Refugee Protection
In the event that you are at risk of persecution in your country and are unable to return due to this risk, you may be considered a refugee and granted permission to remain in the United Kingdom. It is recommended that you apply for asylum if this is the case.
You are entitled to protection under the 1951 Refugee Convention, which is also a component of UK law. You are entitled to protection from "refoulement" by the UK authorities, which refers to your forcible return to a country where you are at risk of persecution.
What are the primary eligibility criteria for refugee or asylum protection?
The following are the requirements for being recognised as a refugee:
- Be outside your country of origin, or if you are stateless, the country in which you usually live;
- Have a well-founded fear of persecution on the basis of your race, religion, nationality, political opinion or your membership of a particular social group that puts you at risk because of the social, cultural, religious or political situation in your country (for example, your gender, gender identity, sexual orientation);
- Be unable or unwilling to get protection from the authorities in your country;
Have no part of your country where you are able to live in safety that you can reasonably be expected to go.
Prior to determining whether the aforementioned criteria are satisfied, the UK authorities will determine whether they are responsible for investigating your claim. However, they may discover that they are not accountable if:
- There is another country which you can go to which has already recognised you as a refugee or given you protection against ‘refoulement’;
- There is another safe country which you can go to and ask for protection, where it would be reasonable for you to go to due to a previous connection there. For example, if you have previously claimed asylum in another EU country, or have family members living there.
What additional information is required regarding refugee protection or asylum?
If there is a genuine threat of death or severe damage to one's life if they were to return to their country of origin, humanitarian protection may be granted to them, even if they do not meet the criteria for refugee status.
If you are recognised as a refugee or granted humanitarian protection, you will be granted a residence permit that is renewable for a period of five years. A residence permit will be issued to your spouse or children under the age of 18 if they applied during the same time as you as your dependants. After five years, this residence permit may be renewed, or you may petition for settlement.
Similar to a settled individual, you will be entitled to the same rights to education, healthcare, employment, and benefits. Furthermore, you may submit an application for a travel document that can be utilised for international travel.