How Does the Asylum Process Differ in the USA and UK?

Both the USA and the UK provide asylum options for individuals seeking protection due to fear of persecution. While the core principle remains the same—the right to claim asylum in both countries—there are significant differences in the procedures, requirements, and timelines for refugee status determination.

Key Differences in the Asylum Process:

Eligibility Criteria:

USA:

• To apply for asylum in the USA, applicants must demonstrate that they have a well-founded fear of persecution due to one of the following reasons: race, religion, nationality, political opinion, or membership in a particular social group.
• Applicants must file for asylum within one year of arriving in the USA unless they can prove extraordinary circumstances that delayed their claim.
• The USA also allows individuals to apply for asylum after arriving in the country, including those entering legally (e.g., on a visa) or illegally (e.g., crossing the border without documentation).

UK:

• Similar to the USA, the UK requires asylum seekers to prove a well-founded fear of persecution. The UK recognizes the same five grounds of persecution as the USA: race, religion, nationality, political opinion, and membership in a particular social group.
• In the UK, asylum seekers must apply for asylum as soon as possible after arriving in the country, usually at a port of entry or at an immigration office, though they are allowed to apply within the country after arrival as well.
• The one-year rule is less strictly enforced in the UK, but late claims may be viewed unfavorably unless there is a valid reason for the delay.

Application Process:

USA:

• Application Submission: Asylum seekers must file an I-589 form within one year of arrival. If they are already in the country (e.g., on a tourist or student visa), they can file the form directly with U.S. Citizenship and Immigration Services (USCIS).
• Asylum Interview: If the application is accepted, an interview with an asylum officer is scheduled. If the officer believes the applicant meets the criteria, they may grant asylum. If not, the case is referred to an immigration court.
• Immigration Court: If the case is referred, asylum seekers appear before an immigration judge who determines if the applicant qualifies for asylum. This may involve additional hearings, which can take months or even years.

UK:

• Application Submission: In the UK, asylum seekers are required to apply for asylum as soon as they arrive, either at a port of entry or at a local immigration office. The application process is handled by the Home Office.
• Initial Screening: Asylum seekers undergo an initial screening interview, where basic information is collected and biometric data (such as fingerprints and photographs) is taken.
• Asylum Interview: After the screening, asylum seekers attend a more detailed interview where they must explain why they are seeking protection and provide evidence. The Home Office assesses whether the applicant meets the requirements for asylum.
• Decision: In the UK, the decision is made by the Home Office, which can take several months. If the application is rejected, asylum seekers may appeal the decision to an immigration tribunal.

Timelines and Waiting Periods:

USA:

• The asylum process in the USA can take a long time due to backlogs in immigration courts and USCIS. After filing an I-589 form, applicants may wait several months to years for an interview or court hearing.
• Asylum seekers may be eligible to apply for employment authorization after 150 days of waiting for a decision, but work permits are only granted once the waiting period exceeds this timeline.

UK:

• In the UK, the process is generally faster than in the USA. The Home Office aims to decide on asylum claims within six months, although delays can occur due to backlogs or complex cases.
• Asylum seekers may be granted temporary leave to remain (usually 6 months) while their claim is being processed. They may not have the right to work during this period unless they are facing exceptional circumstances, but they can receive support from the government.

Work Rights:

USA:

• Asylum seekers can apply for work authorization after waiting 150 days without receiving a decision on their case. However, it can take longer for a work permit to be issued.
• Once asylum is granted, individuals can work legally in the U.S. and apply for permanent residency (a green card) after one year.

UK:

• Asylum seekers in the UK are typically not allowed to work while their claim is pending. However, if their application is delayed for more than 12 months, they may be eligible to apply for a work permit.
• If granted asylum, the individual can work, and they may apply for permanent residence after five years.

Appeals and Denials:

USA:

• If an asylum claim is denied, the applicant may appeal the decision to the Board of Immigration Appeals (BIA) or request a hearing in immigration court.
• If the asylum seeker loses the appeal, they may be deported unless they have other legal grounds to remain in the U.S.

UK:

• In the UK, if an asylum claim is refused, the applicant can appeal the decision to the First-tier Tribunal (Immigration and Asylum Chamber). If the appeal is unsuccessful, they can seek a judicial review or file for permission to appeal to a higher court.

Example:

An asylum seeker from Afghanistan who arrives in the USA within a year of fleeing their country can apply for asylum by submitting Form I-589. If denied, they will go through an immigration court process, which can take years. However, in the UK, the same asylum seeker would need to apply at the port of entry, attend an interview with the Home Office, and receive a decision within six months, which would be quicker than in the U.S.

Conclusion:

While both the USA and the UK offer asylum to individuals who fear persecution, their asylum processes differ significantly in terms of application procedures, eligibility criteria, processing times, and rights during the waiting period. Asylum seekers in the USA typically face a longer wait and must go through immigration court if their case is referred, while in the UK, the Home Office handles the process with a faster turnaround time.