8 Claiming Asylum
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5. What can I live on while I am waiting?
6. What rights do I have while I´m waiting?
7. Where can I get help with my claim?
8. What will be the outcome of my claim?
Unless your claim is rejected, you can be given one of three different types of status:
Asylum (permanent residence)
If your claim is accepted, you will be granted asylum and given permission to stay for five years. If you are accepted in this way, your husband, wife or registered civil partner, and any children under 18, will also automatically be accepted. You may also be entitled to get a Convention (blue) travel document, which lets you travel freely to all countries except your country of origin. You can work or study, and have the same rights to receive benefits as citizens do. If you claim benefits, you may be able to receive a loan from the Home Office when you are granted asylum. You will have to repay this money later.
At the end of the five years, you will be able to apply to stay here permanently.
Humanitarian protection
If you can ’t show that you meet all the conditions for recognition as a refugee, you may be given 'humanitarian protection’. You will be given this status if your life might be in danger if you returned, or you would be at risk of torture or inhuman or degrading treatment (see ‘Human rights claims'). Humanitarian protection will last for five years, and at the end you can apply to stay here permanently if you would still be at risk in your country. People with humanitarian protection can be joined by their husband, wife or registered civil partner, and their children, but they have fewer rights to travel and study than refugees who have been given asylum.
Discretionary leave
If the Home Office accepts there are other reasons why it would be unfair to make you leave the country, for example because of ill health or for family reasons, you may be given ‘discretionary leave’. This will usually only be for six or 12 months at a time, and you will not be allowed to stay permanently until your discretionary leave has been renewed for a total of six years.
9. What if my claim is refused?
10. What happens if my appeal fails?
This leaflet was written in association with the Immigration Law Practitioners Association and Mick Chatwin, a barrister and solicitor specialising in immigration law.
Leaflet version: April 2006
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