Asylum 

Adult and Community Services 

• Immigration and Nationality 

  The right to come to the United Kingdom
  Only those with 'right of abode' can come without being subject to immigration control. This includes:

  • British Citizens
  • Children of British Citizens (under 18s)
  • Children of parents who are settled (staying here permanently) in the United Kingdom (under 18s)

  Others are subject to varying controls. 

  Citizens of European Countries
  If you are a citizen of a country within the European Economic Area then you are generally free to enter, work and stay. You can be made to leave if you commit a serious crime. Your existing family are also entitled, as long as they stay together. 

  The European Economic Area consists of:

  • Members of the European Union
  • Iceland, Norway and Liechtenstein

  You may be asked to show you are entitled to come or stay in the United Kingdom:

  • If you seek a Visa at a British embassy or consular
  • At arrival at a British airport or seaport or Channel Tunnel station
  • The Home Office
  • By the Police or Immigration Officers

  You may be asked about your immigration status when applying for:

  • Benefits
  • Hospital treatment
  • Housing
  • Education
  • If seeking a marriage licence
  • Work

  Visa
  Some citizens will require a visa before they can stay. There is list of 118 countries which can be obtained from the Home Office.

  They are referred to as 'Visa Nationals'. You don't need a Visa if you are from most Commonwealth countries, the United States of America or Japan. 

  Permission to come to the United Kingdom
  The normal procedure is that an application should be made at the nearest British Embassy or consular office. Application forms can also be downloaded from the Foreign Office website. A fee is payable. 

  The right to come to the United Kingdom is regulated by the Immigration Rules. The rules identify several categories for entry:

  • Students
  • Visitors
  • Au pairs
  • Work or business
  • Members of the family of one of the above

   

• Working in the United Kingdom 

  Work permits
  Unless you are from a European Economic Area, you will also need a work permit. 

  Employment and the Asylum and Immigration Act 1996
  It is a criminal offence under Section 8 of the Asylum and Immigration Act 1996 to employ a person who is subject to immigration control, unless they have permission to live and work in the United Kingdom. Therefore, it is likely that there will be a check on your eligibility to work in the United Kingdom. 

  If an employee is found to be working illegally and there has been a failure to make the required check on their eligibility to work, any person involved in making the appointment might be personally liable to a fine of up to £5,000 per illegal employee.

   

• Checking eligibility to work in the United Kingdom 

  In order to check their eligibility before issuing their contract, Employers should ask all newly-appointed staff to bring in their passport or some other approved document which confirms their eligibility to work, and a copy of the document will be made. 

  Documents accepted as proof of eligibility to work in United Kingdom are:

  • A P45, P60, NI number card or pay slip showing a permanent national insurance number
  • A birth certificate issued in the United Kingdom or in the Republic of Ireland
  • A passport describing the holder as a British citizen, or as having the right of abode in or an entitlement to re-admission to the United Kingdom
  • A certificate of registration or naturalisation as a British citizen
  • A passport issued by a state which is party to the European Economic Area Agreement (for example the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonian, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, and Non-European Union European Economic Area members: - the Republic of Iceland, the Principality of Liechtenstein, and the Kingdom of Norway)
  • A passport, other travel document, United Kingdom residence permit or letter issued by the Immigration and Nationality Directorate of the Home Office, which provides the appropriate endorsement in relation to residency and permission to work in the United Kingdom

  If the person's eligibility to work is reliant on their being a registered student, Human Resources will also need to see their student ID card.

   

• People entitled to work in the United Kingdom 

  The following people are not subject to immigration control and therefore do not require permission to live and work in the United Kingdom (but, of course will still need to produce a document which proves their status):

  • British citizens
  • Commonwealth citizens with the right of abode
  • Nationals of all other European Economic Area countries (for example the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonian, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, and Non-European Union European Economic Area members: - the Republic of Iceland, the Principality of Liechtenstein, and the Kingdom of Norway)
  • Spouses and children, irrespective of nationality, of non-British European Economic Area nationals, provided the European Economic Area national is lawfully residing in the United Kingdom and, if the family member is a spouse, the marriage has not ended

   

• Eligibility of non-European Economic Area citizens to work in the United Kingdom 

  The eligibility of non-European Economic Area citizens to work in the United Kingdom is dependent on their visa (as stamped in their passport). There are 4 main groups:

  • Leave to remain in the United Kingdom indefinitely without any restrictions about employment
  • Leave to remain in the United Kingdom for a specified period without any further restrictions about employment
  • Leave to remain in the United Kingdom for a specified period and must obtain a work permit in order to take up paid or unpaid employment
  • Leave to remain in the United Kingdom who are prohibited from taking paid or unpaid employment

  Working in the United Kingdom for Non-European Economic Area citizens

  From 1 April 2004 changes were introduced to the procedure for applying for limited leave to remain in the United Kingdom.

  Limited leave to remain is the permission granted to an individual to stay in the United Kingdom. It is granted in line with the period of the individual's Immigration Employment Document which includes:

  • Work permits and work permit approval letters
  • Sectors Based Scheme work permits
  • Highly Skilled Migrant Programme approval letters
  • Seasonal Agricultural Workers Scheme work cards
  • Home Office approved Training and Work Experience Schemes permits and approval letters

  The individual who must apply for limited leave to remain by completing and signing a separate application form (Form FLR(IED)). 

  All individuals currently in the United Kingdom must apply for limited leave to remain if they are granted an Immigration Employment Document. This will include, for example, a work permit holder who is changing his or her employer in the United Kingdom or whose employer is applying for an extension to his or her work permit. 

  Individuals who are outside the United Kingdom (for example an individual whose United Kingdom employer has just obtained a work permit, but who has not yet started work here) must obtain entry clearance from a British Embassy, Consulate or High Commission before travelling to the United Kingdom.

   

• There is a Stage 2 Procedure 

  1st stage: This will be the decision to grant an Immigration Employment Document. For work permits, Sectors Based Scheme and Training and Work Experience Scheme, the United Kingdom employer will apply for the individual and the relevant fee will be payable. Highly Skilled Migrant Programme approval letters applicants will apply for Work Permits (United Kingdom) themselves and Seasonal Agricultural Workers Scheme applicants will apply to their operator for a work card.

  2nd stage: This will be the decision to allow the individual to remain in the United Kingdom to take up or continue the employment that is the subject of the Immigration Employment Document. This means that once approval for the Immigration Employment Document has been received, the FLR(IED) form must be completed and submitted by the individual. A fee of £121 must be sent in with the application. The individual will be responsible for this payment but the employer can reimburse or pay on behalf of the individual if it wishes. 

  If the fee or relevant documents are not included with the application, the individual will be notified that the application will be returned and any fee paid refunded if the outstanding items are not sent within 28 days. 

  Dependants included on the main applicant's application will not need to pay an additional fee, unless their application is made at a different time or on a different form when they must pay an additional fee.

  Impact of these changes:

  Employers have to ensure that any individual they want to employ in the United Kingdom has both an approved Immigration Employment Document and limited leave to remain permission before they start or continue working in the United Kingdom. Employers must therefore take steps to ensure that the individual has completed and submitted the limited leave to remain form. 

  Employees must not start or continue to work unless they have an approved Immigration Employment Document and limited leave to remain approval. 

  If the limited leave to remain application is refused, the employer will have to end the individual's employment and the individual employee must check whether their current immigration status enables them to stay in the United Kingdom and/or allows them to be able to start or continue working in the United Kingdom.

   

• Entering The United Kingdom 

  Permission to enter the United Kingdom - Conditions

  When permission is given to enter the United Kingdom, there will be conditions. These will be in the form of a letter or entered onto your passport. The conditions will routinely include:

  • Time of permitted stay
  • Barring from recourse to public funds, in other words no right to benefits
  • Whether work is permitted
  • Work restrictions, for example students may be able to work holidays

  Additional conditions include:

  • Registering with the Police (non European Economic Area or Commonwealth citizens)
  • Medical reporting

  Failure to comply with conditional permission is a crime and may lead to removal from the United Kingdom. 

  Requirement to support yourself without recourse to public funds

  The general principle is that a person who comes to the United Kingdom must be able to support themselves and their family without recourse to public funds. If a person receiving benefits wishes to sponsor a person to join them, specialist advice will be needed.

  Settling in the United Kingdom

  If you wish to settle in the United Kingdom, it is highly recommended that specialist advice be sought as time limits can apply. If you fall into 1 or more the following categories:

  • Have a work permit
  • Self-employed
  • Retired of independent means
  • Permit-free

  Then you can apply to settle to the Home Office in your 4th year of stay. If the application is granted, you will be given 'indefinite leave to remain'. Leaving the United Kingdom for periods of time can put this at risk. 

  Family members

  British citizens and those who are settled can sponsor close family members including:

  • Husband or wife
  • Unmarried partner including same sex
  • Fiancé or fiancée (time limited to 6 months to get married)
  • Children up to 18
  • Parents or grandparents over 65

  Time limits may apply except for parents, grandparents and children. They will have to demonstrate that no one else could care for them. Again, it is recommended that specialist advice be sought.

  Appeals

  If an Immigration Officer turns down your application, there may be a right of appeal. Again, it is highly recommended that specialist advice be sought. Time limits may apply.

   

• Application 

  Qualifying for Asylum depends on whether you are a 'refugee'. 

  To be a refugee you must be outside your country of origin due to a well-founded fear of persecution for 1 or more of 5 reasons relating to your:

  • Race
  • Religion
  • Nationality
  • Membership of a particular social group
  • Political opinion

  If you qualify, you cannot be sent back to your country until the risk is small or gone. 

  The decision is made by the Home Office, which can decide that circumstances have changed and a return would be safe.

  How to apply

  You may apply at any time to the Home Office, but failure to apply on arrival to the United Kingdom may mean you will not be entitled to receive any support. It is very important to seek advice on arrival if you have concerns. The Immigration Officers at the air or sea ports will help you. 

  What happens when you apply?

  Firstly you will be interviewed. Its purpose is to discover:

  • Your personal details
  • Where you came from
  • Whether there is a safe third country
  • Whether you should receive support

  An interpreter will be used if requested. You are entitled to a note of the meeting. 

  The next stage is induction. You will be sent to a centre where you will be told of the progress and what will happen to you. 

  A further interview will follow. This is a full asylum interview. If you have a legal representative, then they may help you. This interview is called the full asylum interview. 

  You have up to 5 further days to make available further information and then a decision will be made. 

  Identity card

  You will be finger printed and a photograph will be taken. You will be issued with an identity card known as an Asylum Registration Card, it is an important document as it is proof of the right to be in the United Kingdom. 

  Detention

  The likelihood of detention depends upon a number of factors. Those likely to face detention are:

  • People who are suspected Terrorists
  • Where there is a prospect of you being returned to a safe third country
  • If you have used false documents
  • If you have a clearly unfounded case (such as coming from a Home Office considered safe country)

  Housing

  If granted support, you are likely to be housed in a hostel temporarily. You will then be dispersed to another part of the country, unless there good reason such as need for specialist medical treatment. 

  Medical care

  Once you are registered as an Asylum Seeker, you can get free medical care and register with a local doctor. 

  Help with claim for asylum

  There is no longer an Adult Asylum team in place within the borough. Instead, the Home Office will provide support through the National Asylum Support Service.

   

• Asylum Seekers Support 

  Housing advice

  An asylum seeker is someone who comes to the United Kingdom, often fleeing persecution, torture or war, and applies for refugee status. 

  Until refugee status is granted, such a person remains an asylum seeker. Asylum seekers often encounter homelessness and face difficulty in obtaining accommodation. 

  The government promulgated Immigration and Asylum Act 1999, which came into force on 6 December 1999, this legislation, provides that asylum seekers that arrive after April 2000 no longer have a right to help or to be provided accommodation by us. 

  Instead, the Home Office provides support through the National Asylum Support Service. In addition, we are no longer obliged to provide housing or financial assistance under section 17 of the Children Act 1989 to anyone who is eligible to National Asylum Support Service support.