Asylum seekers

This page explains who can apply for asylum, and who can help you and outlines the help available when applying for asylum. It explains who can get help if an asylum application is unsuccessful and looks at what happens if your application is successful.

The Housing Executive has a legal duty to give housing advice and information on preventing homelessness to anyone who asks in Northern Ireland.

Who should I apply to?

It is very important for an asylum seeker to claim asylum as soon as possible. If you don't make your asylum application as soon as you enter the UK you may not get accommodation or support. You don't have to use the words asylum or persecution. You simply need to make sure that the person knows you are afraid to return to the country you fled from.

Your case will be referred to the National Asylum Support Service (NASS). The help available to people seeking asylum from NASS is outlined below.

If you have recently arrived in Northern Ireland and you are unsure of your immigration status, contact the Northern Ireland Council for Ethnic Minorities (NICEM) immediately. You can telephone NICEM in an emergency 24 hours a day on: (028) 9024 2025.

If you are going to get advice from NICEM bring:

any documents from the Home Office,
any travel documents (for example, your passport).

Who can apply for help?

Not every asylum seeker can get help from National Asylum Support Service (NASS). You will only be able to apply for help if:

you have applied, or intend to apply for asylum,
you are over 18 or you are with your family,
you have not had a positive decision on your asylum application,
you have no suitable accommodation,
you are not eligible for benefits.

What help is available for people seeking asylum?

The Housing Executive has a legal duty to give housing advice and information on preventing homelessness to anyone who asks in Northern Ireland.

To qualify for social welfare benefits and other assistance, you will need to declare where and when you made your asylum application.

I applied before April 2000

You should be able to get support from social services. You may also be allowed to apply for housing benefit and other benefits. Contact Northern Ireland Council for Ethnic Minorities (NICEM) for more information on your rights.

I applied between April 2000 and January 2003

You should be able to get support from the National Asylum Support Service (NASS). This usually consists of accommodation until your case is considered and some form of financial support. You can't claim benefits or work. Contact Northern Ireland Council for Ethnic Minorities (NICEM) for more information on your rights.

I applied after January 2003

You should be entitled to temporary accommodation until the immigration authorities decide if you claimed asylum as soon as you could. You aren't entitled to any support if the immigration authorities decide that you didn't immediately claim asylum when you arrived in Northern Ireland.

You should get support from National Asylum Support Service (NASS) if the immigration authorities decide that you did claim asylum as soon as you arrived. This support usually consists of accommodation until your case is considered and some form of financial support. You can't claim benefits or work. Contact Northern Ireland Council for Ethnic Minorities (NICEM) for more information on your rights.

What happens if my application has been turned down?

You won't be able to apply for help from the Housing Executive if your asylum application has been turned down. This means that you can't:

apply as homeless,
apply for permanent accommodation.

You may be able to get help from social services depending on your personal circumstances. You may be able to get help from social services if:

you have children,
you have severe mental health problems,
you have physical disabilities.

Can I appeal the decision?

The only way to appeal the decision is to ask for a judicial review of the decision. A judicial review is legal action that can be used to challenge decisions made by public bodies. It is used to challenge the way that decisions are made, not the actual decisions. Judicial review is a complicated process. Get advice from the Law Centre (NI) if you are considering this option.

What happens if I'm allowed to stay?

If you are allowed to stay in Northern Ireland, you will be granted:

exceptional leave to remain,
humanitarian leave to remain,
refugee status.

This means that you are allowed to work and start to claim benefits such as housing benefit to help with you housing costs. You can apply for permanent accommodation from the Housing Executive or a housing association.