Asylum & Protection Claims
Claiming asylum is the process of asking the UK government for protection because you cannot safely return to your home country. This is one of the most legally significant and personally high-stakes areas of immigration law — decisions affect not just where someone can live, but their safety and that of their family. It's also an area undergoing substantial legislative change in 2026, with new rules already in force since March and a further Bill currently before Parliament that would restructure large parts of the system if passed. Our lawyers represent people at every stage of a claim, from the initial screening interview through to appeal, and stay closely on top of a system that is genuinely moving under our feet this year.
Who This Visa Is For
You may qualify for this visa category if you are:
Anyone in the UK, or arriving in the UK, who fears persecution, serious harm, or a breach of their human rights if returned to their home country
People whose asylum claim has been refused and who are considering an appeal
Individuals facing an inadmissibility decision, where the Home Office proposes to treat a claim as ineligible for consideration in the UK
People granted protection status who need advice on the length and conditions of their permission, given recent changes
The Legal Basis for a Claim
A protection claim can succeed on more than one basis:
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Refugee status, under the 1951 Refugee Convention, where you have a well-founded fear of persecution in your home country because of your race, religion, nationality, political opinion, or membership of a particular social group
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Humanitarian protection, where you don't meet the Refugee Convention definition but would face a real risk of serious harm if returned
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Human rights grounds, primarily under Article 3 of the European Convention on Human Rights (protection from torture or inhuman/degrading treatment) or, in narrower circumstances, Article 8 (right to private and family life)
How the Process Works
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Claiming asylum — as soon as possible after arrival, or as soon as circumstances arise that mean you can no longer safely return home
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Screening interview — an initial Home Office interview to record basic details and the general nature of your claim
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Asylum support application, if needed — accommodation and a weekly cash allowance may be available while your claim is considered, for those who would otherwise be destitute
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Substantive interview — a detailed interview covering the full basis of your claim, usually the most significant stage of the process
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Decision — the Home Office decides whether to grant protection status or refuse the claim
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Appeal, if refused — most substantive refusals carry a right of appeal to the tribunal system, though the structure of this is changing (see below)
Throughout this process, credibility, consistency, and corroborating evidence (country of origin information, expert reports, witness statements) matter considerably to the outcome — this is where thorough preparation makes the most difference.
Important Changes Already in Force
Length of protection status reduced. Since 2 March 2026, adults and families (including accompanied asylum-seeking children) who claim asylum are, if successful, generally granted 30 months of leave rather than the previous 5 years, as a first step toward a restructured "core protection" model. This is a transitional measure — people whose 5-year grant of leave, or further submissions, were made or decided by 1 March 2026 generally remain eligible to apply for settlement after 5 years under the previous framework (Appendix Settlement Protection). Anyone claiming or granted protection status close to this date should get advice on which framework applies to them specifically, as this materially affects the route and timing to settlement.
Stricter admissibility rules. Claims can be treated as inadmissible for full consideration in the UK where a safe third country is considered to be involved, and cases assessed as having little prospect of success may be fast-tracked.
A Significant Bill Is Currently Before Parliament
The Immigration and Asylum Bill 2026 had its Second Reading on 13 July 2026 and has not yet become law — it may still be amended as it passes through Parliament. If enacted in its current form, it would introduce substantial changes, including:
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Replacing the First-tier Tribunal (Immigration and Asylum Chamber) with a new Independent Immigration Appeals Authority, alongside a single appeal process intended to reduce repeated or late-stage legal challenges
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Formally establishing the "core protection" model referenced in the March 2026 rule changes, restructuring how refugee and humanitarian protection status work
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Tightening how Article 8 family/private life claims are applied in immigration cases
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Allowing the Home Office, in some cases, to require refugees to repay part of the cost of accommodation and financial support received while their claim was being decided
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Reforms to how the National Referral Mechanism assesses credibility in modern slavery and trafficking cases
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New provisions affecting people convicted of serious crimes or considered a national security risk, including how they're treated under the Refugee Convention
Because this Bill is still going through the parliamentary process, its final form — and its final effect on people already in the system — isn't yet settled. We track this closely and advise clients on how proposed changes may affect claims currently in progress, without treating unpassed provisions as though they're already law.
What Support Is Available While a Claim Is Considered
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People who would otherwise be destitute can apply for asylum support, which may include accommodation and a weekly cash allowance. Asylum seekers do not generally have the right to work while their claim is pending, other than in narrow, specific circumstances. We can advise on eligibility for support and what evidence is needed to apply.
How We Help — Our Process
Free Initial Consultation
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Claim Preparation
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Representation at Interview
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Decision & Next Steps
Ongoing Advice
The Good Character Requirement
Any child aged 10 or over at the date of application must be assessed as being of good character. This looks at whether the child has shown respect for UK laws and the rights of others, and requires disclosure of any criminal convictions, cautions, or other conduct concerns, whether in the UK or overseas. Children under 10 are not subject to this requirement.
Fees and Fee Waivers
From 8 April 2026, the fee to register a child as a British citizen is £1,000 (reduced from £1,214, following litigation brought by the Project for the Registration of Children as British Citizens). The fee is non-refundable if the application is refused, or if the child turns out to already be British — so confirming eligibility properly before applying matters considerably. Families who cannot afford the fee may be able to apply for a fee waiver, which requires evidence of income, essential living costs, and why paying would cause genuine hardship. Fee waivers are available for child registration applications but not for adult naturalisation.
The Application Process (Form MN1)
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Confirm the correct entitlement or discretionary route applies to your child's circumstances
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Complete Form MN1 online, along with any linked application if a parent is applying for their own status at the same time
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Provide two referees: at least one who has dealt with the child in a professional capacity (such as a teacher, doctor or health visitor), and a second person of professional standing who holds a British passport (this cannot be the solicitor representing the family in the application)
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Attend a biometric appointment — children aged 6 and over generally need fingerprints and a photograph taken; younger children need only a photograph
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Await a decision, typically within around 6 months
If refused, there's no formal right of appeal — options are limited to requesting a reconsideration, reapplying with stronger evidence, or judicial review in appropriate cases, which makes getting the original application right especially important.