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Legal Advice

How do I legally get recognised as a refugee in the UK?

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To gain recognition as a refugee in the UK, you must submit a claim for asylum which must then be granted by the home office. The longer you wait however to submit a claim for asylum, the higher the chances the claim will be denied. 

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How/Where do I claim Asylum?

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If you choose to claim asylum as soon as you enter the UK, you must notify immigration officials at the port, airport or train station you arrive at. However, if you choose not to claim asylum upon entry, you must contact the "Asylum Screening Unit". You can contact them using the following phone number - 0300 123 4193. If you are homeless and did not submit a claim for asylum upon entering the country, you can submit a claim by physically going to the Asylum screening unit in Croydon. 

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What happens after I submit a claim for Asylum?

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If you submitted a claim for Asylum at the place of entry in the country, you will either immediately have a screening interview or have this interview shortly after. If you submitted a claim for asylum after entering the country via contacting the asylum screening unit, they will arrange a time for a screening interview with you which will take place at their offices in Croydon. If you are a minor, your interview should take place at a location close to you.

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If you called the asylum screening unit, they will ask you for details such as your name, address, phone number, if you would like a translator present, if there are any other family members you want to include with your application and if you currently have an immigration status

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After your screening interview, you will then have a substantive interview which will go into full detail about your asylum claim. At this interview, you may also submit further evidence to support your case. It is however very important that you have a lawyer look over the evidence to make sure it strengthens your case and not damage it. 

Then finally, after the substantive interview, the home office will then review all of the information they have and any evidence submitted to come to a verdict on your claim for asylum which will either be approved or denied. 

 

(It is important to note that due to delays by the home office, some people have found themselves waiting months and on some occasions, more than a year for their screening interview, substantive interview and final verdict)

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What is a screening interview?

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The screening interview is nothing to be afraid of, this is just an interview to establish information such as the following.
 

  • Your name

  • Date of birth

  • Nationality

  • Ethnicity

  • Religion

  • Your family members

  • Your health

  • Your journey to the UK

  • Why you have come to the UK to claim asylum

 

This interview should not last long (30 minutes to a couple of hours), and should not be intensive. It is important, however, that the information you provide is accurately recorded by the interviewer. To assist, the Asylum screening unit has translators that can be used. If you find there isn't a translator that speaks your language, or you feel your current translator isn't providing sufficient service to you, you must make this known and have this recorded in writing. 

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Tip: If you can't remember details about your journey to the UK, it is important that you answer with that you can't remember or that you're unsure as if you answer and then your answer changes in a later interview, this will damage your application for asylum. 

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What happens after a screening interview?

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After the screening interview is then the asylum substantive interview. This is known as being a very long and intensive interview where the home office will go into detail about the reasons you want to claim asylum. Ideally, this interview would occur in the few months after the substantive interview, however, due to delays, people have found themselves waiting over 12 months for this interview.

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When there is an interview slot for you, you will receive a letter noting the time, date and location of the interview (Will either be over a video call or in person). Typically, if you are over the age of 18, your legal aid will not attend this interview with you due to the amount of time they are allowed to spend on a case. In regards to bringing a friend with you, the home office only allows this under exceptional circumstances with advance notice. The reasoning may be that the home office wasn't able to provide an interviewer of your preference that you previously requested (I.e an interviewer that is of a specific sex)

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What should I do before the Substantive interview?

It is recommended that if you have a lawyer or access to one, you should meet with them before the interview and go over the story that lead you to submit a claim for asylum. In many cases, the home office may send a "P.I.Q" form. This is the Preliminary Information Questionnaire that the home office will use to focus their questions on. If you do receive one of these forms, it is also important to fill this in with the help of a legal aid/lawyer as if anything is incorrect and goes against what you may say in the interview, this will damage your case. If you don't have a lawyer, you can send an email to the home office requesting an extension of the hand-in deadline of this questionnaire with the reasoning that you are looking for a lawyer to help you fill this in. 

 

If you haven't yet, this will also be a good time to prepare any further evidence you have or can get access to to help support your case. However, if at all possible, the evidence should be reviewed by a lawyer as to make sure it will support your claim and not harm it. Evidence may be items such as a birth certificate proving you are from the country you say you are, news articles about the state of your country, you, or the persecution of people from the group you belong to.

 

For many, the only evidence they can provide will be their own testimony. So it is important that you are fully prepared to give your testimony in the interview. This will include being ready to talk about subjects and events that are very hard for you to talk about. 

 

Preparation tips 

 

  • Have a mock interview with a friend

  • Write out your story / make a timeline (These cannot be present with you in the interview however)

  • Put time into remembering every detail 

  • Speak to friends and family to prepare emotional support for yourself

  • If possible, visit the place of your interview and be clear on how you will travel there

  • Be prepared to be spoken to as if you aren't being believed by the home office

  • Request a translator for the interview as soon as possible if you need one

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Your rights in the interview

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  • You can request a male or female interviewer

  • You can request a break or water​

  • Tell the interviewer if you are feeling unwell or tired

  • When you are asked "is there anything else you want to add?", let them know if there was anything you forgot to say, didn't have time to clarify, or things you said wrong.

  • You should make sure you are given an audio recording and written transcript of the interview

  • If after the interview you realise you forgot something or made a mistake, you can write to the home office about this information. (Do this as soon as possible and also provide reasoning for why this information wasn't shared at the interview)

  • Let the interviewer know if you are having issues with your translator.

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What kinds of questions will I be asked in the interview?

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  • What is your date of birth?

  • Do you speak other languages?

  • What is your nationality?

  • Have you ever been convicted of a criminal offence?

  • When did you leave your country?

  • Did you travel through other countries on your way to the UK?

  • Did you claim asylum in any of the other countries you travelled through?

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(Inadmissibility rules say that the home office may say your claim is inadmissible if you travelled through a safe country before entering the UK but currently (June 2023) there isn't a country the home office can legally send you to, so even though inadmissible rulings have been given, removal hasn't been carried out)

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  • Why can't you return to your country?

  • Was there an event that lead to you fleeing your country?

  • If you didn't leave your country immediately after the incident that put you in danger, why didn't you?

  • What would happen to you if you returned to your country?

  • Has and how has the threat threatened other people?

  • If others from your family and the persecuted group didn't flee the country, why did you? 

  • If others from your family and people in a similar situation haven't been threatened, why were you?

  • If you aren't in contact with anyone from your country having left a long time ago, how do you know it's unsafe for you to return?

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(If a child is a part of your claim, you will be asked if their reasonings for needing asylum are different to yours)

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  • Who are you in danger from?

  • Would you be safe going to live elsewhere in the country you fled from?

  • If you tried to flee to another part of the country you ultimately fled from, what made that place unsafe

  • If you were imprisoned as part of your persecution, what were the details behind your release/escape?

  • Are others facing longer sentences/torture, and would this happen to you if you were again imprisoned? 

  • Further details about your imprisonment, were you mistreated? Were conditions poor?  

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Traumatic events such as physical and sexual assault may also be talked about. As hard as it is, it is important to give every detail you can. Questions they may ask will look like the following

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  • Who was it that attacked you?

  • What clothing were they wearing? 

  • What was it they did to you?

  • Were they police, secret police or army?

  • What was their rank? (If you know)

  • How many times/often did this happen?

  • Were they any witnesses/ anyone present?

  • How did you survive/endure the attack(s)?

  • Do you have any medical and/or psychological problems?

  • Were these a result of the attack(s)?

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When it comes to dates and times mentioned in the interview, if you aren't sure about a date or time, you should answer that you don't remember the date or time. And it is important that the dates and times given match the dates and times given in your initial interview. Another important note is that if you are using a calendar other than the one used in the UK, your dates are translated to be compatible with the UK calendar. 

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What happens after the interview?

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After the interview, you should read through the transcription as soon as possible to make sure all of the information on there is accurate and is as you said. Should your case end up in appeal due to a refusal, the audio recording and w​written transcript will be crucial to have should their refusal be based on an inaccuracy between the audio and written transcription. It is important to note too that different languages may translate in different ways in English, so if you relied on translation for the interview, it is also important to have the documentation reviewed. If you have any remaining thoughts about the interview or any issues? Anything you weren't given enough time to explain? Any further details? You can submit a statement to the home office explaining so.

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If you have a lawyer, you should book an appointment asap to review the interview and the transcript. Now will also be a good time to get your further evidence and documentation ready to submit with the help of your lawyer. 

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Delays in the final verdict and other delays

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It is commonplace now for a final verdict to take months or even over a year to come through. This is primarily due to internal failings within the home office and their decision-making.

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What can I do about this?

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Unfortunately, there isn't much that can be done to speed up the process of you receiving your verdict. However, if you have been waiting more than 12 months for your asylum claim to go through at no fault of your own (All delays are caused by the home office), you can request the right to work. If granted you will be allowed to work a job that is on the shortage occupation list. 

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You may have luck speeding up your processing by writing to your local MP explaining your situation. He or she may then choose to write to the home office themselves to try to get your case seen sooner.

 

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What jobs are on the shortage occupation list?

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All jobs on this list can be found here

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