choice might not always be available.
Screening at the UK border
You must tell a Border Force officer that you want to claim asylum.
Your application will be registered and you’ll be screened – ask for an interpreter if you need one.
Screening in the UK
You must call the asylum intake unit if you’re already in the UK.
They’ll call you back and ask simple questions about you and your family. You will not be asked why you’re claiming asylum during this telephone call.
You’ll be asked if you need help with housing. You might also be asked questions relating to coronavirus (COVID-19).
The call may take up to 30 minutes.
Asylum intake unit appointments line
Telephone: 0300 123 4193
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm
Find out about call charges
You do not need to make an appointment if you have nowhere to live – call the asylum intake unit to find out what asylum registration location you should go to and its opening hours.
Tell the asylum intake unit if you need any other dependants on your claim to be present at any stage of your asylum registration, for example the welfare interview, or if you’re a child and need to be accompanied. You can ask to have an interpreter at your screening.
Your appointment might be in a temporary location.
Attending your appointment
Because of coronavirus, attend your appointment alone or with any dependants claiming asylum with you.
If you’re helping a child register their own asylum claim, only you can go with them to their appointment.
You must bring the documents you need for your application.
You must also bring any dependants (partner and children under 18) who are claiming asylum with you.
If you show up without an appointment, you may be asked to come back another day.
You cannot get financial help for travel to or from the asylum intake unit.
Tell the appointment service if your situation changes before your appointment date, for example if you can no longer stay where you are living.
After your screening, the Home Office will review your case and decide whether it can be considered in the UK.
You’ll be sent an asylum registration card (ARC) to your UK address, unless you’ve been detained.
If the Home Office cannot send you an ARC immediately, they’ll send you an appointment letter telling you what to do next.
You might also be sent a ‘preliminary information questionnaire’. If you get one, fill it in and return it by the deadline – the address and deadline are written on the letter that comes with the questionnaire. If you cannot fill it in, call the Home Office asylum team. Their phone number is on the letter.
If your case can be considered in the UK, it will be given to a caseworker.
If your case cannot be considered in the UK
You may be sent to a safe country that will consider your asylum claim. This might happen if you’ve travelled to the UK through a safe third country or you have a connection with another country that you could claim asylum in.
Generally, a safe country is one that:
- you’re not a citizen of
- you would not be harmed in
- would not send you on to another country where you would be harmed
The Home Office can decide to send you to a safe country after either your screening or your asylum interview.
If the Home Office cannot place you in another safe country, your case will be considered in the UK and given to a caseworker.
Caseworkers
You’ll have an asylum interview with your caseworker. They’ll make a decision about your application.
They’ll also explain the asylum process and tell you what to do while you wait for an asylum decision, such as go to regular reporting meetings.
You may be detained if you do not go to your reporting meetings.
Tell your caseworker if you have any special needs, for example if you have a disability or need medication.
Your ARC
The ARC shows you’ve applied for asylum. You can use it to:
- show who you are
- show whether you have permission to work
- get health or education services
You must take your ARC with you when you go to your reporting meetings.
If you do not have your ARC
Contact the Home Office using the online form if you have any problems – for example:
- you’ve not got your ARC through the post
- you’ve lost it
- it’s been stolen
- it’s expired
You’ll be asked to give your Home Office or port reference number, and your ARC reference (if you know it).
Being detained
You may be detained at an immigration removal centre while you wait for a decision on your application.
You’ll either be:
- released if you get permission to stay in the UK
- held until you’re removed from the UK if you do not get permission to stay
You can also be detained and removed if it’s decided that another country is responsible for offering you asylum.
You may be able to appeal against the decision.
When you will not be detained
You will not usually be detained if:
- you’re a child
- you’re elderly
- you’re a family with children
- you’re pregnant
- you’re accepted as being a victim of trafficking
- you’re able to provide independent evidence of torture
- you have a mental or physical condition that cannot be managed or would present a risk to others in an immigration removal centre
Your asylum interview will take place soon after your screening.
Your application will usually be rejected if you do not go to your asylum interview.
You’ll get a letter telling you when and where to attend and if any of your dependants also need to be interviewed.
The interview
You’ll usually be interviewed alone, without your family members. An interpreter will be provided, if you need one.
The information you provide will be treated in confidence and will not be disclosed to the authorities in your own country.
Use this interview to explain:
- how you were persecuted in your country
- why you’re afraid to go back to your country
You may be asked questions about difficult topics but it’s important that you explain what has happened to you and your family.
You must tell the caseworker everything you want them to consider or it can count against you.
Bring all the evidence you have of your persecution. You may be asked to send further evidence to your caseworker after the interview, if they think it might help your application.
You should also bring your birth certificate, passport and medical records if you have them.
Your caseworker will make notes in a document called an ‘interview record’. You’ll get a copy of this at the end of the interview.
Legal representative
You can bring a legal representative to this interview, for example a lawyer or solicitor. Find out if you can get help paying for legal advice about asylum.
Your interview will take place even if your legal representative is not there. You cannot ask for more time to get a legal representative.
You can ask for this interview to be tape recorded if you do not have legal representation. Ask your caseworker at least one day before.
Your application will usually be decided within 6 months. It may take longer if it’s complicated, for example:
- your supporting documents need to be verified
- you need to attend more interviews
- your personal circumstances need to be checked, for example because you have a criminal conviction or you’re currently being prosecuted
Ask your legal adviser if you want an update on your application.
You’ll be given or refused permission to stay in one of the following ways.
Permission to stay as a refugee
If you’re granted refugee status, you’ll be classed as a Group 1 or Group 2 refugee.
You’ll be a Group 1 refugee if you meet all of these conditions:
- you came to the UK directly from a country or territory where your life or freedom was threatened
- you made your claim for asylum without delay
- the authorities accept your reason for any illegal entry or stay in the UK
Otherwise, you’ll be a Group 2 refugee.
You can read about how applications are decided.
If you’re a Group 1 refugee
You may be given permission to stay in the UK for a minimum of 5 years.
This is known as ‘refugee permission to stay’. The exact amount of time depends on how your application is assessed.
After 5 years, you can apply to settle in the UK.
If you’re a Group 2 refugee
You may be given permission to stay in the UK for a minimum of 30 months.
This is known as ‘temporary refugee permission to stay’. The exact amount of time depends on how your application is assessed.
After 10 years, you can apply to settle in the UK under long residency rules.
Dependants of Group 1 and Group 2 refugees
Any dependants (partner and children under 18) included in your application usually get permission to stay for the same amount of time as you.
Dependants of Group 1 refugees can apply to settle in the UK as family after 5 years.
Dependants of Group 2 refugees can apply to settle in the UK as family under long residency rules after 10 years.
Dependants are not given refugee status unless they make their own claim for asylum.
Refugee status means someone is protected by the Refugee Convention. They can, for example, apply for family reunion or apply for a refugee integration loan.
Permission to stay for humanitarian reasons
You may get humanitarian protection and permission to stay for humanitarian reasons if you do not qualify for refugee status. This means you need to stay in the UK for your protection, but for reasons not covered by the Refugee Convention.
You and your dependants may be given permission to stay in the UK for a minimum of 30 months. This is known as ‘temporary humanitarian permission to stay’.
After 10 years, you can apply to settle in the UK under long residency rules.
Permission to stay for other reasons
You may get permission to stay for other reasons if you do not qualify for permission to stay as a refugee or for humanitarian reasons.
How long you can stay will depend on your situation.
You may be able to apply to extend your stay or settle in the UK towards the end of your stay.
No reason to stay
You’ll be asked to leave the UK if you do not qualify for refugee status and your caseworker decides there’s no other reason for you to stay.
You may be able to appeal against the decision.
You’ll have to leave if you do not appeal in the time allowed, or if your appeal is unsuccessful. You can:
- leave by yourself – you can get help with returning home
- be forced to leave – you’ll get a letter before this happens, then you may be detained without warning at an immigration removal centre and then removed from the UK
You can get help from asylum helplines run by charities.
They can help with:
- explaining your asylum claim, for example getting a solicitor or lawyer to represent you
- living in the UK while your claim is being considered, for example getting asylum support, housing problems, dealing with agencies or finding English language classes and schools
Legal advice
You can get legal advice to help your asylum claim.
Housing and money
You may also be able to get housing and money (‘asylum support’) to support you and your family. If you qualify, this will only start on the day you register your asylum claim.
Help returning home
You may be able to get help with returning home.
This information is for children applying on their own.
If you have an adult relative who’s claiming asylum you should apply as part of that relative’s application instead.
You’re not in the care of social services
You should use the walk-in service at the asylum intake unit.
If you have an adult who is legally responsible for you
The adult who is taking responsibility for your care must attend the walk-in service at the asylum intake unit with you.
If you’re living with several relatives the closest blood relative willing to take responsibility for you must attend.
The adult must provide proof of address and photo ID (passport or driving licence).
If you do not have an adult who is legally responsible for you
You should go to the police or social services, or you can walk into the asylum intake unit.
You’re in the care of social services
You must book an appointment at the asylum intake unit by calling the appointment booking line.
Asylum intake unit appointments line
Telephone: 0300 123 4193
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm
Find out about call charges
You’ll need the following information when you book your appointment:
- your name, date of birth and nationality
- the number on your passport or national identity document, if you have one – or the number on your birth certificate if you do not
- your foster carer’s name and contact details
- details of any medical conditions you have
Indefinite leave to remain (refugee, humanitarian protection or Discretionary Leave)
You may be able to apply for indefinite leave to remain (ILR) if you have refugee status or humanitarian protection (sometimes called ‘settlement protection’)
More information
You may be able to apply for indefinite leave to remain (ILR) if you have:
- refugee status or humanitarian protection (sometimes called ‘settlement protection’)
- Discretionary Leave
Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.
Family members
Your family members may also be able to apply.
Partners and children in the UK
If they’re already in the UK as your dependant, you may be able to include your partner or child in your application. This includes children born in the UK.
If your application is successful, your family members will usually have permission to stay in the UK for the same length of time as you.
Partners and children outside the UK
Your family members may be able to apply to be reunited with you in the UK if your family was formed before you left your country.
If you formed your family after you left, they must first apply for a visa to join you in the UK. This also applies if they’re not eligible to apply as your partner or child.
If you care for an adult relative
Your adult dependent relative can apply if all the following are true:
- they’re over 18
- they have a family visa as an adult dependent relative
- you have refugee status or humanitarian protection
They must apply separately – you cannot include them on your application.
Make your applications at the same time. Your adult dependent relative’s visa will expire if you’re granted ILR.
Fees
There’s no fee if you’re a refugee, a person with humanitarian protection or their partner or child.
If you have Discretionary Leave it costs £2,404 for you and each other person you include in your application. You’ll each need to have your biometric information (fingerprints and a photo) taken – there’s no fee for this.
Getting a decision
You’ll usually get a decision within 6 months.
If you have Discretionary Leave and you paid to use the ‘super priority service’, you’ll get a decision within 2 working days. Working days are Monday to Friday, not including bank holidays.
If you have refugee status or humanitarian protection you cannot use the ‘super priority service’.
You must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.
You’ll be contacted if your application is complex and will take longer, for example:
- if your supporting documents need to be verified
- if you need to attend an interview
- because of your personal circumstances, for example if you have a criminal conviction
If your application is approved
You can do the following:
- work
- run a business
- study
- use public services, such as healthcare and schools
- apply for public funds (benefits) and pensions
- apply for British citizenship, usually after a minimum of 12 months
Travelling outside the UK
You can travel outside the UK using a Home Office travel document.
You can lose your indefinite leave to remain if you:
- travel back to the country you sought asylum from
- stay outside the UK for more than 2 years – you may need to apply before you can return to the UK
If your application for indefinite leave to remain is refused
If your application is refused and you still need humanitarian protection, Discretionary Leave or are a refugee, you might still be able to stay in the UK. Your decision letter will explain what you’ve been offered instead of indefinite leave to remain.
You must have a residence card if you’re a refugee or person with humanitarian protection.
If you have Discretionary Leave you must still meet the eligibility criteria for it. Check your documents to see what your criteria are.
The eligibility criteria are different if you’re applying as an adult dependent relative.
Time in the UK
You can apply after 5 years in the UK as either someone with refugee status or humanitarian protection.
If you have Discretionary Leave, you can apply after:
- 6 years if you were first given Discretionary Leave on or before 8 July 2012
- 10 years if you were first given Discretionary Leave from 9 July 2012
Your family members may be eligible for indefinite leave to remain if you have refugee status, humanitarian protection or Discretionary Leave. Your family must both:
- already be in the UK
- have formed before you left your country
If your family members cannot get indefinite leave to remain because they’re not in the UK, they may be able to join you another way. They can either:
- apply to be reunited with you (if you formed your family before you left)
- apply for a family visa (if you formed your family after you left)
Eligibility
Family members are:
- your partner (husband, wife, civil partner or the person you’ve been in a genuine relationship with for 2 years before applying to settle)
- your child or children – born in the UK or abroad
You need to provide evidence of your relationship – check the form when you apply.
Your family members must either have been given permission to be in the UK with you:
- as your dependant, at the same time you were granted refugee status, humanitarian protection or Discretionary Leave
- using the family reunion route
A child of yours born in the UK who is not a British citizen is also eligible.
You can include your partner and children under 18 on your application form.
You can include your children who are 18 or over if they were living in the UK as your dependant before they turned 18.
Other exceptions
You cannot include a partner or other dependant who:
- already has permission to be in the UK in another category
- is currently in the UK without permission
They may be able to apply for indefinite leave to remain some other way.
You should apply during the last month of your current permission to be in the UK.
You must apply online. The form you use depends on your situation.
Once you’ve started your application, you can save your form and complete it later.
You’ll be told what documents you need to provide when you apply. You’ll usually get a decision within 6 months.
If you have refugee status or humanitarian protection
Apply as a refugee or person with humanitarian protection.
If your partner or children are eligible, you can include them in your application. They can also choose to apply separately.
Proving your identity
If you’re 18 or over and applying alone, you’ll need to use the ‘UK Immigration: ID Check’ app’ to scan your Biometric Residence Permit (BRP). You’ll also create or sign in to your UK Visas and Immigration (UKVI) account.
If you’re under 18 or are applying with family members, you’ll need to have your fingerprints and photograph (biometric information) taken at a UK Visa and Citizenship Application Services (UKVCAS) point.
If your partner and children are applying separately from you
If you have refugee status or humanitarian protection, your:
- partner can apply separately
- child can apply separately
As part of their application, your partner and children will need to prove their identity with their fingerprints and a photograph (biometric information) at a UK Visa and Citizenship Application Services (UKVCAS) point.
If you have Discretionary Leave
The form you use to apply depends on why you got Discretionary Leave.
You either:
- apply if you were refused asylum
- apply if your non-asylum application was refused
It costs £2,404 for each person applying.
Get a faster decision on your application
If you got Discretionary Leave after your non-asylum application was refused, you can choose to use the super priority service to apply for indefinite leave to remain.
It costs an extra £800 to use this service. You’ll get a decision either:
- by the end of the next working day after providing your biometric information, if your appointment is on a weekday
- 2 working days after providing your biometric information, if your appointment is at the weekend
Working days are Monday to Friday, not including bank holidays.
Providing biometric information and supporting documents
When you apply, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo).
Any children aged 6 and over who are applying on your form must also provide biometric information.
You’ll also need to submit your supporting documents. You can:
- upload them to the online service
- have them scanned at your UKVCAS appointment
Your partner or child may be able to join or stay with you in the UK if:
- you were part of a family before you were forced to leave your country
- you have refugee status, 5 years’ humanitarian protection or settlement on protection grounds but do not yet have British citizenship
If you formed your family after you left your country, your partner or child must first apply for a visa to join you in the UK. This also applies if they’re not eligible to apply as your partner or child.
Your partner or child cannot join you if:
- you have not received a decision on your asylum claim
- you’re under 18
If their application is successful, your family members will be allowed to come to or stay in the UK with the same permission as you.
Eligibility
Your partner and any children must meet the following requirements.
Partner
Your partner is someone you’re in a genuine relationship with. You must be able to prove one of the following:
- you’re married
- you’re in a civil partnership
If you’re not married or in a civil partnership, your partner may be able to join you if both:
- you were given refugee status or humanitarian protection on or after 9 October 2006
- you’ve lived together in a relationship like a marriage or civil partnership for at least 2 years
You and your partner must intend to live together and continue your relationship after they apply.
Children
Your child is:
- under the age of 18
- going to live with you and your partner
- not married or in a civil partnership
Apply outside the UK
Your partner or child must apply online for family reunion.
You can apply on behalf of your child but, in most cases, your partner must make their own application.
They’ll also have to complete application form VAF4A with Appendix 4.
They’ll need to have their fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of their application.
North Korea
Your partner or child cannot apply online if they’re applying from North Korea.
They need to download application form VAF4A with Appendix 4. The form includes guidance about how to fill it in.
They can also check instructions for finding a visa application centre if they’re in North Korea.
Apply in the UK
Your partner or child can apply to stay with you in the UK if all the following are true:
- you have refugee status or humanitarian protection in the UK
- they’re making their first application to stay with you and they’re already in the UK
- they can prove their relationship pre-dates your departure from your home country because of persecution
They must apply by letter to:
UKVI Family Reunion Team
Admin Team
7th Floor
Capital Building
Liverpool
L3 9PP
Providing biometric information and supporting documents
When your family member applies, they’ll be asked to make an appointment at a Service and Support Centre to provide their biometric information (their fingerprints and a photo) and have their supporting documents checked.
Fees
There’s no fee for applying for family reunion for eligible family members.
Refugee integration loan
A Senior or Specialist Worker visa allows you to come to or stay in the UK to do an eligible job at your employer’s UK branch. This visa has replaced the Intra-company Transfer visa, previously the Tier 2 (Intra-company Transfer) Long-term Staff visa.
More information
You can apply for a refugee integration loan to pay for things like:
- a rent deposit or rent
- household items
- education and training for work
You must be over 18 and one of the following:
- a refugee
- you have humanitarian protection
- a dependant of a refugee or someone with humanitarian protection
You can apply for the loan either by yourself or with your partner.
Integration loans are interest-free – you only pay back what you borrow, but you must make regular payments.
Contact your local Jobcentre Plus before applying for this loan to see if you can get help with training, education, work, living or childcare costs – you may be able to get this help for free.
If you’re applying by yourself, you can borrow between £100 and £500.
If you’re applying with your partner, you can borrow between £100 and £780.
What you can use your loan for
You can only use the loan for things that are essential to help you to settle into UK society, including:
- a housing deposit, rent payment or moving costs
- essential items for your home
- training or education
- basic living costs (such as food or household bills)
- work clothing and equipment
What you cannot use your loan for
You cannot use the loan to pay for certain things, including:
- debts
- travel costs for family members to join you in the UK
You may be asked to prove how you spent the loan. You may have to repay it in full straight away if you do not use it for the reason you said on your application.
The loan will be paid directly into your bank or building society account.
Repaying the loan
If your application is successful, you’ll be sent a loan agreement which will tell you how to repay the loan.
You will not have to start repaying the loan until 6 weeks after you get the money.
How much your repayments are and how you pay will depend on your circumstances. You may have to pay more and in a shorter time if you start working and your benefits change.
For example, if you’re receiving Universal Credit, you’ll pay back up to £25 a month. If you work full-time, you’ll need to pay back £50 a month.
Your loan will not usually affect any income-related benefits you get unless you have more than £6,000 in savings.
You must tell Jobcentre Plus if you get an integration loan.
You must be over 18 and one of the following:
- a refugee
- you have humanitarian protection
- a dependant of a refugee or someone with humanitarian protection
You can also apply for a joint loan with your husband, wife or partner.
You cannot apply if you:
- are under 18
- are an asylum seeker who’s been allowed to settle by a decision outside the Immigration Rules
- have had an integration loan before, including a joint loan
Your application may be refused if you’ve been convicted of a criminal offence since you arrived in the UK.
You must apply online for an integration loan.
To apply you’ll need your:
- biometric residence permit (BRP)
- Home Office reference number
- bank or building society account details
You’ll also need to provide your National Insurance number. If you do not have one, you must apply for one at your local Jobcentre Plus before you apply for an integration loan.
If you’ve already applied by post or email
You can no longer apply by post or email. If you sent an application by post or email before 18 May 2020 your application will still be reviewed. You do not need to do anything.
Get more help
Your local refugee community organisation can help you with your application and filling in the form.
You can also contact the integration loan team.
Integration loan team
Integrationloan@homeoffice.gov.uk
After you’ve applied
You’ll get a decision within 4 weeks.
If your application is successful, you’ll get an email or letter asking you to accept a loan agreement. After you accept the agreement, you’ll receive your loan payment.
If you have not been contacted about your application after 4 weeks, email the integration loan team.
Find an immigration adviser
Immigration advisers can help you with most things to do with immigration, including helping you to fill in the right forms and representing you at a tribunal.
More information
You can get immigration advice from an immigration adviser if you need help with getting permission to stay in the UK.
Immigration advisers can help you with most things to do with immigration, including helping you to fill in the right forms and representing you at a tribunal. They do not make immigration decisions.
Check if the adviser is registered and if they charge a fee before you use them.
If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein, you might still be able to apply to the EU Settlement Scheme if you were living in the UK by 31 December 2020. The deadline to apply for most people was 30 June 2021. You can apply if you have ‘reasonable grounds’ for not applying by the deadline – for example, you had an illness or were the victim of domestic abuse.
Find a registered immigration adviser
Use the Office of the Immigration Services Commissioner (OISC) Adviser Finder to find a registered adviser near you.
All immigration advisers must be registered with OISC or be a member of an approved professional body.
If you want legal help
You can find solicitors who give immigration advice through:
- The Law Society if you live in England or Wales
- The Law Society of Scotland
- The Law Society of Northern Ireland
A solicitor can help manage your case and find a barrister.
If you’re managing your own case but want legal advice or advocacy, you can find a barrister through:
- The Bar Council’s Direct Access scheme if you live in England or Wales
- The Faculty of Advocates if you live in Scotland
- The Bar of Northern Ireland
Regulating immigration advisers
OISC regulates immigration advisers and makes sure they meet certain standards. For example, advisers must:
- carry insurance against giving poor advice
- keep up to date with current immigration advice
OISC maintains a register of the immigration advisers that they regulate.
Make a complaint
You can complain about an immigration adviser if you think you’ve had a bad service.
You cannot get your money back if an adviser is not regulated.
Suspended immigration advisers
You can see a list of people who are banned from acting as immigration advisers.
Immigration advisers are only allowed to give you advice on things they’re qualified to help you with.
You can see what advice they can give you by their ‘level’. There are 3 levels.
Check an immigration adviser is allowed to give you the advice you need before you use them.
Only a level 3 adviser can appear on your behalf at an immigration tribunal.
Level 1 – advice and assistance
A level 1 adviser can give you advice on simple cases, for example getting a business visa extension when you have no problems with work and all necessary documents.
Level 1 advisers can advise you on:
- entry clearance
- leave to enter
- leave to remain
- nationality and citizenship
- EU and EEA law
Level 2 – casework
Level 2 advisers can do everything that Level 1 advisers can do, but can also accept more complicated cases.
You may want to use a level 2 adviser if you’ve had problems in the past with immigration and want permission to remain in the UK.
Advisers in this category can also help:
- with claims for asylum and human rights applications
- get your visa application decision reviewed (an ‘administrative review’)
- if you entered the UK illegally or stayed after your visa expired
- if you’re being removed or deported
Level 3 – advocacy and representation
Level 3 advisers can do everything that Level 1 and 2 advisers can.
They can also appear on your behalf at an immigration tribunal. In certain situations they can help you if you go to court.
When you hire an immigration adviser:
- find out how much they charge and if you’ll have to pay them
- get a signed and dated receipt if you pay them any money
- ask how much you’ll have to pay if you decide you do not want to use them any more
- agree a fee before they do any extra work for you
Some advisers do not charge a fee. If they do not charge, you’ll still have to pay for any expenses like translation costs and application fees.
Legal aid can help pay for legal advice or representation at a court or tribunal – check if you’re eligible.
Your adviser must give you a letter immediately after you hire them saying:
- what work they’re doing for you
- how much you’ll be charged
- how you’ll pay them
You can complain to the Office of the Immigration Services Commissioner (OISC) about either:
- bad service you received from an adviser registered with OISC
- immigration advice you received from an unregulated person
You can also ask someone to make a complaint on your behalf, for example a friend, solicitor or voluntary organisation.
There’s a different way to complain about a legal adviser registered with a professional body but not regulated by OISC.
What you can and cannot complain about
You can complain about:
- poor advice or service
- unreasonable fees
- an adviser claiming you’ll be successful
- an adviser charging for work not done
- an adviser missing deadlines or failing to appear in court
You cannot make a complaint about:
- how long your immigration application has taken
- something that’s already part of an ongoing legal action
- a refund or compensation
- Home Office staff
- a person or organisation outside the UK
You usually cannot make a complaint about something that happened more than 12 months ago – OISC will decide whether or not to investigate depending on the situation.
OISC may refer your complaint elsewhere if you complain about a solicitor or barrister.
How to complain about an adviser regulated by OISC
The easiest way to complain is to:
- download and fill in the complaints form
- include any documents that are relevant with your complaint
- send the complaints form and documents to complaints@oisc.gov.uk or by post to the address on the form.
The form is available in different languages and your complaint can be translated if needed.
You can get help from OISC staff to fill in the complaints form, but they cannot write your complaint for you.
Complain by letter
You can also make a complaint by sending a letter or email.
You need to provide as much detail as you can about who you’re making the complaint against and what the complaint is about.
Office of the Immigration Services Commissioner
Email: complaints@oisc.gov.uk
Telephone: 0345 000 0046
Find out about call charges
Office of the Immigration Services Commissioner
Complaints Team
OISC
PO Box 567
Dartford
DA1 9XW
How to complain about an unregulated adviser
You can email the OISC to report someone giving immigration advice who is not regulated by either the OSIC or another approved body.
OISC
info@oisc.gov.uk
Get help with your complaint
You can get support and advice from the:
- Refugee Council England
- Welsh Refugee Council
- Scottish Refugee Council
- Citizens Advice Northern Ireland
What happens next
You’ll get a letter within 5 days of making your complaint telling you how it’s going to be dealt with.
You’ll get a letter with a decision on your case within 5 months of making your complaint.
The OISC may decide to:
- take action against the adviser, for example warn the adviser about their conduct
- refer the complaint, for example if it’s about a solicitor or barrister
After you've applied
Apply for a Home Office travel document
You can apply for a document to travel outside the UK if you are not British or you cannot use or get a passport from your country’s national authorities
More information
You can apply for a document to travel outside the UK if:
- you are not British
- you cannot use or get a passport from your country’s national authorities
- your country’s national authorities cannot give you a new passport
It may take longer than usual to get a decision on your application. This is because of the invasion of Ukraine. Do not book travel until you get your travel document.
If you’ve already applied
It’s taking longer than usual to return supporting documents because of the invasion of Ukraine.
If you changed address after you submitted your application, contact the Home Office immediately to let them know. If you do not, your documents may be sent to the wrong address.
Email the Home Office travel document enquiries team with ‘Change of address’ and your name in the subject line.
Home Office travel document enquiries
traveldocumentenquiries@homeoffice.gov.uk
Eligibility
To apply you must be living in the UK because of one of the following:
- you have permission to stay as a refugee
- you have humanitarian protection and it has been officially accepted that you have a fear of your country’s national authorities
- you are not recognised as a citizen of any country (a ‘stateless person’) and you have permission to stay (known as ‘leave to remain’) or are settled in the UK (known as ‘indefinite leave to remain’)
- you have permission to stay (known as ‘leave to remain’) or are settled in the UK (known as ‘indefinite leave to remain’), but you cannot get a passport or travel document from your country’s national authorities
You must be in the UK when you apply.
You can apply for a refugee travel document if either:
- you have refugee status in the UK
- you originally came to the UK on a family reunion visa to join someone who has refugee status
How long it will be valid for
Your document will usually be valid for up to 10 years if you’re settled in the UK (known as having ‘indefinite leave to remain’). If you have permission to stay (known as ‘leave to remain’), your document will usually be valid up to 5 years.
If you’re 15 or under, the document will usually be valid for up to 5 years.
Countries you can travel to
You can usually travel to all countries except:
- the country you’re from
- any country you sought asylum from
Before you travel
Check which documents you’ll need before you book your travel.
Ask the authorities of the country you’re visiting or travelling through if:
- the country accepts refugee travel documents
- you need a visa to enter the country
Fees
It costs:
- £75 for adults (it’s free if you were born before 1 September 1929)
- £49 for children 15 or under
You can apply for a stateless person’s travel document if you have been recognised as stateless in the UK.
How long it will be valid for
Your document will usually be valid for up to 10 years if you’re settled in the UK (known as having ‘indefinite leave to remain’). If you have permission to stay (known as ‘leave to remain’), your document will usually be valid up to 5 years.
If you’re 15 or under, the document will usually be valid for up to 5 years.
Countries you can travel to
You can usually travel to all countries on a stateless person’s travel document.
Before you travel
Check which documents you’ll need before you book your travel. Ask the authorities of the country you’re visiting or travelling through if:
- the country accepts UK stateless person’s travel documents
- you need a visa to enter the country
Fees
It costs:
- £75 for adults (it’s free if you were born before 1 September 1929)
- £49 for children 15 or under
You can apply for a certificate of travel if one of the following is true:
- you have permission to stay (known as ‘leave to remain’) or are settled in the UK (known as ‘indefinite leave to remain’), and you have been refused a passport or travel document by your country’s national authorities
- you are in the UK with humanitarian protection and it’s been officially accepted you have a fear of your country’s national authorities as part of your asylum application
- you are in the UK on a family reunion visa because you’ve joined someone who has humanitarian protection
- you were born in the UK as the child of someone with refugee status and you have permission to stay but do not have refugee status yourself
- you have an important reason to travel and your country’s national authorities are unable to issue you with a passport or emergency travel document quickly
Proving you have an important reason to travel
You must provide evidence of why you need to travel urgently, as well as evidence that your passport or emergency travel document application was refused.
The following situations are examples of valid reasons why you might need to travel urgently:
- essential employment, business or educational trips (but not holidays)
- compelling or compassionate reasons – for example, a family member is seriously ill or has died
- religious reasons
Proving you have been ‘unreasonably refused’ a travel document
Depending on your circumstances, you might need to prove that you’ve applied for a passport from your country’s national authorities and your application was ‘unreasonably refused’.
You must provide evidence of this if one of the following is true:
- you do not have permission to be in the UK as a refugee or stateless person
- you have humanitarian protection but it has not been officially accepted that you have a fear of your country’s national authorities
Your application is not considered ‘unreasonably refused’ if one of the following is true:
- you applied incorrectly or without enough supporting evidence to confirm your identity and nationality
- you are required to complete military service in your home country
- you have a criminal record in your home country
- you did not comply with tax rules in your home country
You do not have to prove that you’ve been ‘unreasonably refused’ a passport if one of the following is true:
- you have been granted humanitarian protection and it’s been officially accepted you have a fear of your country’s national authorities
- you must be in your country to apply for a passport
- your country’s national authorities cannot issue passports in the UK or send an application to your own country to be processed
How long it will be valid for
A certificate of travel is usually valid either:
- for up to 5 years if you’re settled in the UK (known as having ‘indefinite leave to remain’)
- until the end of your permission to stay in the UK (known as having ‘leave to remain’)
It may be shorter if it’s being issued for exceptional reasons.
Countries you can travel to
You can usually travel to most countries with a certificate of travel.
If you have been given humanitarian protection because it’s been accepted you have a fear of a country’s national authorities, you cannot travel to that country.
Before you travel
Check which documents you’ll need before you book your travel. Ask the authorities of the country you’re visiting or travelling through if:
- the country accepts certificates of travel
- you need a visa to enter the country
Fees
It costs:
- £280 for adults
- £141 for children 15 and under
You can apply for a one way travel document if you meet all of the following criteria:
- you are not a British citizen
- you do not have a valid passport or travel document from the country you’re from
- you are not in the process of being deported from the UK
- you want to leave the UK permanently
- you do not have outstanding criminal proceedings in the UK
You do not need to be settled in the UK (known as having ‘leave to remain’) to apply.
How long it will be valid for
The document will be valid for 12 months from the date it’s issued. It’s for a single journey out of the UK – you cannot use it to come back.
Before you travel
Check which documents you’ll need before you book your travel. Ask the authorities of the country you’re visiting or travelling through if:
- the country accepts one way travel documents
- you need a visa to enter the country
Fees
It costs:
- £75 for adults
- £49 for children 15 and under
Each family member must apply for their own travel document separately.
If your child is not a British citizen
If your child is not a British citizen, they may be able to apply for a travel document if all of the following are true:
- they have the same permission to stay in the UK as their parents
- they have a biometric residence permit (BRP)
- they meet the relevant eligibility criteria for the travel document they’re applying for
If your child was born in the UK
Your child may be able to become a British citizen, and be entitled to a British passport, if they were born in the UK to a parent who:
- was settled in the UK (known as having ‘indefinite leave to remain’) on the date of the child’s birth
- was a British citizen on the date of the child’s birth
If you have less than 6 months’ permission to stay in the UK (known as ‘leave to remain’), you need to extend it before you apply for a travel document.
If you have a biometric residence permit (BRP), make sure it has not expired and all the details are correct before you apply for a travel document.
You’ll need to:
- apply for a replacement BRP if yours has expired
- contact the team that issued your BRP if your details are not correct (their contact information will be on your letter or email notification)
Apply
The type of travel document you can apply for depends on what kind of permission to stay you have – for example, if you have refugee status or are recognised as stateless.
You can find what kind of permission to stay you have on your BRP or your Home Office decision letter.
If you apply for the wrong type of travel document, your application will be refused and you will not get a refund. You’ll have to submit a new application and pay the fee if you want to apply again.
It’s taking longer than usual to process applications because of the invasion of Ukraine.
How to apply
To apply for a travel document you need to:
- complete the online form
- send supporting documents by post
You can get help with completing the online form if you:
- do not feel confident using a computer or mobile device
- do not have internet access
You cannot get immigration advice through this service.
Send supporting documents by post
You’ll be told in the online application:
- which documents to send
- where to send them
You’ll need to send original documents.
Do not send your BRP – you’ll need to keep this as proof of identity.
If you have a compassionate reason for travelling
If you urgently need a travel document for compassionate reasons, send additional supporting evidence by email. Compassionate reasons for travelling include:
- you are seriously ill
- a family member or friend is seriously ill or has died
- you – or someone you care for – need to travel abroad for medical treatment that cannot be delayed
Attach a scan or photo of a letter confirming the reason for your travel. The letter must:
- be from a doctor or hospital
- be on headed paper
- be in English, or be accompanied by a certified translation
- include your name
- include, where relevant, the name of the sick or dead person and their relationship to you
You can send a death certificate but it must be accompanied by the letter confirming the reason for your travel.
Where to send your supporting email
Send your email with supporting evidence to the Home Office travel document enquiries team.
Put ‘New application enquiry – urgent compassionate case’ and your name in the subject line.
Home Office travel document enquiries
traveldocumentenquiries@homeoffice.gov.uk
Withdrawing your application
You can withdraw your application at any time. In most cases you will not get a refund.
You might be able to get a refund of your application fee if both of the following are true:
- you withdraw your application within 7 days of submitting it
- you do not need to provide biometric information or go to a visa application centre as part of your application
Email the Home Office travel document enquiries team to withdraw your application.
Home Office travel document enquiries traveldocumentenquiries@homeoffice.gov.uk
If your travel document is lost or stolen, you must report it to the Home Office. Email the Home Office travel document enquiries team with:
- your name
- your date of birth
- your nationality
If you have them, you must also provide your:
- travel document number
- Home Office reference number
- biometric residence permit (BRP) number
- police report and crime reference number
Home Office travel document enquiries
traveldocumentenquiries@homeoffice.gov.uk
Reporting your document as lost or stolen does not mean that you have requested a new one.
You must also report and replace a lost or stolen BRP if you had one.
Replace your document
You can only apply for a new travel document if you are in the UK.
You may be asked to confirm your identity and immigration status with biometric data before you can get your new document.
If you lose your travel document outside the UK
You will have to apply for a visa to return to the UK.
If you’ve been away for less than 2 years, you can get a replacement BRP visa.
If you’ve been away from the UK for over 2 years, and you had indefinite leave to remain, you can apply online for a returning resident visa.
You’ll get a temporary travel document if you are allowed to return. You may have to give your fingerprints to confirm your identity.
When you’re back in the UK, you can apply to replace your travel document.
Appeal a decision by the immigration and asylum tribunal
You can appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you think there’s a legal mistake with a decision made by the First-tier Tribunal (Immigration and Asylum Chamber).
More information
You can appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you think there’s a legal mistake with a decision made by the First-tier Tribunal (Immigration and Asylum Chamber).
The tribunal is independent of government and will listen to both sides of the argument before making a decision.
Help you can get
You can get legal advice (including from a solicitor), or help from a regulated immigration adviser.
You can also contact Citizens Advice.
You may be able to get legal aid.
Read the guide on representing yourself if you’re not going to have a legal representative.
You may be able to get asylum support, for example housing and money, while you’re waiting to find out if you’ll be given asylum.
Contact the tribunal if you have any questions about your appeal. The tribunal can not give you legal advice.
Upper Tribunal (Immigration and Asylum Chamber)
customer.service@justice.gov.uk
Telephone: +44 (0) 300 123 1711
Minicom: +44 (0) 300 123 1264
Fax: +44 (0) 870 324 0095
Monday to Friday, 8:30am to 5pm
Find out about call charges
You must be able to make a case for why the decision was legally wrong. For example, if the tribunal:
- did not apply the correct law or wrongly interpreted the law
- did not follow the correct procedures
- had no evidence or not enough evidence to support its decision
Ask for permission to appeal
You must ask the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Upper Tribunal.
You’ll be given the form to ask permission from the First-tier Tribunal (Immigration and Asylum Chamber) when you get your decision. Send it with a copy of the decision to the address on the form.
Deadlines for asking the First-tier Tribunal for permission to appeal
You must ask for permission to appeal within a certain period of time of getting your decision. When you must appeal by depends on whether you’re inside or outside the UK.
When you must appeal by | |
---|---|
You’re inside the UK | 14 days after the date on the written reasons for the decisions |
You’re outside the UK | 28 days after the date on the written reasons for the decisions |
Fees
There is no fee to appeal to the tribunal.
If you’re refused permission to appeal
You can apply to the Upper Tribunal for permission to appeal if the First-tier Tribunal refuses, or only gives your permission to appeal on limited grounds.
Download and fill in the Upper Tribunal permission request form and send it with the appropriate documents to the address on the form.
You must also say whether you want a hearing or not.
If your case was heard at either the Yarl’s Wood or the Harmondsworth hearing centre as a Detained Immigration Appeal, send your application to the Harmondsworth hearing centre.
Deadlines for asking the Upper Tribunal for permission to appeal
How long you have depends on where you are and how you received your refusal letter from the First-tier Tribunal.
When you must appeal by | |
---|---|
You’re inside the UK | 14 days after the date on the decision |
You’re outside the UK | 1 month after the date on the decision |
Documents you must send with your application
Include copies of the following documents with your form:
- the decision by the First-tier Tribunal
- the ‘notice of refusal of permission to appeal’ by the First-tier Tribunal or the ‘refusal to admit the application for permission’
- a statement clearly setting out your reasons for why you think the First-tier Tribunal made a mistake
- any other relevant documents that you sent to the First-tier Tribunal
You also need to include any written evidence that shows why you think the First-tier Tribunal made a legal mistake.
If your application is late, you must explain in writing why it is late. The tribunal will then decide if it can review your application.
Ask for a hearing
You can ask on your application for a decision to be made either:
- just on the information in your application
- at a hearing that you or your representative can go to
The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case and invited to attend if you’re in the UK.
If they do not hold a hearing, a judge will decide your case based on your application.
Withdrawing your appeal
Only you or your representative can withdraw your appeal. Contact the tribunal in writing if you want to withdraw your appeal – include your appeal number. The tribunal will decide whether to give you permission to withdraw, or if the hearing will go ahead.
If your hearing is less than 7 days away, contact the hearing centre where your appeal is scheduled.
You or your representative will be told when and where your hearing will take place. You can check the daily courts lists on the day of your hearing to find out if anything has changed.
You may need to attend a pre-hearing first, where the tribunal will check that you’re ready for the full hearing to take place.
Bring copies of all the documents that you gave to the tribunal.
You can bring a friend to represent you – ask the judge at the beginning of the hearing if this is the case.
If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.
Special requirements
Write to the Customer Enquiry Unit at least 2 weeks before your hearing if you need any special help, for example wheelchair access.
Customer Enquiry Unit
IA Field House
15-25 Breams Buildings
London
EC4A 1DZ
Private hearings or hearings by video
Hearings are usually carried out in public. If you have an important need (for example you think you’ll be put in danger if you go to the hearing), you can ask:
- for your name not to appear on any tribunal documents or court lists
- for the tribunal to be private and not open to the public
- to attend the hearing by video link
Asking for a male or female judge
You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.
Make your request as soon as possible when your apply, and no later than 7 days before the hearing.
If you cannot attend the hearing
You must attend the hearing yourself if you’re in the UK. You can also bring a solicitor or regulated immigration adviser with you.
If you’re not in the UK, you can ask a solicitor, regulated immigration adviser or the person who supported your application (your ‘sponsor’) to attend the hearing in your place.
You can only be represented at the hearing by a solicitor or regulated immigration adviser, your sponsor can not act on your behalf.
Your sponsor can not represent you at the hearing, they can only be:
- told the tribunal’s decision
- given information over the phone
You must write to the tribunal to tell them if your sponsor will be attending the hearing in your place. Include the case reference number of your appeal.
Children at the hearing
You can not take children into the hearing room with you. If you need to bring them to the tribunal, you’ll need to bring someone to look after them.
If your appeal can not be resolved at the hearing
If your appeal is not held on its scheduled day for any reason (for example there is not a judge available) it’ll be ‘adjourned’ and rescheduled for another day.
Your hearing may also be adjourned as ‘part heard’ if there is not enough time to finish it, or it can not be resolved on the day, for example because more evidence is needed.
The tribunal will arrange another hearing with the same people present.
You’ll normally get your decision in writing in 28 days.
If you win your appeal
If the Upper Tribunal decides that a mistake was made it can:
- overrule the decision and make its own judgement
- order the First-tier Tribunal to hear the case again
The Home Office can appeal the decision of the tribunal.
If you lose your appeal
You may be able to appeal to a higher court if you think there was a legal mistake made by the tribunal.
Get legal help or advice if you’re not sure about this.
Ask for permission
You must write to the upper tribunal and ask for permission before you appeal. How long you have to do this depends on where you are and how you received your decision.
Refusal letter by post | Refusal by email or delivered personally | |
---|---|---|
You’re inside the UK | 12 working days | 10 working days |
You’re outside the UK | 38 days | 10 days |
Upper Tribunal (Immigration and Asylum Chamber)
IA Field House
15-25 Breams Buildings
London
EC4A 1DZ
Once you have permission, you should appeal to the relevant higher court:
- The Court of Appeal in England and Wales
- The Court of Session in Scotland
- The Court of Appeal in Northern Ireland
You must do this within:
- 28 days of being given permission (England and Wales)
- 42 days of being given permission (Scotland)
- 21 days of being given permission (Northern Ireland)
You may have to pay court fees and the other party’s costs.
If you’re refused permission
You can ask the relevant higher court for permission.
You must do this within:
- 28 days of being refused permission (England and Wales)
- 42 days of being refused permission (Scotland)
- 21 days of being refused permission (Northern Ireland)
Read the rules the tribunal must follow and its decisions on previous cases.
Legislation
The Upper Tribunal (Immigration and Asylum Chamber) must follow the rules and process in the The Tribunal Procedure (Upper Tribunal) Rules 2008.
The tribunal has issued additional guidance on certain issues:
The tribunal will make a decision based on legislation, including the:
Appeal an asylum support decision
You can appeal to the First-tier Tribunal (Asylum Support) if you’ve applied for asylum support and been turned down or you were claiming asylum support and it’s been stopped
More information
You can appeal to the First-tier Tribunal (Asylum Support) if:
- you’ve applied for asylum support and been turned down
- you were claiming asylum support and it’s been stopped
The tribunal must receive your appeal within 3 days of you getting the letter about the decision – you may be able to carry on claiming asylum support (if you were already getting it) while you appeal.
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.
Help you can get
You may want to get help and advice before you appeal.
Contact the Asylum Support Appeals Project for free advice and legal representation if you have an appeal at the First-tier Tribunal (Asylum Support).
You can contact British Red Cross, Refugee Action and Refugee Council for advice and support – they may be able to find another organisation near to you.
You can also get other legal advice, including from a lawyer.
Download and fill in a ‘notice of appeal’ form. You must include:
- why you’re appealing (your ‘grounds of appeal’)
- a copy of the decision you’re appealing against
- any documents that help support your appeal
- why your appeal is late (if it is)
- whether you’d like a ‘paper’ or ‘oral’ hearing
Paper hearings are based on documents only. If a judge decides that an oral hearing is required, it may be held by phone, video link or in person.
If a judge decides you have to go to an oral hearing in person, you’ll need to travel to London. The Home Office will pay for you to get there (usually by train). You’ll get free accommodation the night before if you have far to travel.
Send the form
Post, email or fax the notice of appeal form to HM Courts and Tribunals Service. The contact details are on the form.
Call the helpline if you have any questions about completing the form. The helpline cannot give you legal advice.
First-tier Tribunal (Asylum Support)
Telephone: 0800 681 6509
Monday to Friday, 9am to 5pm
Find out about call charges
You’ll normally find out within a week of sending the form:
- whether the tribunal will consider your case
- whether the tribunal needs more information, for example if your appeal was late
You’ll then be told when your hearing will take place, and whether it’s paper or oral.
If you have an oral hearing, you’ll be told a few days before the hearing what documents to bring with you – or to send by post in advance. The letter will also tell you if the tribunal wants to call up any witnesses – you must contact them and make sure they appear at the hearing.
You’ll usually get the decision at the hearing.
If you need to send more information
If the tribunal asks you to send more information before the hearing, you may need to discuss this with a casework team.
Contact the Section 95 casework team if you’re an asylum seeker.
Section 95 Casework Team
asylumsupports95appeals@homeoffice.gov.uk
Fax: 0870 336 9624
Section 95 Team
1st Floor, Waterside Court
Kirkstall Road
Leeds
LS4 2QB
Contact the Section 4 casework team if you’ve been refused asylum.
Section 4 Casework Team
section4nationalteamappeals@homeoffice.gov.uk
Fax: 0870 336 9485
Section 4 National Team
1st Floor, Waterside Court
Kirkstall Road
Leeds
LS4 2QB
What happens at the hearing depends on whether you have a paper or oral hearing.
Paper hearing
You will not go to a paper hearing. A judge will make a decision based on:
- your notice of appeal form
- your documents
- documents provided by the Home Office
Oral hearing
Oral hearings may be held in person or via phone or video link.
If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.
You’ll present your case to the judge – someone else can do this for you, for example a lawyer, friend or family member. The Home Office will present the case against you.
The tribunal will provide you with an interpreter if you’ve asked for one. They can translate what happens during the tribunal but they cannot represent you or give you legal advice.
You may be asked questions by:
- your legal representative (if you have one)
- the Home Office’s representative
- the judge
The hearing is public. Family and friends can attend. If the hearing is in person, they’ll have to pay their own travel costs unless they are witnesses.
Children can only attend if you cannot make childcare arrangements. They can either:
- wait in the waiting room with your family or friends
- be with you during the hearing
You’ll get the decision either:
- at the oral hearing (if you have one) – you’ll also get full written reasons within 3 days
- by post the day after the paper hearing
The judge will either:
- allow the appeal – this means you’ll either get asylum support, or carry on getting it
- turn down (‘dismiss’) your appeal
- ask the Home Office to look at the decision again (known as ‘remitting’ the appeal)
The judge’s decision is final – you cannot appeal again.
You may be able to get a judicial review of the decision if your appeal was turned down and you think the judge did not follow the law correctly. Talk to a solicitor as soon as possible.
You cannot complain about the decision – you can only complain about the tribunal staff and the way the hearing took place.
Read the rules the tribunal must follow and its decisions on previous cases.
Previous decisions
Search the decisions database to see how and why previous decisions have been made.
Legislation
The tribunal will make a decision based on:
The tribunal must follow the rules and process in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 and Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.
Failed asylum seekers
The tribunal will make a decision based on:
If asylum support was stopped while the application was being considered
The tribunal will make a decision based on: