Government Statement on Asylum – Key Topics & Ideas

The government released a statement on the government’s asylum and returns policy on 17 November 2025.  It stated that, as a result of severe strain on the asylum system, it has been decided to have a new plan to achieve control over the border in order to maintain confidence in values.  The Home Secretary said, “In an increasingly volatile and more mobile world, huge numbers of people are on the move.  Whilst some are genuine refugees, others are economic migrants, seeking to take advantage of the asylum system.  Even amongst those who are genuine refugees, economic incentives are at play.  Instead of stopping at the first safe country, even genuine refugees are searching for the most attractive place to seek refuge.  Many now asylum shop their way across the continent, in search of the most attractive place to seek refuge.  The impact on the country has been profound.”

Below you will find our easy-to-follow key topics and ideas of this proposal. If you are concerned as to how this may affect you or the impact it will have on your family, please contact us [Omer: please insert link to the phone].

1. Introduction: Why the Government Is Changing the Asylum System?

• Asylum system under severe strain.
• Aim: restore control, maintain public confidence, and address system abuse.
• Home Secretary’s key concerns:
  • Sharp rise in asylum claims in the UK vs. decline in Europe.
  • UK seen as a “destination of choice”.
  • Growing taxpayer cost (100,000+ people in asylum accommodation).
  • Many refugees remaining unemployed for years.
  • System feels “out of control and unfair”.

2. What is the Government’s Diagnosis of the Problem?

• Asylum system outdated and designed for a simpler time.
• Failure to adapt compared to other countries (example: Denmark).
• Increasing “asylum shopping” across Europe.
• System exploited by economic migrants.
• High numbers of failed removal attempts.
• Rising backlog and slow legal processes.

PART ONE: WHAT IS THE ASYLUM SYSTEM REFORM?

3. Introduction of a New Asylum Model

• Move towards a Danish-style model.
• Refugee status becomes temporary, tied to safety in home country.
• Reduced generosity of current asylum support package.
• Stronger distinction between genuine refugees and those abusing the system.

4. What Are the Changes to Refugee Protection (Core Protection Offer)?

Once granted refugee status the leave to remain lasts for five years.  At the end of that period, refugees can immediately apply for settlement.  This application is fee-free, and the Home Secretary stated that it is essentially automatic, being almost entirely absent of requirement, and until recently family reunion options were also available without incurring a fee and without having to demonstrate that they can accommodate or otherwise support them.

The changes are:

Initial leave reduced from 5 years → 30 months.

• Leave only renewable if protection still required.
• Removal if protection need ends.
• No automatic route to settlement:
  • Current: settlement after 5 years.
  • New: 20-year minimum under core protection.
• Upcoming consultation on “earned settlement”.

Refugee Council Criticism of the New Asylum Plans – Key Points

• The Refugee Council has condemned the proposed reforms as “highly impractical and inhumane.”
• The organisation warns that if the new policy were already active, the Home Office would need to review the status of approximately 1.4 million people by 2035.
• This would place enormous pressure on an already overstretched asylum and immigration system.
• The cost implications are severe:
  • £523: current Home Office cost of processing one ILR (Indefinite Leave to Remain) application.
  • £730 million: estimated total cost to review 1.4 million statuses under today’s rates.
  • £872 million: projected cost after inflation.
• The Refugee Council argues that this scale of review is neither financially sustainable nor operationally deliverable.
• They also highlight the human impact, warning that temporary protection and constant reassessment would create instability and anxiety for refugees rebuilding their lives in the UK.

5. What Is the New Work & Study Protection Route?

As there will be no path for settled status under the core protection route until a refugee has spent 20 years in the country, refugees will be encouraged to switch out from the core protection route whenever possible, introducing a new in-country protection “work and study route”.

• Refugees who can switch from core protection to a work/study route.
• Requires:
  • A job or appropriate study programme.
  • Payment of relevant fees.
• Benefits:
  • Faster route to settlement.
  • Ability to sponsor family members (following normal visa rules).

6. What Are the Family Reunion Restrictions?

• No automatic right to family reunion under core protection.
• Family sponsorship only allowed under the new work/study route.

7. What Is the Reform of Asylum Support?

• Ending legal duty to support all destitute asylum seekers (previously based on EU law).
• Discretionary support restored.
• Support withdrawn for:
  • Those who have the right to work.
  • Those who make themselves destitute deliberately.
  • Individuals breaking laws or refusing relocation.
• Contributions required from asylum seekers with assets/income.

8. What Are the Asylum Accommodation Changes?

• Commitment to close all asylum hotels by end of Parliament.
• Move towards:
  • Large sites.
  • Military facilities.
• Crackdown on illegal working:
  • Closing right-to-work loopholes.
  • Digital ID checks mandatory by end of Parliament.

PART TWO: INCREASING REMOVALS

9. What Is the New Approach to Failed Asylum Seekers?

• Strong emphasis on removals once claims fail.
• Using agreements with countries like France:
  • Small boat arrivals can be returned to France.
• Returns considered to:
  • Countries where returns were previously paused (e.g., Syria).
  • Countries where regime has now changed.

10. What Is the New Approach for Returns of Families?

The government began supporting people to return to Syria on a voluntary basis. Whilst currently the government has not prioritised the return of families the hesitancy around returning families created, according to the Home Secretary, a particular perverse incentive and therefore, the government will offer all families financial support to enable them to return to their home country, and should they refuse that support, it will be escalated to enforce return,

As part of the consultation, the government will consult on commencing measures in the 2016 Immigration Act, which allowed to remove support for families who do not have genuine obstacles to leaving in the country.

11. Return Hubs & Country Cooperation

• Negotiation with third countries to accept failed asylum seekers.
• Countries expected to issue travel documents promptly.

The government expects countries to take back their citizens who have no right to be in the UK, and this includes providing travel documents within a reasonable time period.

If they refuse:

• • Nationals of these countries will suffer visa penalties under Section 72 Nationality and Borders Act 2022.
  • Suspension of entry visas.
• Recent agreements:

The government signed a new agreement with Iraq to establish a formal process to swiftly return those with no legal right to be in the UK, and announced a new agreement with Vietnam.

• • Iraq (Aug 2025).
  • Vietnam (Oct 2025).

12. What Are the Appeal Reforms?

• What Are the Current challenges?

The government increased judicial sitting days in the First-tier Tribunal, and the Border Security and Asylum Immigration Bill introduced statutory timelines for appeals brought by those in asylum accommodation and non-detained foreign national offenders who are liable to deportation. But the:

• • Appeal backlog rose from 7,000 (2023) → 51,000 (2025).
  • 54-week average wait for a hearing.
• Proposed changes to speed up the system:
  • New independent appeals body (following Denmark’s model).
  • Single, faster appeal process.
  • Expedited appeals for:
    • Removal cases
    • High-harm cases
    • Foreign national offenders
    • Those detained and readily removable
• Late claims will not automatically suspend removal.
• New rules: failed asylum seekers must meet same criteria as all other migrants (fees + ECHR evidence).

The government proposes changing the immigration rules so that a failed asylum seeker will only be able to apply to stay in the UK if they do so in the same way as everyone else.  That is, by paying relevant fees and evidencing why removal would be contrary to ECHR. It is the Home Secretary’s view that this will close the current loophole that allows failed asylum seekers to make unlimited and free Article 8 claims to slow down the impending removal and prolong their time in the UK.

What Is the Law Society Response to UK Asylum Appeal Reforms?

• The Law Society of England and Wales stresses that the right to a fair hearing must be protected as the UK Government continues major immigration system reforms.
• Law Society President Mark Evans warns that:
  • “Unfair treatment in our justice system harms us all.”
  • Asylum reforms should prioritise accurate first-time decision-making rather than “moving the goal posts”.
  • Fairness benefits both individuals and the wider public.
• The right to a fair hearing is essential, particularly for people fleeing danger or persecution.
• Reforms must remain compliant with the UK’s international legal obligations, including:
  • The 1951 Refugee Convention
  • The European Convention on Human Rights (ECHR)
• Adherence to these agreements:
  • Strengthens cooperation with other countries.
  • Maintains consistent international standards for protection.
  • Provides safeguards for everyone by ensuring clear, predictable rules.
• Any asylum or immigration reform must be:
  • Tested against core legal principles
  • Implemented with proper accountability and transparency

However, the government’s position is that it will expand the capacity of the appeals system by creating a new appeals body.  Decisions on appeal will remain fully independent, and the new body will be staffed by professionally trained adjudicators with safeguards to ensure high standards.

13. What Is the Resetting Article 8 (Family Life) & Article 3?

Article 3 and 8 claims are considered to slow down the impending removal and prolong immigrants’ time in the UK.  In relation to Article 8, the government believes that the individual’s Article 8 rights and the public interest need to be fundamentally reset to place much greater emphasis on complying with the immigration rules, and non-compliance should not be rewarded.  Family, for the purpose of Article 8, should not go usually beyond immediate family members and there would be a new interpretation of Article 3, inhuman or degrading treatment.

14. Modern Slavery Reforms

• Addressing misuse of the Modern Slavery system by migrants.
• Legislative changes to clarify obligations and reduce abuse while keeping essential protections.

15. Credibility, Abuse Prevention & Miscellaneous Changes

• Single interview process for clear protection claims.
• Return trips to home country before claiming asylum = automatic disqualification.

When people entered the UK on a visa and subsequently sought asylum, yet make return journeys to the home country without issue during the stay in the UK, this behaviour will disqualify their claim.

• Deporting foreign national offenders:
  • Immediate deportation from first day of sentence.

In regard to deporting foreign national offenders where they are awaiting trial for other more minor offences, there will be a balance between prosecution and deportation.  This builds on reforms in the Sentencing Bill, which makes foreign national offenders eligible for immediate deportation from the first day of their prison sentence.

• Improved age assessments using science and technology.