If you are fostering an unaccompanied asylum-seeking child, understanding the asylum process is essential. Not because you manage it, but because it runs in the background of everything you do together. This guide explains each stage in plain English.
Immigration law changes frequently. This guide reflects the general process as of early 2024, but specific rules and timescales may have changed. Always refer to the young person's immigration solicitor for advice on their individual case.
Claiming asylum
A young person claims asylum by presenting themselves to the Home Office and stating that they are afraid to return to their country of origin because of persecution. For UASC, this usually happens shortly after they arrive in the UK, often via a port of entry or police or social services contact.
The legal basis for asylum claims in the UK is the 1951 Refugee Convention, which defines a refugee as someone who has a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.
Children also have additional protections under the UN Convention on the Rights of the Child, which requires that their best interests are a primary consideration in all decisions made about them.
Screening and registration
After claiming asylum, the young person will typically go through a screening interview with the Home Office. This is a relatively brief, factual interview to establish basic identity and the broad grounds for their claim. Biometric data (fingerprints and photographs) will be taken. The young person will be given a registration card (known as an ARC card) as a document of their status while their claim is being considered.
UASC may also undergo an age assessment by the local authority if there is doubt about their age. This is a process that has been widely criticised for its reliability, and organisations like the Refugee Council provide guidance and advocacy for young people going through it.
The asylum interview
The substantive asylum interview is the key stage of the process. The young person is interviewed in depth by a Home Office caseworker about their life in their country of origin, the reasons they left, and what they fear if they return. The interview is conducted through an interpreter and is recorded.
The interview is often traumatic. Young people are asked to recall and describe in detail the worst experiences of their lives, often for the first time and to a stranger in authority. Preparation with their solicitor is crucial. Some young people will have PTSD symptoms exacerbated by the process of giving evidence about their trauma.
As a carer, your role in the lead-up to the interview is to ensure the young person is as well-supported as possible, that they have had proper time with their solicitor, and that they know you will be there when it is over.
The decision
After the interview, the Home Office makes a decision. There are several possible outcomes:
- Refugee status. The young person is recognised as a refugee under the Convention and granted leave to remain, typically for five years initially, with a route to settlement.
- Humanitarian protection. The young person does not meet the refugee definition but faces serious harm if returned. Leave to remain on humanitarian grounds is granted, usually for five years.
- UASC leave. Where the claim is not decided on its merits but the young person is a minor with nowhere safe to go, limited leave is granted until age 17.5 or for 30 months, whichever is longer. This leave must be reviewed when it expires.
- Refusal. The claim is refused. The young person has the right to appeal.
If the claim is refused
A refusal is not the end. The young person has the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). They must continue to be supported in care while their appeal is pending, and their solicitor will advise on next steps.
If the appeal is refused, there may be further legal avenues including onward appeal to the Upper Tribunal. These processes can be lengthy and emotionally exhausting. Young people in this situation need maximum emotional support from their carers.
Your role as a carer throughout this process
You are not a legal advisor. You are not an interpreter. You are not a case manager. Your role is to be the consistent, caring adult in the young person's life while all of this is happening around them. That is no small thing.
Concretely, you can:
- Ensure appointments are kept and the young person arrives prepared and accompanied
- Communicate with the young person's Supervising Social Worker about any concerns arising from the asylum process
- Provide emotional support before and after difficult appointments
- Help the young person maintain their routine and focus on education during periods of waiting
- Advocate for the young person's needs within the professional network
Turning 18
Turning 18 is a significant moment for UASC. Their status as a looked-after child ends. If they have refugee status or humanitarian protection, they are entitled to the same leaving care support as any care leaver. If they are on UASC leave, this must be renewed or a substantive decision made on their asylum claim. If their claim has been refused and they have no further appeal, they may face removal.
The Staying Put arrangement, which allows young people to remain with foster carers after 18, applies equally to UASC. Epiphany strongly supports carers who wish to provide this continuity, and we will work with you and the placing authority to make it happen wherever possible.
"The day his refugee status came through, he just sat quietly for a long time. Then he said, 'Now I can plan.' That is what this process is about. Giving a child the ability to have a future." Epiphany Foster Carer, Bristol