Asylum seekers and refugees: applying for asylum

Definitions

The UN Refugee Agency has definitions of asylum seekers and refugees on its website: 

• Asylum seeker
• Refugees

Claiming asylum in Northern Ireland

An individual may wish to claim asylum (international protection) if they have a fear of returning to their country of origin.

• The 1951 Refugee Convention 

Northern Ireland is part of the UK with a different government and asylum system than the Republic of Ireland.

There is no common travel area for asylum seekers and refugees between these countries. An asylum seeker or refugee cannot travel between Northern Ireland and the Republic of Ireland without permission from the UK Home Office.   

If a claim for asylum has not been made on arrival at a port, those wishing to claim asylum in Northern Ireland must go in person to:

Asylum claims can be registered at Drumkeen House Monday to Friday from 9.00 am to 4.00 pm.

 If you arrive outside of these times, you must go to:

• Musgrave Police Station

At Musgrave Police Station, the police will ask you some questions to see if you are vulnerable or destitute. They will also contact the Home Office to find out your immigration status and vulnerability. An interpreter will be available if needed.

The Home Office will tell the police of any eligibility for immediate support financially and with housing. If you meet the criteria for support, a referral will be made to the housing provider (Mears Group) to collect you within three or four hours and take you to your housing.

You will be given food and water, access to a solicitor and medical help if needed. If you do not have permission (also known as existing leave) to be in the United Kingdom, you may be detained by the police for the Home Office.

The police will explain why you are being detained, and an Immigration Enforcement Officer will arrive when available. They will either issue immigration bail papers or take you to Drumkeen House to register your claim for asylum.

• Claim asylum in the UK

Register your asylum claim

If you are an adult, you register your asylum claim at a ‘screening’ event.

At a screening event, various checks will be made. Your photograph and fingerprints will be taken and you will be interviewed by an official who will ask for a brief account of why you need to claim asylum. They will also ask you about your journey to the UK, your health, personal circumstances and other relevant matters.

If you know you need to claim asylum at the point you arrive in the UK, you should claim asylum at that point, at the border or port.

If you become aware that you need to claim asylum only after entering the UK, you should claim asylum at the earliest opportunity. You can do this at Drumkeen House, or Musgrave Police Station (if necessary) as explained above.

What happens at a screening interview

You’ll need your identification documents for yourself and your dependants (partner and children under 18) for your asylum screening.

There are different processes for screening and asylum support in Northern Ireland to that outlined on the GOV.UK website.

In Northern Ireland, your screening interview may be at the same time you go to Drumkeen House to register your asylum claim. Or, you may receive a phone call within a few days of arrival in Northern Ireland to make arrangements for the interview.

It is important that you give your telephone number and answer calls quickly. Your claim may be withdrawn if you cannot be contacted.

During your screening interview, if there are reasons to believe that you have been the victim of modern slavery or human trafficking you will be offered a referral to the National Referral Mechanism. It may be able to give you extra support. If you are under 18, this referral will be made without you having to give permission.

• National referral mechanism guidance: adult (Northern Ireland and Scotland) 
• Modern slavery and human trafficking

At your screening interview the Home Office will ask whether you need somewhere to live.

For more information read the ‘Asylum Support’ section. If you arrive in Northern Ireland with sufficient finances or you have other means of support, you may not be eligible for asylum support.

You will be given a copy of your screening interview in English at the end of the screening interview, or it will be posted to you. It is important that you read this and keep this document safe to give a copy to your legal representative.

You cannot get financial help for travel to or from the Asylum Intake Unit at Drumkeen House. After your screening interview, the Home Office will review your case and decide whether it can be considered in the UK.

Children born in NI while waiting asylum claim decision

 If your child is born in NI while waiting for a decision on your asylum claim your immigration adviser should tell the Home Office that your child should be added to your asylum claim.

• Registering and naming your baby

Being detained

You may be detained at an immigration removal centre while you wait for a decision on your application.

• Asylum claims in detention: caseworker guidance

• The Right to Remain Toolkit

Immigration bail

A person who does not have permission to stay in the UK may be given ‘immigration bail’.

This allows them to live in the community while their immigration application is being processed. Most asylum seekers will be given immigration bail.

Immigration bail has specific conditions - for example:

• report regularly to the Home Office or police
• a residence requirement
• restriction on working or studying

These conditions are listed in the 'Bail 201' letter. The bail document will have your port reference, which is a unique number for your case, photograph, bail conditions and reporting details if you have to report to the Home Office regularly.

• Immigration bail conditions: electronic monitoring (EM) expansion pilot 

Immigration bail is temporary and can be reviewed at any time. It does not give any permanent rights.

Reporting

Your Bail 201 (or IS248) will have details if you have to report to the Home Office.

You may be detained during your reporting visit, particularly if your application has been refused.

Make sure that you tell a friend or a family member before you attend your reporting appointment so they can call your legal representative in case you are detained.

 Reporting Centre in Northern Ireland

• phone: 028 9019 1003 (Tuesday to Thursday from 9.00 am to 4.00 pm)

• The Right to Remain Toolkit
• Immigration reporting centres
• Reporting and offender management

Information questionnaire

You may also be sent an asylum questionnaire. If you get one, fill it in and return it by the deadline. The address and deadline are written on the letter that comes with the questionnaire.

If you cannot fill it in, call the Home Office asylum team. Their phone number will be on the letter. More information is available on GOV.UK:

• Preliminary information questionnaire for asylum claims

Application Registration Card (ARC)

After your screening, you’ll be sent an application registration card (ARC) to your address, unless you’ve been detained.

Contact the Home Office using the online form if you have any problems

• Application registration card (ARC) enquiry form

For example:

• you’ve not got your ARC through the post
• you’ve lost it
• it’s been stolen
• it’s expired

You’ll be asked to give your Home Office or port reference number, and your ARC reference (if you know it).

Changes of circumstances

If there are any changes to your or your dependants’ circumstances, you must tell the Home Office immediately.

You can do this is through Migrant Help for asylum support changes:

• phone: 0808 8010 503
• Contact Migrant Help

It is important that you also notify your legal representative and/or the immigration part of the Home Office of any change to your circumstances:

• email: asylumcentralcommunicationshub@homeoffice.gov.uk
• How to email the Asylum Central Communications Hub

If you do not tell the Home Office about a change in your circumstances, you may:

• lose your support from the Home Office
• have to pay back any support that you have received, to which you were not entitled
• be guilty of an offence under the Immigration and Asylum Act 1999 Home Office

Your asylum claim may be withdrawn:

• if the Home Office cannot contact you
• if you leave the UK without authorisation
• if you fail to respond to a questionnaire
• if you fail to attend reporting events or asylum interviews without a reasonable explanation
• Withdrawing asylum applications: caseworker guidance

If you think an asylum claim has been wrongly withdrawn, you can raise this:

• email: asylumoutcomereview@homeoffice.gov.uk

Withdrawing an asylum claim

If you want to withdraw your asylum claim, you must email the Home Office as soon as possible. Explain in writing why you want to withdraw your asylum claim. For example, because it is now safe to return to your country of origin or because you have been granted another type of permission to stay in the UK.

• email: asylumcentralcommunicationshub@homeoffice.gov.uk

You can get help to return to your home country if you have chosen to withdraw your asylum claim:

• Get help to return home if you’re a migrant in the UK

Asylum decision-making

If an asylum claim can be considered in the UK, it will be given to an asylum decision maker.

If you were previously in or have a connection to a safe third country where you have or could have claimed asylum, your asylum claim may be declared inadmissible. If your asylum claim is inadmissible, it will not be considered substantively in the UK, and you will be removed to a relevant safe country.

• Inadmissibility: safe third country cases

If the Home Office cannot send you to another safe country, your asylum claim will be considered in the UK and given to a caseworker. You can get up to two years in prison or have to leave the UK if you give false information on your asylum claim.

EU nationals

If you are a national of a safe European Union country, the Home Office must legally declare your asylum claim inadmissible, unless there are exceptional circumstances. If your claim is declared inadmissible, it will not be considered. 

Legal advice

It is a criminal offence for a person to give immigration advice or services in the UK unless their organisation is regulated by the Office of the Immigration Services Commissioner (OISC) - or is covered by the Immigration and Asylum Act 1999.

It is important that you speak to an immigration adviser as soon as possible. Your immigration adviser will be able to help you with information about asylum process, help you translate your documents and arrange for any extra reports to be sent to the Home Office.

As an asylum seeker you may be get free legal advice if you meet the criteria for legal aid. You will be classed as an asylum seeker once you have been fully screened. To be eligible for legal aid you will need to prove that you are on a low income and that your case has a realistic chance of success.

Find out if you can get help paying for legal advice about asylum:

• Check if you can get legal aid

Find an immigration adviser in Northern Ireland Law Society:

• Immigration guidance

Permission to work  

Ask your immigration adviser before thinking about applying to work.

• Permission to work and volunteering for asylum seekers

Asylum interview

Your asylum interview will usually take place after your screening interview.

You may be granted protection status without having to attend an asylum interview. This will only happen where there is enough evidence from your screening interview and any other evidence provided to decide that you qualify for protection status.

You’ll get a letter/email telling you when and where to attend your asylum interview.

If your partner or any children under 18 were included in your application as ‘dependants’ they may also need to attend an interview. The letter will tell you if they do.

You can bring an immigration adviser to this interview. However, you must tell the Home Office at least 24 hours before the interview, so that we can make the necessary arrangements.

If you live more than three miles from the interview venue, the Home Office will contact you with travel arrangements to attend the interview.

If you do not receive confirmation of travel, contact:

• email: CPIL-InterviewEnquiries@homeoffice.gov.uk

Tell them the following:

• unique application number (UAN)
• full name
• date of birth
• nationality

You’ll usually be interviewed alone, without your family members. An interpreter will be offered if you need one. The interviewing officer will check that you and the interpreter fully understand one another at the beginning of the interview.

There is no childcare provision at Drumkeen House during asylum interviews, therefore you must not bring any children with you.

Your asylum interview may happen over a video call – this means that you will be  at Drumkeen House and your interviewer will be in another place in the UK. If so, the audio will be recorded, and you’ll receive a copy of the transcript after the interview (and audio recording if asked for).

• Asylum interviews

Immigration advisers

You can bring an immigration adviser to this interview, for example a lawyer or solicitor.

Your interview will take place even if your immigration adviser is not there. You cannot ask for more time to get an immigration adviser.

Children applying on their own

You can apply as a child on your own if you do not have an adult relative who is also claiming asylum.

• Claim asylum in the UK: If you're under 18  

If you are an unaccompanied child, you will be referred to social workers as soon as possible after you've met with the Home Office or other relevant authorities in Northern Ireland.

This is to make sure that your housing and welfare needs can be assessed, and proper provision made by Health and Social Care Trusts who are not part of the Home Office.

Some unaccompanied children who claim asylum will be moved from local authority care in another part of the UK to Northern Ireland under a system called the National Transfer Scheme (NTS).

• NTS for unaccompanied asylum seeking children – Northern Ireland

If you transfer to Northern Ireland under the NTS you will also receive housing and support from a Health and Social Care Trust. An asylum claim from a child will always be dealt with by a specially trained Home Office decision maker.

• Processing children's asylum claims: caseworker guidance