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Human rights and asylum claims in the UK
If you can’t safely return to your country, you may be able to claim asylum or humanitarian protection in the UK. If you have strong family or private life ties here, you may be able to stay on human rights grounds under Article 8. Each route has different evidence, costs and rights of appeal.
- Protection and Article 8 routes
- Most claims made in the UK
- Usually a right of appeal
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Reviewed by Qiyin Chuah, IAA Level 3 · Last reviewed
Compare human rights and protection routes
Asylum and humanitarian protection are about risk on return. Article 8 and discretionary leave are about your life in the UK. Statelessness is about nationality.
| Requirement | Refugee status Asylum | Serious harm Humanitarian protection | Family or private life Private and family life (Article 8) | Exceptional cases Discretionary leave | No nationality Statelessness |
|---|---|---|---|---|---|
| Who it’s for | People fearing persecution for a Refugee Convention reason | People facing serious harm on return who do not qualify as refugees | People qualifying on family or private life grounds, including exceptional circumstances | People with compelling exceptional circumstances not covered by another immigration route | People not recognised as nationals of any country who cannot live permanently elsewhere |
| Where you apply | In the UK, at the border or through the asylum registration process | Considered within the asylum claim | Private life: in the UK; family life: inside or outside the UK, depending on route | Usually considered in the UK, depending on the circumstances | In the UK |
| Home Office fee | No fee | No fee when considered as part of an asylum claim | Usually £1,407 for an in-country application, plus IHS where applicable; fee waivers may be available | Depends on application type; £1,407 for certain in-country applications, with exemptions or waivers possible | Free to apply |
| Initial leave | 30 months | 30 months | 30 months | Usually 30 months | 5 years |
| Leads to settlement | Potentially, under protection settlement rules; eligibility depends on the claim date and applicable requirements* | Potentially, under protection settlement rules; eligibility depends on the claim date and applicable requirements* | Yes; usually 5 or 10 years depending on route, with some children eligible sooner | Usually after 10 years | Yes, normally after 5 years with statelessness permission |
| Right of appeal if refused | Usually yes | Usually yes | Usually yes if a human rights claim is refused, subject to appeal restrictions | Depends on whether refusal also determines a protection or human rights claim | Administrative review available; no ordinary statutory appeal against refusal under the statelessness route |
| Full guide | Ask about this route | Ask about this route | Ask about this route | Ask about this route | Ask about this route |
*For asylum claims made on or after 2 March 2026, the normal initial grant is 30 months. Unaccompanied asylum-seeking children generally receive five years, and exceptional longer grants are possible. The change to initial permission should not be interpreted as an automatic five-year settlement entitlement for newer claims.
What these claims usually depend on
Every claim is fact-specific. These are the points caseworkers and judges look at most.
- A credible, consistent account
Your story, interview answers and documents need to fit together.
- Evidence
Country information, medical or expert reports, and documents about you.
- Your ties to the UK
For Article 8: relationships, children’s best interests, length of residence and integration.
- Timing
Delays in claiming can count against you. Deadlines for appeals are short.
- Previous claims
A fresh claim must include new material that wasn’t considered before.
Refused, or facing removal?
Deadlines are short. An appeal usually has to be lodged within 14 days of the decision if you’re in the UK.
- Read the decision now. It sets out the reasons and the deadline for an appeal.
- Keep all your papers. Including the refusal letter and anything you sent with the claim.
- Fresh claims. If an appeal has finished, a fresh claim needs genuinely new evidence.
- Detention or removal directions. Get advice the same day.
What these claims cost
There’s no Home Office fee to claim asylum. Article 8 applications usually carry the application fee and the Immigration Health Surcharge, though fee waivers are available if you can’t afford them.
Worked example
Article 8 application in the UK, one person
Application fee £1,407 + health surcharge 2.5 × £1,035
A fee waiver may be available if you can show you can’t afford the fee.
| Application | Fee | Health surcharge |
|---|---|---|
| Asylum or humanitarian protection | No fee | None |
| Private and family life (Article 8) | £1,407 | £1,035 a year |
| Discretionary leave | £1,407 | |
| Statelessness | £1,407 | None |
| Appeal to the First-tier Tribunal | £144 | None |
Home Office fees per applicant, from the 8 April 2026 schedule.
How we can help
From a first claim to an appeal. Legal aid may be available for asylum claims; we’ll tell you if another provider would suit you better ~v.
What our clients say
What individuals, families and businesses say about working with QC Immigration.
Questions about human rights and asylum
For route-specific questions, see each guide.
Asylum is for people who fear persecution for a Refugee Convention reason, such as race, religion, nationality, political opinion or a particular social group. Humanitarian protection covers people at real risk of serious harm who don’t meet that definition. Both are considered in the same claim.
Yes. You can claim if your circumstances change or you couldn’t claim earlier, but delay can affect how your account is judged. Claim as soon as you can and explain any delay.
A claim that removing you from the UK would breach your right to respect for private and family life. It usually relies on a partner, children, or long residence in the UK. The Home Office weighs your ties against immigration control.
Usually not. You can ask for permission to work if your claim has been waiting more than 12 months through no fault of yours, and then only in jobs on the shortage list.
It varies widely, from months to more than a year. You’ll have to attend a screening interview and later a substantive interview. Keep your contact details up to date with the Home Office throughout.
You’ll usually have a right of appeal to the First-tier Tribunal, with a short deadline. Read the decision letter for the date. If appeal rights are exhausted, you may be able to make a fresh claim with new evidence.
Tell us what you need help with
A regulated adviser reviews your situation and comes back with an honest next step within one working day.
- An IAA-regulated UK immigration adviser reviews your case.
- A personal reply with your next step, within one working day.
- No payment required. Fixed fees if you proceed.
- 4.9 on Google
- IAA Level 3 · the highest tier
- 7,000+ clients helped
- Fast-track support
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