WILL MY PASSPORT BE TAKEN AWAY IF I APPLY FOR ASYLUM? COMMON MYTHS AND REALITY CHECK
When applying for asylum in the UK, one of the first steps is the screening interview. At this stage, all claimants must hand in their passport to the Home Office and receive an Asylum Registration Card (ARC). This process often raises questions and concerns about what happens to your passport next, and whether you will ever get it back. In this article, we aim to clarify these concerns and address common myths.
When you apply for asylum, you do not decide the type of protection you will be granted. If you are applying on the basis of a well-founded fear of persecution – for example, due to your religion, political opinion, sexual orientation, or other protected grounds – this means that your country’s authorities are unable or unwilling to protect you.
If your claim is accepted in such circumstances, you will be granted refugee status. Refugees do not normally use their national passport for travel. Instead, you will be issued with a Refugee Travel Document, which serves as your official travel document in place of your passport.
If your claim is based on a risk of serious harm due to indiscriminate violence – for example, when fleeing war – you may be granted humanitarian protection. This is given where the threat comes from a situation of armed conflict rather than targeted persecution. In humanitarian protection cases, your passport remains with the Home Office while your claim is being considered. If your claim is refused and you have no other legal right to remain in the UK, your passport is usually returned to you when you arrange a voluntary return to your home country.
However, in recent months, we have seen many cases where individuals held valid visas under the Ukraine schemes but later claimed asylum due to a fear of returning to Ukraine. In these situations, the person still has a lawful immigration status in the UK under their Ukraine scheme visa, even if their asylum claim is refused. Where a claimant holds another valid form of leave, they are not required to leave the UK voluntarily after a refusal. In such cases, it is possible to request the return of the passport from the Home Office while the person remains in the UK under their existing visa.
Our firm has successfully assisted numerous clients in obtaining the return of their passports in these circumstances, even after their asylum claims were refused. If you have questions about your own situation, it is always best to seek legal advice as early as possible. Every case is different, and an experienced immigration lawyer can guide you through the options available and help protect your rights. Our team will be happy to assess your case and assist you with your applications or requests to the Home Office.
