You are an asylum seeker in the UK if you have left your country of origin, and applied to the Home Office to stay in the UK as a refugee, and you have not yet had a final decision on your application. 

Immigration advice

As this is a very complex area of the law, if you have claimed asylum and you do not have an immigration adviser you should find a specialist immigration adviser to help you. If you have little or no money, you could be entitled to free legal advice (called legal aid) to help with your asylum claim. Further information and advice lists some organisations that assist asylum seekers and refugees and may help you to find an immigration adviser. 

If you do not know whether you have claimed asylum, or you do not know if you have had a final decision on your application, or you are not sure what, if any, leave you have, you need to get immigration advice before you claim any benefits or asylum support, and before you are included in anyone else’s claim. 

As an asylum seeker you are excluded from most benefits. This is because, as someone who requires leave and does not have it, you are defined as a ‘person subject to immigration control.’

Although being an asylum seeker does not exclude you from being able to claim contributory benefits, most asylum seekers will not be able to get contributory benefits. This is because you need to have worked and paid national insurance contributions to get contributory benefits. Most asylum seekers are not allowed to work in the UK and so are not able to pay national insurance contributions.  

If you are unable to support yourself and your family while your asylum application is being considered, you may be eligible for ‘asylum support’ provided by the Home Office.  This can include accommodation in an area of Britain chosen by the Home Office and/or financial support to buy essentials such as food and toiletries. 

You can find information about asylum support on the gov.uk website.

If possible, get advice and help to apply for asylum support from an organisation that helps asylum seekers and refugees. 

If your partner has a different immigration status from you, they may be entitled to welfare benefits even while you are not. However, in general any benefit your partner receives is taken into account as income when calculating your asylum support.  If you receive asylum support this is not taken into account for your partner’s Universal Credit. 

If your partner is not an asylum seeker, check if their immigration status means they can claim the main benefits, and check the rules for partners with different immigration statuses.

If you are granted refugee status or humanitarian protection you are no longer defined as a person subject to immigration control and you can claim all benefits, as long as you meet the other conditions for those benefits.  

If you are granted leave outside the immigration rules (such as discretionary leave) check if your leave is subject to a ‘no recourse to public funds’ condition:  

• If your leave is not subject to a ‘No Recourse to Public Funds’ condition you are not defined as a person subject to immigration control and you can claim all benefits, as long as you meet the other conditions for those benefits.  
• If your leave is subject to a ‘No Recourse to Public Funds’ condition you continue to be defined as a 'person subject to immigration control' and excluded from benefits on that basis. You should seek immigration advice to see if this condition can be removed.

There are some specific benefits rules that can make it easier to claim benefits if you have been granted refugee leave or humanitarian protection or leave outside the rules (without a ‘No Recourse to Public Funds’ condition).

If your asylum claim is refused you need to get urgent immigration advice about challenging that decision.  You may be entitled to asylum support while your asylum appeal is pending. 

If all your asylum appeals have been refused, you may be entitled to ‘Section 4 Asylum Support’. This is accommodation and financial support to meet essential needs provided by the Home Office.  It is not possible to just have the financial support without the accommodation (unlike asylum support payable during your asylum claim and appeals).   

The rules on asylum support for asylum seekers and benefit entitlements for those granted leave to remain in the UK are complex. Unfortunately many claimants are incorrectly refused and need to challenge these refusals. If you need help to apply for asylum support or, once you have been granted leave, benefits, or if your asylum support or benefit claim has been refused you should get independent advice.

You may be able to get help from an organisation that specialises in advising asylum seekers and refugees or they may refer you to a local organisation that can help. 

Turn2us is unable to offer advice on individual situations.  

Organisations providing advice and information for asylum seekers and refugees

Asylum Support Appeals Project - this organisation provides asylum-seekers with free legal representation and advice in their asylum support appeals. 

British Red Cross - a humanitarian charity helping refugees and asylum seekers.

Asylum Aid - a charity providing legal representation to vulnerable people seeking asylum in the UK.

Greater Manchester Immigration Aid Unit - an organisation providing advice, support and representation to people subject to immigration control.

Migrant Legal Help - a charity supporting asylum seekers, refugees and victims of human trafficking and modern slavery.

Rights of Women - a women's charity providing women legal advice and information.

Refugee Action - a charity providing advice and support to refugees and asylum seekers in the UK and campaigning for a fairer asylum system. 

The Refugee Council - a charity providing advice to refugees and people seeking asylum in the UK. 

Scottish Refugee Council - a charity providing advice and services to asylum seekers and refugees in Scotland. 

Welsh Refugee Council - a charity supporting asylum seekers and refugees in Wales.

If you need immigration advice ensure that you get the advice from someone who is either registered with OISC to give such advice or exempt from such registration.  You can check the OISC website, which list all advisers and advice organisations that are either OISC-registered or exempt from requiring such registration.