Date of publication:

09/28/2026

United Kingdom of Great Britain and Northern Ireland (the)

Do domestic laws and policies authorize asylum-seekers to be present and remain in the country, pending determination of their asylum application?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Sections 77(1) and (2) of the Nationality, Immigration and Asylum Act 2002 provide that, while a person’s claim for asylum is pending, they may not be removed from the United Kingdom. However, sections 77(2A) and (2B) provide that the earlier provision does not prevent an asylum seeker being removed to a country in which they will not face persecution or a contravention of their rights under Article 3 of the European Convention on Human Rights and from which they will not be sent to another country where this would result in them facing persecution or a contravention of their Article 3 rights.1

In practice, however, asylum seekers who are admitted to the asylum process (those whose claims are not declared inadmissible) are issued with Asylum Registration Cards, which certify that they can remain in the UK while their claim is pending.2

The laws and policies relating to the authorisation of asylum-seekers to be present and remain in the country, pending determination of their asylum application, apply equally to all asylum-seekers, irrespective of their individual characteristics.

    LAW & POLICY

    Related provisions of domestic law or policy

    Nationality, Immigration and Asylum Act 2002

    Legal provision

    Nationality, Immigration and Asylum Act 2002 - Generic

    Nationality, Immigration and Asylum Act 2002 - Generic

    Immigration Rules

    Legal provision

    Immigration Rules - Generic

    Immigration Rules - Generic

    Immigration Act 2016 (amended)

    Legal provision

    Immigration Act 2016 - Generic

    Immigration Act 2016 - Generic

    Guidance: Application registration card (ARC)

    Legal provision

    Guidance: Application registration card (ARC) - Generic

    Guidance: Application registration card (ARC) - Generic