National protection statuses and return procedure

United Kingdom

Country Report: National protection statuses and return procedure Last updated: 10/04/25

Author

Sonia Lenegan

National forms of protection

When an asylum application is rejected, the Home Office will also consider whether the applicant should be granted leave on other human rights grounds under article 3 or article 8, as provided for under the Immigration Rules. Leave granted on article 8 ECHR grounds will generally be granted under Appendix Private Life[1] or Appendix FM[2] of the Immigration Rules and provides for a grant of leave lasting two and a half years. Leave must be renewed every two and a half years by making a paid application unless a fee waiver is obtained, until the applicant has accrued ten years of lawful residence, at which point they are eligible to apply for settlement under Appendix Long Residence.[3] In addition to the longer period before settlement, those granted leave under these routes will not automatically be entitled to access public funds.

 

Return procedure

The returns process operates separately to the asylum process and there does not appear to be any structure as to how and when people are targeted for removal. It is common for people to have their asylum claims refused and to remain in the UK long after rejection of their appeal.

 

 

 

[1] Immigration Rules, Appendix Private Life, available here.

[2] Immigration Rules, Appendix FM, available here.

[3] Immigration Rules, Appendix Long Residence, available here.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection