At Right to Remain, we’ve been hearing from people in our communities and organisations supporting people seeking asylum about a change in how the Home Office is granting immigration status to families.

Some adults included as dependants on their partner’s asylum claim are being granted a type of immigration status called ‘leave in line’, rather than refugee status or humanitarian protection. This is not a new Home Office policy, but we’re hearing more reports of it being applied in practice.

Children can also be granted leave in line, although different rules apply when children have their own protection needs.

Leave in line is not the same as having protection status in your own right. This can have serious consequences, particularly if someone wants to travel or their relationship breaks down.

In this blog, we explain what leave in line means, how the rules differ for adults and children, why this matters, and what you can do to seek protection in your own right.

What is Leave in Line? 

In an asylum claim, the Home Office uses the word  ‘dependant’ to describe a partner or child of a person claiming asylum. 

If you have leave in line status, it means that the Home Office is treating you as a dependant on your family member’s asylum claim. Leave in line status is based on someone else’s circumstances and is linked to their immigration status. 

Adults – The Home Office guidance says it must ask you privately if you want to make your own asylum claim, separately from the person whose claim you are included on. The Home Office must also get your consent before treating you as a dependant on someone else’s asylum claim

Children – Children included in their parent’s asylum claim should be treated as someone asking for asylum too. A child’s circumstances and any risks they may face can be considered as part of their family’s asylum claim or through their own separate claim. 

Why is it important to have your own protection status? 

Having your own protection status means that your permission to stay in the UK does not depend on another person’s immigration status. This can be important if your relationship changes, if you need to travel, or when you apply to stay in the UK permanently.

If you have leave in line as the partner of someone with protection status, your own immigration status and rights could be affected if there are changes to your relationship (for example, the relationship breaks down) or your partner loses their protection status.

Only people with protection status can apply for a Refugee travel document. This means that if you have leave in line, you will need a national passport or will need to make a more complicated application for a certificate of travel. This can make travel more difficult. 

The law changes often and quickly, and can affect your future rights and entitlements including your ability to stay in the UK permanently (settlement). For example, the government’s proposals for earned settlement could mean different rules for people with protection status, and people with leave in line.

What can I do if I have been granted leave in line?

If you think you have been granted leave in line status, there are some things you can do that may help. 

You can start by checking your Home Office decision letter. Your letter should explain what type of status you have been granted. If you don’t have a copy of this, you can request this from the Home Office. This is called a Subject Access Request. We explain how you can make this request here. 

I am an adult and I have been granted leave in line

If you are an adult and you have been granted leave in line, you can make your own asylum claim. This means that the Home Office will ask you to attend an interview, and consider your claim separately to make a new decision.

If your family circumstances have not changed, then you will continue to have leave in line, even if you claim asylum. 

If you are an adult and your relationship with your partner has broken down due to domestic abuse, you may be able to make an application to stay in the UK based on your situation.

My child has been granted leave in line.

If your child has been granted leave in line, you can tell the Home Office that they also need protection for their own reasons. To do this, you will need to contact the Home Office and  explain your child also needs to claim asylum. The Home Office might ask you to explain why your children are at risk.

If they claim asylum and are not granted protection status, they will normally get a right of appeal to challenge the decision. If they had leave in line status, this will continue unless the Home Office grants your child protection status in their own right.

I am waiting for a decision on my family’s asylum claim.

If you are an adult, you can tell the Home Office that you want to claim asylum separately from your partner. This means the Home Office will make a separate decision and consider the risks to you as an individual.

If you have children, you can tell the Home Office that you are making a family claim, and explain why your children are also at risk in the country you are from. This means that they can have their own protection status.

You can contact the Home Office by email to tell them that each family member is claiming asylum based on their own protection needs. You should include basic details such as:

• Your name
• Your date of birth
• Your nationality
• Your Home Office reference number (port reference or UAN)
• Your current address
• Your contact details

You can also tell the Home Office in-person at a Home Office interview or appointment. If you have recently entered the UK to claim asylum, then you can tell the Home Office that you have separate protection needs when you have your screening interview.