How does someone become a refugee? This page explains the basics of the process an asylum seeker goes through when they seek protection in the UK.
What is asylum?
If someone is at risk of persecution in their own country, they can ask another country for protection, called asylum, under the 1951 Refugee Convention. A person seeking asylum is someone who has made that claim and is waiting for a decision. If the government accepts they are at risk, they are recognised as a refugee and given permission to stay.
Claiming asylum
All claims are decided by the Home Office. People can stay in the UK while their claim is being considered. They first have a screening interview, where their identity, fingerprints and photograph are recorded and the Home Office checks whether they passed through or have links to a “safe third country”. If so, the claim may be treated as inadmissible and not considered at all. Later they have a longer substantive interview where they explain why they fear persecution. Many people have no legal representative at this stage.
Support while waiting
Depending on their financial situation, asylum seekers may be eligible for support from the Government while their case is being considered, including:
- Money — people with no other means of support receive £49.18 a week, or £9.95 a week in accommodation where meals are provided, on a payment card. Pregnant women and young children get small extra payments. Since 2 June 2026, giving this support is a discretionary power for the Home Office rather than a legal duty, and it can be stopped if someone works without permission.
- Housing — accommodation is offered on a no-choice basis, often in shared houses, hostels or hotels, usually outside London and the South East.
- Education —children have the same right to school as any other child. Access to college and university funding is restricted.
- Health— people seeking asylum can use the NHS free of charge, though some struggle to register with a GP. Rules for people whose claims have been refused differ between England, Scotland and Wales.
- Work —
people seeking asylum are not allowed to work. They can apply for permission only after waiting more than 12 months for an initial decision. For applications made since 26 March 2026, they can then only take graduate-level jobs (RQF level 6 or above) listed in Appendix Skilled Occupations. They can’t be self-employed.
How the Home Office decides
The Home Office case owner considers the evidence submitted by the applicant, information on the political and human rights situation in the person’s country of origin, previous legal decisions on asylum and the applicant’s personal credibility.
If the claim is successful
People who claimed before 2 March 2026 are normally given five years’ permission to stay, after which they can apply to settle permanently. People who claimed on or after 2 March 2026 are given 30 months, which must be renewed; the government plans for them to wait 20 years before they can settle. Unaccompanied children still receive five years.
Refugees can work and claim benefits. Refugee family reunion has been suspended to new applications since 4 September 2025, so refugees currently have to meet the much stricter family visa rules to bring a partner or children to the UK.
If the claim is refused
Some people who are not recognised as refugees are given humanitarian protection, which follows the same rules on length of stay as refugee status. Most refused applicants can appeal to the First-tier Tribunal (Immigration and Asylum Chamber), which is independent of the Home Office, and can usually stay in the UK while they appeal. Appeals currently take more than a year on average. People can also make a fresh claim if new evidence comes to light.
If the Home Office decides that an asylum seeker does not meet the criteria for refugee status, the person may still be allowed to remain in the UK under a different status.
- ‘Discretionary Leave’ (DL) can be granted for up to three years and can be extended if the person cannot return home. Discretionary Leave is typically granted to children.
- ‘Humanitarian Protection’ (HP) can be granted for five years if removing them would breach the rights outlined in the European Convention on Human Rights, for instance if they would be tortured upon returning to their home country.
Return, detention and removal
People whose claims and appeals have been refused are expected to leave the UK. Some are eligible for help through the Home Office’s voluntary return scheme. People who do not leave can be detained in an immigration removal centre and removed. The UK has no time limit on immigration detention.
Find out more
This page is a general overview, not legal advice. Please look at the Right to Remain Toolkit for more specific information. For help with an individual case, contact Asylum Aid, Migrant Help or a regulated immigration adviser. Last checked: November 2026.