After your substantive asylum interview, you will enter the final, anxious waiting period for a decision on your claim for protection. The outcome of this decision will fundamentally shape your future. A Home Office caseworker will meticulously review your testimony, your documentary evidence, and the objective conditions in your home country before reaching a conclusion.
This guide provides a clear, detailed, and comprehensive explanation of the different types of decisions you can receive on your UK asylum claim. Understanding these potential outcomes is crucial. Our team of specialist asylum lawyers is dedicated to supporting you through this critical phase. We not only help you prepare the strongest possible initial claim but also provide expert legal representation to challenge a negative decision through the appeals process.
The Decision-Making Process and Timelines
The Home Office aims to decide asylum claims as quickly as possible, but there is no set timeframe. A decision can be delayed if your case is complex. Common reasons for delays include:
- The need for the Home Office to verify your supporting documents.
- The requirement for you to attend further interviews to clarify aspects of your claim.
- The need to check your personal circumstances, for example, if you have a criminal conviction.
Your legal adviser is your primary point of contact for requesting updates on the progress of your application.
A Successful Outcome: The Types of Protection Granted in the UK
If the Home Office accepts that you need protection, you will be granted permission to stay in the UK. There are two main forms of protection status.
1. Refugee Status
This is the highest form of protection. You will be granted Refugee Status if the Home Office agrees that you meet the full definition of a refugee under the 1951 Refugee Convention. This means they accept that you have a well-founded fear of persecution for one of the five Convention reasons (race, religion, nationality, political opinion, or membership of a particular social group).
- What you will get: You will be granted permission to stay in the UK for an initial period of 5 years.
- Path to Settlement: After these 5 years, you will be eligible to apply for permanent settlement in the UK (Indefinite Leave to Remain).
- Family Members: Any dependant partner or children under 18 included in your application will also be granted permission to stay for 5 years and can apply for settlement with you.
- Additional Support: As a recognised refugee, you are also eligible to apply for a refugee integration loan to help you with the costs of setting up your new life in the UK.
2. Humanitarian Protection
If you do not strictly meet the definition of a refugee, you may still be granted Humanitarian Protection. This is granted to individuals who, if returned to their home country, would face a real risk of serious harm, such as the death penalty, unlawful killing, or torture and inhuman or degrading treatment.
- What you will get: Similar to Refugee Status, you will be granted permission to stay in the UK for 5 years.
- Path to Settlement: After 5 years, you can also apply for permanent settlement (Indefinite Leave to Remain).
Other Forms of Permission to Stay
In some cases, even if you are not granted Refugee Status or Humanitarian Protection, the Home Office may decide that there are other compelling or compassionate reasons for you to stay in the UK, often based on your human rights (for example, your right to a family or private life).
- What you will get: The length of permission to stay granted on this basis will vary depending on your individual circumstances. It is often a shorter period (e.g., 2.5 years) and is part of a longer, 10-year route to settlement.
A Negative Outcome: A Refusal of Your Asylum Claim
If the caseworker decides that you do not qualify for any form of protection and there are no other reasons for you to stay, your asylum claim will be refused. This is a devastating outcome, but it is not necessarily the end of the road.
- The Right of Appeal: In most cases, you will have the right to appeal the decision to an independent First-tier Tribunal (Immigration and Asylum Chamber). This is a crucial safeguard where an independent judge will re-examine your case.
- What happens next? If your appeal is successful, the Home Office’s decision will be overturned. If your appeal is unsuccessful, and you have no other legal challenges pending, you will be expected to leave the UK.
- Enforced Removal: If you do not leave voluntarily, the Home Office can enforce your removal. This may involve being detained without warning in an immigration removal centre before being removed from the country.
The Critical Importance of Expert Legal Representation
The outcome of your asylum claim is life-defining. Having an expert legal team on your side is your best and most powerful asset.
- If you are granted status: We will help you understand your rights and the next steps on your path to permanent settlement.
- If you are refused: We will act immediately. We will conduct a thorough analysis of the Home Office’s refusal decision, identify the legal errors in their reasoning, and prepare and lodge a powerful and persuasive appeal to the independent tribunal on your behalf.
Do not face the final stages of your asylum claim alone. Whether you are awaiting a decision or have received a refusal, contact our specialist asylum law team immediately for expert legal advice and representation.
About the Author:
Farzad Ghods is an international lawyer specialising in UK immigration law. He is regulated by the Solicitors Regulation Authority (SRA) and the Immigration Advisors Authority (IAA) in the United Kingdom, and is also a member of the Iran Bar Association. He brings over fourteen years of professional legal experience to his practice.