Asylum and Family Reunion
Asylum
Asylum is protection given by a country to someone who is fleeing persecution in their own country. It is given under the 1951 United Nations Convention Relating to the Status of Refugees. To be recognised as a refugee, you must have left your country and be unable to go back because you have a well-founded fear of persecution because of your race, religion, nationality, political opinion or membership of a particular social group.
The UK also adheres to the European Convention on Human Rights, which prevents the Home Office from sending someone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment.
If you do not qualify for asylum but there are humanitarian or other reasons why you should be allowed to stay in the UK, then you may be given temporary permission to remain here.
If you are recognised as a refugee, or the Home Office decide that you may stay here for humanitarian reasons, you will be given permission to stay in the United Kingdom for an initial period of five years. If you are not recognised as a refugee or a person who qualifies for humanitarian protection, you may still be given another type of temporary permission to stay in the United Kingdom called 'discretionary leave to remain'.
For more information on applying for asylum please complete the 'Ask a question' form on this page.
Family Reunion
A person who flees to the United Kingdom to seek asylum can include his/her dependants in his/her application for asylum, if those dependants have travelled with him/her to the United Kingdom. However, families can become fragmented in cases of asylum, depending on the speed and manner in which the person has fled.
If you are a recognised refugee or benefiting from humanitarian protection in the United Kingdom, you can apply under the family reunion progranne to be reunited with your family members (that is, those who were part of your family unit before you fled).
Under the Immigration Rules, only pre-existing families (the spouse, civil partner or unmarried/same-sex partner plus any children under 18 who formed part of the family unit at the time the sponsor fled to seek asylum) can apply to enter the United Kingdom under the family reunion programme. However, family reunion for other family members may be permitted if there are compassionate reasons why their case should be considered outside the Immigration Rules.
For more information on applying for family reunion please complete the 'Ask a question' form on this page.