1. UK Asylum Reform 2025: The Government’s Most Significant Overhaul in Decades

The Government has published what it describes as the most significant overhaul of the UK’s asylum system in modern times. The policy statement, “Restoring Order and Control“, sets out a comprehensive set of reforms aimed at fundamentally restructuring how the UK provides protection to refugees and manages asylum claims. These changes will have profound implications for practitioners, asylum seekers, and the immigration system as a whole.

2. Drivers of UK Asylum Policy Change

The momentum for reform stems from what the Government characterises as an asylum system under severe strain. Since 2021, over 400,000 people have claimed asylum in the UK. This is nearly triple the number from the preceding five-year period. The UK has become “the destination of choice in Europe,” according to Home Secretary Shabana Mahmood, a situation underscored by an 18% increase in asylum claims in 2024. This contrasts sharply with a 13% fall in claims across the European Union during the same period.

The Government identifies what it perceives as “pull factors” drawing asylum seekers to the UK, including the relative permanence of refugee status, generous support provisions, and difficulties in removing failed asylum seekers. Currently, around 106,000 asylum seekers receive state-funded support, with the vast majority in asylum accommodation. At its peak in 2023, approximately 400 asylum hotels operated across the country at a daily cost of £9 million to taxpayers.

However, while small boat arrivals attract significant attention, they represent only 39% of asylum claims. A further 37% of claimants arrived legally on visas before claiming asylum, challenging simplified narratives about irregular migration.

3. Shift from Permanent to Temporary Refugee Protection

The central part of the reforms is a fundamental shift from permanent to temporary protection for refugees. Drawing inspiration from Denmark’s asylum model, where successful claims have fallen to a 40-year low, the UK is moving away from what the Government views as an overly generous settlement offer.

This change will have significant practical implications for refugees who will need to reapply for protection at 30-month intervals throughout their time in the UK.

4. Core Protection: Changes to Refugee Status

Under the new “Core Protection” regime, refugees will face substantially different circumstances:

Reduced Leave Period: The initial period of leave will be significantly cut from 5 years to just 30 months. This leave will only be renewable upon demonstration that protection remains necessary. Where circumstances in the home country are deemed to have improved sufficiently, refugees will become liable for removal.

Extended Path to Settlement: Most significantly, refugees will no longer be able to apply for indefinite leave to remain after five years. Instead, eligibility for settled status is now contingent upon remaining in the UK for 20 years, representing a fourfold increase in the required duration. The specific requirements for settlement will be detailed in a forthcoming consultation on “earned settlement“.

No Automatic Family Reunion: The automatic right to family reunion will be abolished under Core Protection. Refugees wishing to bring family members to the UK would need to transition to alternative routes with stricter requirements, potentially including minimum income thresholds and language proficiency tests similar to those imposed on other visa categories.

Reduced Benefits Access: The Government plans to restrict access to taxpayer-funded benefits, prioritising those making an economic contribution to the UK. A consultation on this proposal is scheduled for 2026.

5. Alternative Settlement Route for Refugees

Recognising that Core Protection offers limited prospects, the Government will introduce a new in-country route for refugees who secure employment or commence study at an appropriate level. Individuals who successfully transfer to this alternative route, upon payment of the required application fee, would be eligible to achieve settlement more quickly than those remaining solely on the Core Protection route. This route may also provide eligibility for family reunion, subject to conditions similar to those applied to other legal migrants and UK citizens.

6. Special Consideration for Vulnerable Refugees

The Government emphasises that special consideration will be given to unaccompanied asylum-seeking children, families with children, and other vulnerable asylum seekers, though details remain to be clarified.

7. Renewal Requirements for Core Protection

Please note: The exact requirements for renewal applications have not yet been announced by the Government. The following analysis is based on established asylum principles and current practice, but practitioners and asylum seekers should await further guidance on the specific evidential requirements for 30-month renewal applications.

Under the new system, refugees granted Core Protection will face the prospect of reapplying every 30 months to renew their leave. Refugees will only receive a renewal of protection if they can demonstrate that the conditions in their country of origin remain unsafe, as the policy essentially requires them to prove that circumstances have not improved sufficiently to permit a safe return.

At this stage, it is reasonable to assume that the evidential burden for renewal applications would mirror, at least in part, the requirements for initial asylum claims. This would likely require refugees to establish:

Continued Risk of Persecution: Refugees would need to demonstrate an ongoing well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by the 1951 Refugee Convention. This means proving not merely past persecution, but a continuing future risk.

Current Country Conditions: Evidence of the current situation in the country of origin would be crucial. This might include:

• Country guidance and human rights reports from organisations such as the UNHCR, Home Office Country Policy and Information Notes, and NGO reports;
• Evidence of ongoing conflict, violence, or political instability;
• Documentation of continued persecution of individuals sharing the refugee’s protected characteristics;
• Expert evidence on regime behaviour and treatment of returnees.

Personal Circumstances: Refugees would likely need to show that their personal risk factors remain unchanged or have intensified. This could include:

• Evidence that warrants, charges, or threats against them remain active;
• Documentation that individuals or groups who previously targeted them remain a threat;
• Proof that their profile (political, religious, ethnic, social) continues to place them at risk;
• Evidence regarding whether internal relocation within their home country remains unsafe.

Inability to Access State Protection: Demonstration that authorities in the home country remain unable or unwilling to provide adequate protection against the risk of harm.

No Fundamental Change in Circumstances: The refugee would need to establish that no fundamental change has occurred that would make return safe. The Government’s stated intention to resume returns to countries following regime change (such as Syria) suggests that significant political transitions could be grounds for refusing renewal.

For refugees who have become politically active in the UK (known as sur place claims), evidence of:

• The nature and visibility of their activities in the UK;
• Whether these activities have come to the attention of authorities in their home country;
• The likely treatment of returned activists based on country evidence.

8. Challenges and Scrutiny in Renewal Applications

Practitioners should anticipate that the Home Office may apply heightened scrutiny to renewal applications, particularly where:

• Significant time has elapsed since the original claim;
• Country conditions have improved, even marginally;
• Regime change has occurred in the country of origin;
• The refugee has travelled (though the policy statement notes that travel to one’s home country during a claim period may disqualify asylum seekers from protection entirely).

The evidential challenge may be particularly acute for refugees whose original claims were based on past persecution rather than future risk, or where the nature of the threat was time-limited. Refugees granted protection based on widespread indiscriminate violence under Humanitarian Protection provisions may face questions about whether the intensity of conflict has diminished sufficiently to permit return.

It is unclear at this stage whether:

• The burden of proof will rest entirely on the refugee to prove continued need for protection, or whether the Home Office will need to demonstrate that it is safe to return;
• Renewals will be subject to full substantive interviews or more streamlined processes;
• There will be any presumption in favour of renewal for those who have complied with conditions;
• Failed renewal applications will attract appeal rights equivalent to initial refusals.

Given the Government’s stated objective to encourage refugees to transition to the “work and study” route, it is possible that renewal processes may be designed to incentivise this shift, potentially through more rigorous scrutiny of Core Protection renewals compared to work route applications.

The 30-month review cycle creates considerable uncertainty for refugees and places significant evidential burdens on applicants who may struggle to obtain fresh country evidence regularly, particularly where they have fled persecution and have limited ongoing connections to their country of origin.

9. Asylum Support: From Entitlement to Discretion

The second major area of reform concerns support provided to asylum seekers whilst claims are processed. The Government plans to revoke The Asylum Seekers (Reception Conditions) Regulations 2005, which implemented EU law requiring support for destitute asylum seekers. This legal duty will be replaced with discretionary powers, fundamentally altering the support landscape.

10. New Eligibility Rules for Asylum Support

Under the new framework, support will be denied to several categories of asylum seekers:

• Those with the right to work but who choose not to exercise it, including individuals who entered on work or student visas before claiming asylum, or those whose claims have been outstanding for over 12 months;
• Those who have “deliberately made themselves destitute”;
• Those failing to comply with conditions, such as removal directions or who work illegally;
• Those convicted of criminal offences or who engage in disruptive behaviour in accommodation.

Additionally, asylum seekers with assets or income will be required to contribute toward their support costs, with recovery mechanisms for assets not initially declared or convertible into cash.

11. Changes to Asylum Accommodation

The Government has committed to exiting all asylum hotels by the end of this Parliament, transitioning instead to large-scale sites including military facilities. Cameron Barracks and Crowborough Training Camp have been identified for this purpose. This approach mirrors practices in several European countries that utilise repurposed facilities ranging from schools to former airports for asylum accommodation.

12. Tackling Illegal Working in the UK

The reforms include enhanced enforcement against illegal working, building on what the Government describes as record-level enforcement activity. In the year to September 2025, over 11,000 raids were conducted and more than 2,100 civil penalties totalling over £117 million were issued to employers.

The Border Security, Asylum and Immigration Bill will extend right-to-work checks to the gig economy, closing a loophole that has allowed companies using flexible or self-employed workers to avoid such checks. Following a consultation launched in October 2025, these measures will impose significant civil penalties on non-compliant employers.

By the end of this Parliament, a digital ID will become mandatory to prove the right to work in the UK, aimed at preventing the use of fraudulent documents and reducing employers’ ability to turn a blind eye to questionable documentation.

13. Expanded Powers for Asylum Removals

The Government acknowledges that between June 2024 and June 2025, whilst 58,000 asylum claims were refused, fewer than 11,000 people were removed from the country. The reforms introduce several measures to address this disparity.

14. Expanded Removal Powers

The Government will adopt what it characterises as a “more forthright attitude” to removals, including:

Family Removals: Currently, families are not prioritised for removal. The Government will now offer financial support for voluntary return but will escalate to enforced removal where families refuse. A consultation will address the process for enforcing family removals, including concerning children. Notably, approximately 700 Albanian families who failed their asylum claims currently remain in the UK despite Albania’s cooperation on returns and its ECHR signatory status.

Resuming Returns to Certain Countries: Following regime change in Syria, the Government is exploring resuming enforced returns to countries where removals were previously paused, building on voluntary returns already underway. This reflects practices in Germany, Austria, Belgium, the Netherlands, and Czechia.

Visa Penalties: Under section 72 of the Nationality and Borders Act 2022, visa penalties including suspension of entry clearance will be imposed on countries refusing to cooperate with returns of their citizens. The Government views such action as sending a message to all nations about the consequences of non-cooperation.

15. Changes to Asylum Appeal Processes

As of March 2025, the appeals system is grappling with a significant backlog of 51,000 unresolved cases. This represents a dramatic increase from the 7,000 cases recorded in early 2023. Average waiting times have reached 54 weeks. The reforms include:

New Appeals Body: A new independent appeals body staffed by professionally trained adjudicators will be created to expand capacity, inspired by Denmark’s Refugee Appeals Board model where decisions are generally final.

Single Appeal Route: Claimants will have a single appeal. If unsuccessful, they will be required to leave the UK. Further submissions will only be permitted where the claimant can demonstrate why matters are being raised late and that they are substantially different from the initial claim.

Expedited Processes: Claims with low likelihood of success will be accelerated, as will appeals for high-harm cases, foreign national offenders, and those who are detained and readily removable.

16. Human Rights Reforms in Immigration

Perhaps most controversially, the Government plans significant reforms to how human rights law applies in immigration contexts.

Article 8 ECHR (Right to Family and Private Life): The reforms will “reset the balance” in three ways:

• Strengthening the public interest test to emphasise effective immigration control, community safeguarding, economic prosperity, and public service pressures;
• Defining “family life” in primary legislation to normally extend only to immediate family members;
• Prescribing how and when Article 8 claims can be made, preventing late claims from frustrating removals.

Article 3 ECHR (Prohibition of Torture): The Government expresses concern that interpretations of “inhuman or degrading treatment” have expanded, allowing some foreign national offenders to remain in the UK despite serious criminal convictions, or permitting individuals to block deportation based on healthcare needs. The Government is working with partner countries to reform the interpretation and application of Article 3.

Modern Slavery System: Following changes to statutory guidance removing the “reconsideration” process for migrants from ECHR and ECAT signatory countries, new legislation will clarify obligations and enable the Government to address what it views as misuse whilst maintaining protections. Enhanced screening will ensure earlier disclosure of relevant information, with credibility assessments taking account of late disclosures.

17. Safe and Legal Routes for Refugees

Balancing the stricter asylum measures, the Government commits to maintaining capped safe and legal routes, with refugee sponsorship becoming the primary framework. An annual cap will be set based on community capacity and willingness to support refugees.

New routes will include:

• Reformed refugee sponsorship giving voluntary and community organisations greater involvement;
• A capped route for displaced students to study in the UK;
• A capped route for skilled refugees to work in the UK.

These arrivals will generally be on a ten-year route to settlement, maintaining the Government’s position that the UK remains “a country that offers protection to those fleeing peril.”

18. Implications of UK Asylum Reforms

These reforms represent a seismic shift in UK asylum policy. Practitioners will need to navigate substantially altered legal frameworks, particularly concerning Article 8 and settlement routes. The move to 30-month renewal cycles for Core Protection establishes a novel area of legal practice. Refugees will now face recurrent evidential requirements to maintain their status, although the specific demands for these renewal applications have yet to be clarified by the Government.

The move from a duty to provide support to discretionary powers raises questions about potential destitution and engagement with Article 3 obligations.

The extension of settlement timescales from 5 to 20 years fundamentally alters the nature of refugee protection in the UK, moving closer to temporary protection models whilst diverging significantly from the previous understanding of what refugee status entails. The impact on integration, family unity, and refugees’ ability to rebuild their lives will require careful monitoring.

The Government frames these changes as necessary to restore public confidence in the asylum system and maintain the social contract that enables the UK to continue offering sanctuary. Critics, however, argue the measures are disproportionate and risk breaching international obligations. Around 20 Labour MPs have already criticised the proposals as “morally wrong” and “cruel“, whilst refugee charities have expressed deep concern.

As these reforms progress through consultation and legislation, they will undoubtedly face legal challenges and intense parliamentary scrutiny. Practitioners should prepare for a significantly changed landscape in asylum and refugee law, with implications extending across immigration practice more broadly.

The coming months will be critical as the Government begins implementing these measures and the full implications for asylum seekers, refugees, and the legal framework become clear.

19. Contact Our Immigration Barristers

For advice in relation to an asylum application, or other UK immigration matters, please contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.

20. Frequently Asked Questions

What is the UK Government’s Core Protection model?

The Core Protection model replaces permanent refugee status with temporary leave of 30 months, requiring refugees to reapply for protection every 30 months. It aims to make UK asylum policy more consistent with models like Denmark’s.

How long do refugees need to remain in the UK to qualify for settlement under the new rules?

Under Core Protection, refugees can no longer apply for indefinite leave to remain after five years. Eligibility for settlement now requires 20 years in the UK, with details to be clarified in the upcoming “earned settlement” consultation.

Can refugees bring their family members to the UK under the new asylum reforms?

The automatic right to family reunion is abolished under Core Protection. Refugees may bring family members under alternative routes, which include stricter requirements such as income thresholds and language tests.

What happens if refugees fail to meet the 30-month renewal requirements?

Refugees must demonstrate that conditions in their home country remain unsafe. Failure to meet these requirements could lead to removal or denial of renewal. Specific evidential standards will be outlined in future Home Office guidance.

What is the “work and study” route for refugees?

Refugees who secure employment or commence study at an appropriate level may transfer to this alternative route. It allows faster progression to settlement and may permit family reunion under conditions similar to other legal migrants.

How will asylum support change under the reforms?

The Government plans to replace the legal duty to support destitute asylum seekers with discretionary powers. Support may be denied to those who fail to comply with conditions, have assets, or have been deliberately destitute.

Will asylum accommodation in hotels continue?

No. By the end of this Parliament, the Government intends to exit all asylum hotels, transitioning to large-scale sites such as repurposed military facilities.

How will illegal working be addressed under the new reforms?

The Government will expand enforcement, including extending right-to-work checks to the gig economy and requiring a digital ID to verify employment eligibility. Employers failing compliance may face substantial civil penalties.

How are removals and appeals changing under the reforms?

The Government plans a more assertive approach to removals, including family removals, resuming returns to certain countries, and imposing visa penalties on non-cooperative states. Appeals will be handled by a new independent body with a single appeal route and expedited processes for certain cases.

Will safe and legal routes for refugees continue under these reforms?

Yes. The Government will maintain capped safe routes, including reformed refugee sponsorship, routes for displaced students, and skilled refugees. Most arrivals will follow a ten-year route to settlement.