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"I would be better off dead than going back."
"I would be better off dead than going back."
Asylum-seekers in the UK must reckon with a complex and dense immigration system. To claim asylum, a person must prove that they have a "well-founded fear of persecution" for reasons of "race, religion, nationality, membership of a particular social group or political opinion" in their country of origin.
Persecution was initially defined to accommodate those fleeing political unrest, but in the 1990s and 2000s, feminist groups expanded this narrow view by recognizing that institutional practices can be as oppressive as laws. Persecution now includes domestic violence, homophobia, rape, and female genital cutting (to name a few).
Even if a person has a straghtforward claim, reliable housing, a job, and a clear criminal record, the path to citizenship is arduous. Once an asylum-seeker's claim is granted, they are given the status of refugee for 5 years. This status provides them with legal and economic protections. At the end of this 5 year period, immigrants can apply for an indefinite leave to remain in the UK. They will be eligable for citizenship at the end of this 6+ year process. While there are no fees to complete the steps, the cost of living in the UK is high. The red tape keeping asylum-seekers from a stable life in the UK makes the process of seeking asylum all the more excruciating.
Women of all ages rally against the detention of asylum-seekers.
To claim asylum, You must follow these steps to the letter.
To claim asylum, You must follow these steps to the letter.
Missteps can lead to a faster deportation.
Missteps can lead to a faster deportation.
1. ENTERING THE UK
1. ENTERING THE UK
Upon arriving in the UK, you can claim asylum with the Border Force. If you do not claim asylum upon entry, the Home Office can use this against you.
2. MAKING A CLAIM IN THE UK
2. MAKING A CLAIM IN THE UK
Once you enter the UK, you can go to the Lunar House in Croydon to seek asylum protections from the Home Office. You can be detained and sent to an immigration removal centre when you connect with this branch of the Home office.
3. SCREENING INTERVIEW
3. SCREENING INTERVIEW
After claiming asylum, you will go through a screening interview with a representative from the Home Office. The interview is brief and intended to get the basics of your situation down on paper.
4. dispersal.
4. dispersal.
If you are destitute and do not have community support, the Home Office will provide you with housing and a small stipend. You do not get to choose where you will be housed, though you can advocate for living with people who will respect your dignity.
5. Substantive Asylum Interview
5. Substantive Asylum Interview
You will be asked to prove the circumstances that led you to seek asylum. You will need to go into great detail during this interview, which lasts for several hours. You are entitled to breaks, but not a lawyer.
6. Home Office Decision
6. Home Office Decision
The Home Office will usually take several months to evaluate your claim. If the Home Office rules in your favor, you will be granted leave to stay in the UK. If your application is refused, you can appeal the decision in some instances.
7. Appeals
7. Appeals
You do not need permission to appeal your asylum case in most instances. Submitting an appeal means you will be brought to court to defend your claim.
8. Appeal Hearing
8. Appeal Hearing
It takes months--sometimes years--to get an appeal hearing. You or your solicitor will prepare the necessary documents for your case prior to the hearing. The judge presiding over the trial is not affiliated with the Home Office.
9. POssible Outcomes
9. POssible Outcomes
4 weeks after your hearing, a judge will issue their verdict.
Postive Decision
Postive Decision
The Home Office can appeal the judge's ruling. If they lose the appeal, or do not appeal at all, you will be granted the right to stay in the UK, to work, claim benefits, and access mainstream housing. This support terminates after 28 days.
Negative Decision
Negative Decision
If you lose the appeal, and your appeal rights are exhausted, you will likely be detained at an immigration center like Yarl's Wood prior to your deportation.
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