Asylum process
Contents
What are the AASC & AIRE Contracts?
AASC is the Asylum Accommodation and Support Contract. It is commissioned by the Home Office, which is the responsible authority for overseeing the asylum process, and is delivered by different accommodation providers, dependent upon geographical region. Serco delivers the contract in the North West.
The contract itself contains provisions for housing, maintenance, transport and various support functions, but Serco does not supply the kind of support that a family caseworker would offer and will often signpost to other services to discharge their duty of care.
If you wish to review the contract provision, you can find the AASC Statement of Requirements (data.parliament.uk) online. If you wish to see a concise version of the accommodation and maintenance schedule, you can download the accommodation standards graphic, found on the Asylum Matters website.
AIRE is the Advice, Issue Reporting and Eligibility contract. It’s also commissioned by the Home Office but has one single provider, Migrant Help.
The contract aims to have a single point of contact for people in the asylum system, covering a range of needs, from lodging a claim for support to reporting a maintenance fault or informing the Home Office of important information about a medical need. The AIRE provider also acts as an intermediary between the accommodation provider and the person accessing their support. Whilst this can lead to frustration, it does allow for some independent monitoring of the providers.
If you wish to know more about the contract provision, you can find the AIRE Statement of Requirements (data.parliament.uk) online. For a summary of the contract, however, you can see the Asylum Matters AIRE requirements graphic, available on their website.
Finally, Migrant Help manage the complaints process. If you wish to lodge a complaint on behalf of the person against the Home Office or Serco, you will need to raise an issue on the Migrant Help customer help portal Ellis, but please note, that you may need to complete a Migrant Help third-party consent form. If you wish to complain about Migrant Help, you can email [email protected].
What Happens on Arrival in the UK?
The circumstances behind why a person is seeking sanctuary are varied, just like their method of arriving. Some may have been living in the North West for many years before making a claim, but here we’ll outline a common path for many people arriving in our region:
Arriving in the UK – Upon arrival a person should make themselves known to an official at the earliest opportunity. It is normally at this point that a decision will be made on whether to consider the person (or main applicant) as an adult, based on one of the following set of circumstances applying:
- They have been assessed to be over 18 years of age via a National Age Assessment Board (NAAB) age assessment.
- They have been assessed to be over 18 years of age by Council and Home Office officials who have considered the case to be suitably evidenced.
- Two Home Office members of staff, at least one of which will need to be Chief Immigration Officer or Higher Executive Officer grade, independently consider that the persons ‘physical appearance and demeanour very strongly suggest that they are significantly over 18 years of age and there is little or no supporting evidence for their claimed age’.
- Clear and credible documentary evidence that the person is 18 years or over is obtained.
Initial Screening – A person will need to register their asylum claim at their initial screening. They will be photographed, have their fingerprints taken and complete an interview to establish a brief outline of who they are, where they are from, why they have chosen to seek sanctuary in the UK and whether their case is considered as ‘admissible’, plus any personal circumstances of note, such as a medical condition or safeguarding concern.
Statutory Duties – A person will be liable to detention if they are considered to have arrived ‘illegally’, but if someone does not have the means to support themselves, then the Home Office has a statutory duty to accommodate people and provide a level of subsistence support. This duty may be met in the first instance by a ‘short-term holding facility’ or ‘processing centre’. Following the initial screening interview, a case will be transferred to the National Asylum Allocations Unit (non-detained cases) or the Detention Gatekeeper (detained pending removal).
Home Office Accommodation Contract Regions and Routing – There are Seven ‘regions’ in which the Home Office may accommodate a person. People may be accommodated in the region in which they’ve arrived, or they may be ‘routed’ to another region. The regions and their accommodation providers under AASC are listed here:
- South (Clearsprings Ready Homes)
- Wales (Clearsprings Ready Homes)
- Midlands and East of England (Serco)
- North West (Serco)
- North East, Yorkshire and Humber (Mears)
- Scotland (Mears)
- Northern Ireland (Mears)
What Happens When People Arrive in the North West?
When a decision is reached to ‘route’ a person to a region, this is usually where they will stay until a decision is reached on their claim. People will often be sent to accommodation considered to be appropriate for short term use, but delays in decision making and accommodation shortages often result in people spending longer than intended in these settings.
Upon arrival Serco will complete an induction, which informs of the facilities and terms of support, and an occupancy agreement will need to be signed. There should also be a general welfare check at this point, to pick up any urgent actions that may be needed to safeguard the person.
People will also be offered an initial health screening, completed by Primary Care 24 if they are in Initial Accommodation, or offered assistance with primary care needs if accommodated in a hotel. Due to the nature of hotel accommodation, the level of health intervention may differ from site to site.
People will also be given an appointment with Migrant Help to speak about their claim and to make an application for asylum support. There are different types of support, but within these people can make a claim for accommodation and subsistence (most common), subsistence only (where financial assistance is sought but a person can make arrangements for their own accommodation) or accommodation only (a person is able to meet their needs but requires help with accommodation).
People can inform Migrant Help of any personal circumstances about their claim that might need special provision or consideration, such as the need to be accommodated in a particular area or a health condition. Please note however, people may be asked to provide evidence for any requests and the permission to grant them is at the discretion of the Home Office.
Support Types
People can be supported under the following terms:
Section 98 – this is a form of ‘temporary’ or ‘emergency’ support for people requesting support under Section 95 or seeking relief from destitution under certain terms.
Section 95 – people are granted support under Section 95 whilst they await a decision on their claim for a form of protection or Refugee status.
Section 4 – people may be able to access this support if they’ve had their asylum claim refused with ‘appeal rights exhausted’ but are facing barriers to leaving the UK, or have been granted a ‘judicial review’, and Section 4 support is required to avoid breaching their human rights.
Accommodation Types
The most common types of accommodation are as follows, but regardless of the setting, Serco will need to complete an induction with the person within 24 hours of arrival:
Initial Accommodation – This is often abbreviated to IA and considered the ‘business as usual’ approach when contingency measures aren’t needed to accommodate people. Intended for use until dispersed housing can be offered, all Initial Accommodation in the North West region is in Liverpool. People are normally under Section 98 support when they arrive and make a claim for Section 95 support whilst accommodated there. Initial Accommodation in Liverpool is self-catered, so people are given cash support for food costs, until a point at which (if) they’re granted Section 95, they’ll be issued with asylum support funds via an Aspen card. The Home Office has created a guide to living in initial accommodation (www.gov.uk), which details what can be expected for occupants. These sites are usually staffed in the North West.
Contingency Accommodation – Often abbreviated to CA, this type of accommodation is sourced as a temporary measure when there isn’t capacity available in initial accommodation for new arrivals. Hotel usage sits within this category and people will usually arrive under Section 98 support, prior to making their claim for Section 95 support. Once (and if) they’re granted Section 95, they’ll receive asylum support funds via an ASPEN card, but as many sites provide catered accommodation, this affects the level of cash support offered. Sometimes people are moved between hotel sites within the region or moved into hotel sites from outside of our region, typically London and the South East. These sites are usually staffed in the North West.
Dispersal Accommodation – Often abbreviated to DA, this is the most common type of accommodation used and present in each local authority within the North West. These are properties within the community and come in a range of types, including but not limited to Houses of Multiple Occupation, family homes and self-contained flats. People are normally accommodated here under Section 95 or Section 4, and the Home Office has created a guide to living in dispersal accommodation (www.gov.uk), which details what can be expected for occupants. These settings aren’t staffed, but they are assigned a Housing Manager and need to be inspected at least once per calendar month.
Serco Induction – Dispersed Accommodation
Serco need to induct a person upon arrival, or within 24 hours of arrival, and then they are required to complete a further induction within 7 calendar days. Here’s an outline of what should be covered in dispersal accommodation settings:
Arrival Induction
- An explanation and demonstration of the operation of all-necessary safety equipment and operating instructions for equipment used within the relevant accommodation, including kitchen and bathroom facilities and how to turn off gas, electricity and water supplies.
- Information on the type, quality and standards of services Service Users can expect whilst they are in Dispersal Accommodation.
- Information on the behavioural expectations for Service Users whilst they are within Dispersal Accommodation.
- Signposting to the AIRE Provider and information on how to make complaints or provide feedback regarding the Provider or any person or organisation, in accordance with Paragraph 1.2.7 of the AASC Statement of Requirements.
- Information to assist the Service User to make contact and register with a local GP surgery and Dentist, including information on the location of the same.
- Information on the local area, including the location of local shops, amenities and facilities relevant to the needs of the Service User.
Follow-Up Induction
- Information on the cleaning products provided with the accommodation (where applicable) and how to use them effectively.
- information to assist the Service User to register their children (where applicable) with appropriate schools in the area.
- Signposting to local services and information to assist the Service User to make contact with local organisations, including:
- Voluntary sector services and other independent advice service providers.
- The Home Office asylum support services.
- Relevant Council services, including social care.
- Emergency services and the local Police service.
- Legal advisers and related services.
- Local leisure and recreation facilities and services.
- Local religious and cultural facilities, where appropriate.
- Any additional information which the Provider is instructed to provide by the Home Office or by the Council, Police or local health authority.
- Any additional information which the Provider considers relevant to the needs of the Service User, or in relation to the provision of its own services.
Post Code Consultations (PCC Process)
Serco have a process by which they consult with the Council and the Police to determine the areas in which they can procure housing stock. Serco work with developers or private landlords to acquire stock, but they’ll provide the staff and day to day management of properties. Areas will fall into three categories:
- Open – Can procure anywhere in the designated area.
- Limited – Can only procure in certain streets or postcodes within the designated area.
- Closed – The designated area is closed to procurement.
Although Councils may supply a return requesting an area is limited or closed, this will be reviewed by Serco and the supporting information interrogated. If they disagree with the Council, they may ask for more evidence or context.
If an agreement can’t be reached on a designated post code area, then Serco will send them to the Home Office for ‘arbitration’. The Home Office may consult with the Council if they need more information, but Serco will accept the decision of the Home Office in any such cases.
If you have concerns about procurement that you wish to escalate, please contact the Asylum Lead at the RSMP by emailing [email protected].
Asylum Decisions
Once the Home Office have determined the outcome of an asylum claim, they’ll serve it to the person and instruct the accommodation provider of the date at which they are to cease providing accommodation to them, known as the ‘support end date’. Migrant Help will offer an optional move-on service at this point, delivered by Reed in Partnership.
Negative decisions should allow a minimum of 21 days’ notice to the person from when the decision is served, but there may be a right of appeal. Serco won’t instruct the Council of these cases owing to there being no ‘duty’ towards the person, but in practice many cases may become destitute and/or have social care needs, so the impact of these decisions may still be felt locally.
If you’re unsure of someone’s status, you can contact the Homelessness Escalations Service on Gov.UK to request confirmation. You can find further guidance on the Right to Remain Toolkit (www.righttoremain.org.uk) and may be able to source local support from our Find Services page. You’ll also find some information for the person on our Find Help with Housing page.
Positive decisions should allow a minimum of 28 days’ notice to the person from when the decision is served. The Home Office should also instruct Serco at this point, who will aim to inform the Council within 1 working day of receiving the notice, but please note it is the Home Office that set the ‘support end date’.
Serco aim to deliver the decision to the person with their ‘Notice to Quit’ within 2 working days of receiving notice from the Home Office, but there are times in which this notice period is misaligned. The minimum notice period for a ‘Notice to Quit’ to be issued is 7 calendar days before a change of locks can take place. If you’re concerned about a lack of notice you can contact your local Serco Partnership manager. If you don’t know their details, you can email their team on [email protected].
If you’re unsure of someone’s status, you can contact the Homelessness Escalations Service to request confirmation. You can find further guidance on the Right to Remain Toolkit and may be able to source local support from our Find Services page. You’ll also find some information for the person on our Find Help with Housing page.
Reinstatements or extensions of support can be given in some circumstances. It may be that a person has successfully appealed a negative decision, but people can also be reinstated for a short period of time to allow for corrections with their support. It may be that their BRP cards haven’t arrived through no fault of their own and support needs to be adjusted to account for the delay.
If you believe a person has been subject to unfair delay, please advise the person to contact Migrant Help and escalate to Serco and the Home Office if you need an update. If you need to raise an escalation you can contact our team at [email protected], but please note this inbox is only monitored during office hours from Monday to Friday.
Frequently Asked Questions
What qualifies you for asylum in UK?
A person must be ‘unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion’. Increasingly however, people are being forcibly displaced due to climate. You can see the UK government eligibility to claim asylum in the UK online.
How long does an asylum claim take in the UK?
There is no set amount of time to complete an asylum claim. If a claim is undecided for 12 months, people can request permission to work, but if granted, they’re only eligible for jobs on the skilled worker visa: immigration salary list which can be found on GOV.UK.
How much money do asylum seekers get in the UK?
This will depend on their support and accommodation, this is explained on GOV.UK asylum support: what you’ll get.