Last updated: 6 January 2026
On this page, you will find the following information:
- What happens after a Home Office refusal?
- Do you have a right appeal?
- If you already have a legal aid lawyer
- If you get asylum support (money and/or housing from the Home Office)
- Actions you can take after being refused by the Home Office
If the Home Office accepts your story and evidence and agrees that you need protection in the UK – they make a positive decision on your asylum claim – you will be granted leave to remain in the UK. You may hear this described as getting “immigration status”, “permission to stay in the UK”, or getting “papers”.
You may be granted Refugee Status or Humanitarian Protection, or sometimes another form of leave to remain.
What happens when the Home Office grants status after an asylum application?
A grant of refugee status
If the Home Office decides that you have a need for protection because you are at risk of persecution, and your claim falls under the grounds for protection in the Refugee Convention, you will be granted Refugee Status for a period of 5 years. After this time, you can apply for settlement (also known as ‘indefinite leave to remain’) in the UK. After 1 year of settlement, you will be able to apply for British citizenship (a British passport). You can read more about this in the ‘Applying for British Citizenship’ section of this page below.
The new Nationality and Borders Act which came into law in 2022 created an asylum system with two different levels for people who arrive in the UK after 28 June 2022. People who arrived to the UK directly (without passing through a safe country) and claimed asylum without delay were to fall into Group 1 which is the ‘regular’ refugee route. Everyone else was to fall into Group 2 and be granted a lesser type of leave called ‘temporary refugee permission’.
However, in June 2023 after less than a year, it was announced that this two-group system would be discontinued from July 2023. Everyone whose asylum claim is granted will receive Group 1 or ‘normal’ refugee status. Anyone who was given Group 2 status will be ‘upgraded’ to Group 1. You can read more about this change here.
You can read the Home Office guidance on asylum claims lodged on or after 28 June 2022 here.
What happens after you receive refugee status?
We know that although a grant of refugee status can be a big relief, it can also be a very overwhelming experience as many changes happen very quickly.
We have a detailed Toolkit page which outlines what happens after you receive refugee status (including information on housing, family reunion, getting a bank account, receiving benefits, and more).
A grant of humanitarian protection
Refugee status (see above) should be granted if you can show you are at risk of specific, individual persecution.
If you are fleeing war or violence that is threatening or harming many people where you are from – not you specifically because of who you are – you may not qualify for refugee status.
If you are not at risk of individual persecution but you would be at risk of serious threat or harm if you returned to where you are from because of general violence (for example during a war or internal conflict), then you may be granted another form of immigration status called Humanitarian Protection. This is often referred to as ‘protection status’.
Paragraphs 339C-CA of the Immigration Rules set out the basis on which a person will be granted humanitarian protection:
339C. An asylum applicant will be granted humanitarian protection in the United Kingdom if the Secretary of State is satisfied that:
(i) they are in the United Kingdom or have arrived at a port of entry in the United Kingdom;
(ii) they are not a refugee within the meaning of Article 1 of the 1951 Refugee Convention;
(iii) substantial grounds have been shown for believing that the person concerned, if returned to the country of origin would face a real risk of serious harm and is unable, or, owing to such risk, unwilling to avail themselves of the protection of that country; and
(iv) they are not excluded from a grant of humanitarian protection.
Serious harm includes the death penalty, unlawful killing, torture or punishment in the country of origin, or a threat to life due to indiscriminate violence or armed conflict.
If you qualify for refugee status, you will not be granted humanitarian protection, even if you specifically apply for it (paragraph 334 of the Immigration Rules).
People who receive humanitarian protection status are granted leave to remain for 5 years, and enjoy almost all of the same rights as those with refugee status.
If you are granted Humanitarian Protection and you would like to travel, you will either need to use your national passport or if you can show that you cannot do this, you can apply for a Certificate of Travel from the Home Office.
If you receive a grant of Humanitarian Protection, you may apply for settlement (indefinite leave to remain) in the UK if you fulfil the following requirements:
- You have a residence card showing that you have humanitarian protection, and
- You have had humanitarian protection status in the UK for 5 years.
There is no application fee for you to apply for settlement with Humanitarian Protection, and this will also apply to your partner or child. You should apply during the last month of your current permission to be in the UK.
You must apply online. You can learn more about the application process and the form you will need to fill out here.
If your application for settlement is refused, you might still be able to stay in the UK. Your decision letter from the Home Office will explain what you’ve been offered instead of indefinite leave to remain.
Under the Nationality and Borders Act 2022, the Home Office sought to limit the rights and benefits of those who received humanitarian protection. However, this unworkable plan was scrapped in the summer of 2023. You can read about that here.
Other leave to remain
In some cases, your asylum claim may be refused but you may be granted another type of leave to remain in the UK.
If you have applied for asylum, and that application is refused, you may be granted leave under the immigration rules (on human rights grounds, for example). You can read more about this here.
If you are an unaccompanied minor and there are not adequate reception arrangements in your country of origin, the Home Office may grant you limited leave to remain until you are 17.5 years old. You can read more about young people’s journey through the asylum process on our Young Asylum Guide website.
Discretionary Leave
Discretionary Leave (DL) is a type of temporary immigration status which is granted by the Home Office in ‘limited circumstances’. You cannot apply for Discretionary Leave from abroad, and it cannot be granted if you qualify for refugee status or humanitarian protection (HP) or for family or private life reasons.
According to the Home Office guidance, “where Discretionary Leave (DL) is granted, the duration of leave must be determined by considering the individual facts of the case but leave should not normally be granted for more than 30 months (2 and a half years) at a time.
When an individual is granted an initial period of DL, this does not necessarily mean they will be entitled to further leave or to settlement. Subsequent periods of leave may be granted providing the applicant continues to meet the relevant criteria set out in the published policy on DL applicable at the time of the decision”.
In some modern slavery/trafficking cases, Discretionary Leave may be granted. This may be if asylum is refused or was not sought, but there are particular circumstances meaning that you, as a recognised victim of trafficking need to stay in the UK. This includes situations where you are assisting the police with inquiries, or where there are particularly compelling personal circumstances. Read more about the National Referral Mechanism and modern slavery in our Key Guide here.
Some medical cases may also result in Discretionary Leave, if removal would breach your Article 3 (right to protection from torture or degrading treatment) or Article 8 (right to private and family life) rights under the European Convention on Human Rights (ECHR).
If you have Discretionary Leave, you can apply for settlement after:
- 6 years if you were first given Discretionary Leave on or before 8 July 2012
- 10 years if you were first given Discretionary Leave from 9 July 2012
- You must still meet the eligibility criteria for your type of leave. Check your documents to see what your criteria are
If you have Discretionary Leave it costs £2,885 for you and each other person you include in your application for settlement. You’ll each need to have your biometric information (fingerprints and a photo) taken, too.
You should apply for settlement during the last month of your current permission to be in the UK. You must apply online. Learn more about the application process and the form you will need to fill out here.
If your application for indefinite leave to remain is refused, you might still be able to stay in the UK. Your decision letter will explain what you’ve been offered instead of indefinite leave to remain.
In rare circumstances, another kind of leave called Restricted Leave may be granted. For example, if you are excluded from receiving Refugee Status or Humanitarian Protection, but your Article 3 rights under the ECHR would be breached if you were removed from the UK.
Applying for permanent residence (Citizenship) in the UK
If you are granted refugee status or humanitarian protection, you can apply for Indefinite Leave to Remain (ILR) in the UK after spending 5 years in the UK. ILR is sometimes called ‘settled status’. You can learn more about applying for ILR here.
After having ILR for 12 months, and if you meet the ‘good character’ requirements, you can apply for British citizenship. This is sometimes called ‘naturalisation’. You can learn more about applying for British citizenship here.
If you have humanitarian protection, you will typically be granted 5 years’ leave to remain in the UK. At the end of this period, you will be eligible to apply for ILR (settled status) in the UK. After having ILR for 12 months, you will be able to apply for British citizenship.
What happens after a Home Office refusal?
A Home Office refusal can feel shocking and upsetting. But it does not always mean your case is over. Some people can make a legal challenge. This is called an appeal (a judge looks at the Home Office decision). Read more about appeals here.
If you have a lawyer or legal adviser, contact them as soon as possible. If you do not have one, you can still take steps to protect your case.
First, read your decision letter. You (and your lawyer, if you have one) will need to read the Home Office decision letter carefully. In asylum cases this is often called a Reasons for Refusal Letter (RFRL). It should explain whether you have a right of appeal (and the deadline), or a different review option and why the Home Office refused you.
If you are appealing in the UK, the Home Office says you usually have 14 days from the date you received the decision letter.
If you are outside the UK, it is usually 28 days from the date you received the decision letter.
Always check what your letter says.
Click on the buttons below for translated summaries of this section on refusals (or use the Google Translate tool in the top left hand corner):
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Do you have a right of appeal?
Not all Home Office decisions come with a right of appeal. Your Home Office decision letter should tell you whether you have an appeal right.
You can appeal a decision if the Home Office has:
- refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
- refused your human rights claim (this includes claims raising health, family and private life grounds)
- revoked (this means taken away) your protection status
- revoked your British citizenship
- refused you a residence document or deported you under the Immigration (European Economic Area) Regulations 2016
- refused or revoked your status, varied (changed) the length or condition of your stay, or deported you under the EU Settlement Scheme
- refused or revoked your travel permit or family permit under the EU Settlement Scheme or restricted your rights to enter or leave the UK under those permits
- refused or revoked your permit, or deported you if you’re a frontier worker
- refused or revoked your leave, or deported you if you’re an S2 healthcare visitor
Some asylum or human rights claims are “certified” by the Home Office. This means the Home Office is saying your claim is clearly not true or clearly cannot succeed (they may use the words “clearly unfounded”). If your claim is certified (sometimes the letter may mention “section 94”), you usually cannot appeal from inside the UK. This does not always mean there is nothing you can do but you may need urgent legal advice about other options, for example a judicial review (a court challenge about whether the Home Office made the decision not to give you a right of appeal lawfully and fairly).
If you have a lawyer and they think the Home Office decision is very bad and major errors have been made, they may contact the Home Office before making submitting an appeal to ask them to reconsider their decision. This is only likely to succeed in a very strong case.
If you made another type of application (that isn’t in the list above) before 6 April 2015 you may still have the right of appeal if you are refused. See the Home Office website for more information here.
If you are making a human rights claim when you are subject to deportation after a criminal sentence, the Home Office may certify the claim unless you can show that “serious and irreversible harm” would occur if you had to appeal outside of the UK. The Home Office is less likely to certify your claim if your child is a British citizen. Read more on the Deportation page of this guide.
What if I don’t have the right to appeal?
Administrative review (Home Office review)
If you do not have a right of appeal, your letter may say you can ask for an administrative review. This is asking the Home Office to check whether they made a caseworking error. It can take 12 months or more to get the result.
Judicial review (court challenge about how the decision was made)
A judicial review is not the same as an appeal. An appeal is about the substance of your case. A judicial review is usually about whether the Home Office made the decision lawfully and fairly (the process). For example: did the Home Office follow the correct rules and take relevant evidence into account. A judicial review can also be used to challenge the Home Office decision to refuse you a right of appeal. Judicial review is complicated and has time limits. If you can, get legal advice as soon as possible.
Read more on the Judicial Reviews page of this guide.
If you have a right of appeal, the next step is to lodge your appeal in time. See our Preparing your appeal page for what to do on the day you receive a refusal and the step-by-step process.
If you already have a legal aid lawyer
If you have a legal aid lawyer (a lawyer paid for by the Legal Aid Agency because you cannot afford to pay), they may need to decide if they can keep representing you after a refusal. This is called a merits test. Merits test means the lawyer must check whether your appeal has a strong enough chance of success for legal aid funding. In general, legal aid usually requires the lawyer to assess that the case has at least a 50% chance of success (sometimes called “moderate” prospects). There are some exceptions in certain situations. This is a requirement of the Legal Aid Agency, not the lawyer’s personal choice.
If you have a private lawyer (you pay fees), you will usually need to pay for the appeal work. They should still be honest with you about whether they think your appeal is strong enough to succeed, and explain their reasons.
If your legal aid lawyer says they cannot continue to help you for your appeal:
- ask them to explain the reasons clearly. If they tell you they are completing a CW4 form then please read this page.
- ask what options you have next (for example, getting a second opinion)
- Remember the deadline in your refusal letter. If your lawyer is closing your case, you can ask them to lodge (submit) your appeal online before they close your file to help protect the deadline. If they agree to lodge it, ask them to confirm in writing that the appeal has been submitted, and to send you the date and time it was submitted, your Tribunal/HMCTS reference number (if available), and a copy of what they submitted. If you change lawyers, the new lawyer will usually need your HMCTS reference number to take over the appeal.
- If they don’t agree then you can do it yourself online (or with the help of a trusted person) and keep looking for advice.
If you get asylum support (money and/or housing from the Home Office)
If you are getting asylum support, it should usually continue while your appeal is ongoing, as long as you lodge (submit) your appeal in time. That is why it is so important not to miss the appeal deadline in your refusal letter. It is also important to make sure the Home Office and your lawyer have your correct contact details, especially your email address and phone number, so you do not miss important messages about your decision, deadlines, or support.
What you can do after being refused by the Home Office
ACTION SECTION
- Think about what might happen next, and make a plan of action. After a refusal, you need to think about what your options are and what might come next. If your asylum or human rights claim has been refused, use the diagram above to see what the process involves after this point.
Read the section on appeal rights, above. Prepare yourself for the appeal if you have the right to appeal the decision. If you don’t have the right to appeal the decision, read our pages on judicial reviews and fresh claims.
If your lawyer says they can no longer work on your case, you can look for a new lawyer and think about how to explain your case is strong. Read more on our information about lawyers page.
If there are weaknesses in your case (where the Home Office say they do not believe you) can you get evidence to support your story? Read the Evidence sections above. You could use this to convince a new lawyer to take on your case, or to appeal the refusal if you have to continue without a lawyer.
- Stay strong, and look after yourself. Going through the asylum system is very difficult and stressful. Sometimes it can be hard to think about anything else. But constant worry about your case can leave you feeling emotionally exhausted, and less able to cope with the process.
Everyone has a different way of coping – think about what works for you. While your immigration status is of course very important, it’s also important to try and give yourself a break from thinking about it. Think about activities that can distract you or help you relax for at least a short period every day, which can help your mind and body recover a little.
Talk to people you trust. You may be very upset or even feel ashamed if your application/claim is refused, but don’t hide it from people. You’re going to need people to help you – don’t be afraid to ask for their solidarity.
Don’t leave it till it’s too late for them to do anything.
- You may wish to speak to your MP about your refusal, especially if you don’t have the right to appeal. Think about how to explain what has happened clearly and calmly. What has gone wrong? Why is the decision unjust? What do you want your MP to do about it? Read more here.