Refused asylum and appeal rights exhausted: what’s next?

Your asylum support entitlements continue if you appeal on time and are waiting for a decision. After you become appeal rights exhausted, your asylum support entitlement will change depending on your personal situation. This will be explained in the letters you receive from the Home Office and your asylum support accommodation provider.

If you are single with no dependent children, these letters will ask you to leave your asylum accommodation in 21 days and that your asylum support payment will also stop on the same date.

If you have dependent children under 18 born before your asylum was refused, your asylum support (money and accommodation) will not stop. This will continue until they reach age 18.

If you get a letter to move out of your accommodation, it is important to understand your options and seek advice before you leave your accommodation. You don’t have to move out as soon as you get the letter. In some circumstances, you may be entitled to other kinds of asylum support, for example Section 4 asylum support. You can apply for Section 4 support if you are destitute and meet specific criteria, these are:

• You are unable to leave the UK due to medical reasons, for example, travel is not possible due to a physical or mental health risk
• You can’t return because the Home Office says there are currently no safe travel routes to your country
• Your solicitor has lodged a judicial review
• You can’t leave the UK because you are waiting for a decision on your case. Often this is when you make further submissions (often called a fresh claim)
• You are taking steps to leave the UK, for example you registered to return through the Home Office voluntary return programmes or tried to get passport or a travel document

To apply for Section 4 asylum support under any of these categories you will need to provide evidence. Section 4 support includes no-choice accommodation and financial support to cover your food and essential needs. No-choice means you can’t choose where the accommodation is located. If you receive Section 4 support, you can’t withdraw cash with your ASPEN card.

It can take weeks or months to gather the new evidence and prepare your further submissions, and you could be homeless and without financial support during that time, relying on friends or charities for help. Charities might help you access local support, for example refer you to local foodbanks, free hot meals, charity shops selling cheaper essential items.

If you have a child under the age of 3, you might be able to apply for Scottish government’s Best Start Foods payment. This is a pre-paid card payment that can help you buy healthy foods. To apply, call Social Security Scotland on 0800 182 2222. You can request an interpreter. It is better to call than to fill out the online form. You can explain your situation clearly, and they can tell you what documents you need to provide. You can also ask an advice organisation to help you with the application.

Find out more about asylum support and other entitlements:

• Right to Remain section on asylum support: financial support and accommodation explains different types of asylum support
• Maternity Action page on refused asylum seekers: financial support and housing covers additional information on your entitlements if you are pregnant or have a newborn child

In Scotland, if you have a low income, you may qualify for legal aid to cover legal costs. Legal aid is money from the government that helps people who can’t afford a solicitor or legal adviser. It can cover legal costs of preparing your case, expert reports and appeal representation in court. For example, it could cover the costs of preparing a further submission to support a fresh asylum claim.

If you qualify for legal aid, your legal representative will apply for it. You will need to provide proof that you have little or no income. You could change your solicitor at this point or your current solicitor may ask you to find a different solicitor for this part of your case.

After you become appeal rights exhausted, you can still access free NHS healthcare in Scotland. This includes registering with a doctor and going to a hospital for treatment. It is important to continue to look after your health, both mental and physical. NHS will charge for some treatments such as eye and dental care. To get help with these costs you can apply for a HC2 certificate. If you already have this certificate, please remember to renew this every 6 month. If you don’t have this certificate, you need to first fill out an application form. Find out who can get help with health costs and how to apply online. Contact an advice organisation to help you apply for it. If your application is accepted, you will get a paper copy of the HC2 certificate. Take this to your dentist or optician appointment to ensure you don’t pay charges. You can take your HC2 certificate to a pharmacy to get help with minor illnesses. Minor illnesses could be coughs, common cold, pains, skin rashes.

If you need emergency treatment, you can go to your nearest Accident and Emergency or minor injuries unit or call 999. You can also call NHS24 on 111 which is available 24 hours for medical advice. You can request an interpreter if you need one.

Find your nearest health services including doctor, dental practices and Accident & Emergency units: Scotland's Service Directory - Find health services in Scotland.

You can also call NHS Inform on 0800 22 44 88 to help you find a health service near you. You can ask for an interpreter.

Pre-school, nursery and school

If you have children under 18, they have the same right to pre-school, primary and secondary education in Scotland, regardless of their immigration status.

This includes:

• Early learning and childcare: 1,140 hours of free childcare a year when your child is aged between 3 and 5 years. You might get 1,140 hours of free childcare a year, when your child is aged 2 years. Check with the local council to see if your child is eligible
• Free primary and secondary school place: your local council is required to offer a school place to your child aged between 4 ½ to 16 years. Your child can stay in secondary school education until age 18.
• Additional Support for Learning at school: this includes any help that is extra or different from what most children receive, like extra support with language (English as an Additional Language) or getting a specialist teacher.
• School clothing grant and free school meals: you may be able to get some money to buy school uniform for your child. This is called school clothing grant. You child might also be eligible for free school meals. Speak to your child’s school and local council to find out how to apply.

Find out about different types of support available including free childcare and other education entitlements:

• Free childcare support: Funded early learning and childcare - mygov.scot
• Finding a school place in your local area: Choosing a school for your child - mygov.scot
• Additional support for learning: Enquire’s Advice for parents and carers in Scotland
• Educational Institute of Scotland information on the Scottish education system for parents: Parents Book

College and university:

If you are appeal rights exhausted, you can still study, but you will not get education funding. This means you need to pay for the course yourself unless you find alternative funding such as a scholarship. Without funding, it can be hard for you to pay for tuition, study costs and living expenses. If you are appeal rights exhausted, you might not be eligible to apply for most scholarships. If you want to start a university course after becoming appeal rights exhausted, you may be charged international student fees which is a substantially higher fee. If you become appeal rights exhausted during the academic year, speak to your student support team at the university about next steps.

You can volunteer for charities and public sector organisations at any stage of your asylum claim including when you are refused asylum. You don’t need permission from the Home Office if you would like to take up volunteering for charities and public sector organisations. You can get some expenses paid for volunteering, for example, reasonable travel and food expenses.

If the Home Office granted you permission to work, that permission will come to an end if your asylum claim is fully refused, and your appeals rights are exhausted. Your permission to work will also come to end if you didn’t appeal the refusal decision on time.

After your asylum claim is fully refused and you are appeal rights exhausted, the Home Office will send you information about voluntarily leaving the country as an option. You may be at risk of being detained by the Home Office. It is important to know about detention risks, your rights and what you can do: Immigration Detention and Reporting – Right to Remain