Asylum or protection claims

Some children and young people arrive in the UK and seek asylum. They may be with their family, or they may be on their own.

Seeking asylum means asking for the protection of the UK government because of a risk of serious harm in their country of origin.

If their claim is successful, the child or young person will be granted five years leave to remain as a refugee. Towards the end of this period, they can apply for indefinite leave to remain.

If a child or young person is seeking asylum, it is important that they have legal representation from a reputable lawyer that they trust. Legal aid is available for asylum claims so they will not have to pay for the lawyer.

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Some children or young people may be able to claim asylum even when they have lived in the UK for a long time.

For example, a teenager who was originally trafficked to the UK when they were a child, or where the young person’s sexuality or religion would put them at risk of serious harm in their country of origin.

If a child or young person fears they will come to harm in their country of origin they should get advice from a reputable lawyer.

What about young people who have claimed asylum and have been refused?

Some asylum-seeking children come to the UK on their own (otherwise known as ‘unaccompanied asylum-seeking children’) and are usually looked after by the local authority.

If their asylum claim is refused, they may be granted temporary leave to remain called UASC leave. It will last for a period of 30 months or until the young person turns 17½, whichever is shorter.

If a child or young person is refused asylum and granted UASC leave, they have a right to appeal to an independent tribunal against the Home Office’s decision.

It is almost always a good idea to appeal against a refusal. The appeal must be lodged within 14 days of the date the decision was sent to the young person or their legal representative.

If an asylum appeal is unsuccessful, the child or young person will still have UASC leave until it expires.

Before the leave expires, the young person should apply for further leave to remain in the UK.

This application is likely to be based on their continuing fear of coming to serious harm and on the life they have built in the UK.

If this application fails, the young person will again have a right of appeal. If the appeal, and any further appeals, fail the young person will no longer have permission to be in the UK. This stage is known as being appeal rights exhausted.

Young people who have exhausted their appeal rights can be very vulnerable and it is important to offer support.

Depending on their circumstances, they may be able to make a new application at some stage, either based on their fear of return or based on their life in the UK.