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8 Claiming Asylum
6. What rights do I have while I'm waiting?
Most asylum seekers who apply as soon as they arrive aren't detained, but are given temporary admission instead. If you are given temporary admission you must:
You may also have to report regularly to an immigration office to sign in, or accept 'electronic monitoring' or 'tagging'. This will usually mean having to wear a special piece of equipment that allows the Home Office to check you are staying at a specified address.
If you break the conditions for temporary admission, you could be detained. And if you don't report back when you are told to, you will be treated as an 'illegal entrant'. If you move, you must tell the immigration authorities straight away, even if you are being dispersed (see 'Where you will be housed').
The Home Office will make an appointment for an interview, and will send you a notice at the address on your temporary admission notice. If you don't attend, the Home Office will refuse your application for 'non-compliance'. You could lose your right of appeal if notices don't reach you and you miss the time limit because of this.
If you can't get temporary admission
There may also be other conditions of bail, similar to those for temporary admission. You may have to go regularly to a police station or immigration office to sign in. If you break these conditions, you may be breaking the law, and your sureties can lose the money they have promised.
The cost of applying for bail will be covered by publicly funded legal help, if you qualify for it (see 'Where can I get help with my claim?'). You should ask your legal representative to apply for you.
You will not be allowed to work while you are still an asylum seeker. However, if the Home Office delays making a decision on your case for more than 12 months, then you can apply for permission to work.
Very little money is available, apart from your asylum support, but some travel costs can be paid. These will include fares to an interview with the immigration authorities and to an asylum appeal hearing. You should ask for help with your fares if you have to report to the police or at an immigration office. But to get the fares paid you need to tell NASS about your appointment five or six days before it takes place. You will also have your fares paid if you are sent to another part of the UK. The one-stop service can help you with these.
If you are getting publicly funded legal help, you may get your travel costs to go to an interview with your legal representative.
This leaflet was written in association with the Immigration Law Practitioners Association and Mick Chatwin, a barrister and solicitor specialising in immigration law.
Leaflet version: April 2019
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