Fresh Asylum Claim: How to Make a Fresh Asylum Application in the UK

If your asylum application in the UK has been refused but your circumstances have changed, or you have new evidence that supports your case, you may be able to make a fresh asylum claim.

This guide explains what a fresh claim is, who can make one, what evidence is needed, how the process works, and what to expect. We’ll also explain how getting the right legal help can make a big difference.

What Is a Fresh Asylum Claim?

A fresh asylum claim is a new submission to the Home Office by someone whose original asylum application was refused. The fresh claim is based on new information that wasn’t available or submitted before.

This new evidence must either:

• Support the original reasons for seeking asylum, or
• Provide a new reason why you need protection in the UK.

The Home Office will only consider it a fresh claim if the new information is significantly different from what was submitted before and could realistically lead to a different decision.

When Can You Make a Fresh Asylum Claim?

You can only make a fresh asylum claim after your original claim and any appeal has been refused.

Here are some common reasons people become eligible to make a fresh claim:

• You have new documents proving political involvement in your country.
• The situation in your home country has changed (e.g. new conflict or persecution of certain groups).
• You’ve converted to a new religion, which puts you at risk if returned.
• You’ve started family life in the UK such as having children or getting married.
• You couldn’t disclose certain information at your first interview but now can.
• You have become active in political or social groups in the UK that may put you at risk abroad.
• The Home Office has updated its policy or legal interpretation in a way that now supports your case.

Evidence You Need for a Fresh Claim

To have a realistic chance of success, your fresh claim must include clear, credible evidence. This can include:

• Official documents showing political or religious activity
• Country reports proving danger or persecution in your country
• Birth certificates of UK born children
• Letters of support from community groups, religious leaders, or NGOs
• Translations of foreign documents (must be certified)

Examples of Strong Evidence

• A letter from a UK church confirming your baptism and regular attendance
• A political activist’s arrest warrant from your home country
• A medical report documenting trauma linked to persecution
• Home Office policy update showing a legal shift in your favour

It’s vital that all evidence is genuine, new, and directly relevant to your case. A solicitor can help you prepare everything correctly.

The Legal Test for a Fresh Asylum Claim

When you submit a fresh claim, the Home Office applies something called the Legal Test. They will ask two key questions:

• Is the new evidence significantly different from what was already submitted?
• If yes, is there a realistic chance it would lead to a grant of asylum or protection?

If the answer to both is “yes,” the claim is accepted and processed.

But if the Home Office thinks the evidence is not new or not strong enough, your fresh claim will be refused. That’s why legal support is so important poor presentation or missing documents can lead to rejection.

Step by Step Guide to Making a Fresh Asylum Claim

Making a fresh claim involves more than just posting new documents. Here’s a step by step guide:

Step 1: Review Your Original Asylum Application

You or your solicitor must review everything submitted before. If your “new” evidence was already seen, the claim won’t pass the Legal Test.

Step 2: Prepare Your New Evidence

Collect all relevant documents and explain why they are important. Translations and detailed statements are often needed.

Step 3: Book an Appointment at the Further Submissions Unit (FSU)

You must book an appointment at the FSU. Offices are located in:

• Liverpool
• Glasgow
• Belfast
• Cardiff

Appointments are booked by phone. You can only post documents in exceptional cases (e.g. detention, serious illness).

Step 4: Attend the Appointment

You must go to the appointment in person and hand over your documents. You’ll receive a receipt, which proves you made the submission. Keep this safe.

Step 5: Wait for a Decision

The Home Office will review your evidence and make a decision. There is no exact timeframe, but some people wait many months.

What Happens After Submitting Your Fresh Asylum Claim?

There are three possible outcomes:

• You’re granted asylum or leave to remain Your new evidence proves you need protection. You’ll get status and can stay legally in the UK.
• Your claim passes the Legal Test but is refused You may be able to appeal, depending on the reasons given.
• Your claim is rejected outright If the evidence doesn’t pass the Legal Test, you won’t have appeal rights — unless you go for a judicial review, which is rare and legally complex.

How Long Does a Fresh Claim Decision Take?

There’s no official deadline for the Home Office to respond. Some people hear back in a few weeks, others wait over a year.

Decisions may come faster if:

• You’re already in detention
• You have a removal date
• There’s pressure from legal action

In other cases, you may need to wait and check in regularly with your lawyer.

Can You Stay in the UK While Waiting for a Decision?

Yes. If your fresh claim is still being considered, you cannot be removed from the UK under current rules.

You’ll need to:

• Keep the receipt from your FSU appointment
• Prove that your claim is pending if questioned
• Report regularly to immigration (if required)

If your fresh claim is refused and labelled “not a fresh claim,” you may face removal so legal support is essential.

Do You Need a Lawyer for a Fresh Asylum Claim?

You are allowed to submit a fresh claim without a lawyer but it’s not recommended.

The process involves:

• Understanding complex legal tests
• Gathering and presenting evidence correctly
• Knowing what qualifies as “significantly different”

Even strong claims can fail if paperwork is missing or poorly explained.

Immigration solicitors can:

• Assess whether your claim is likely to succeed
• Help you gather the right documents
• Represent you at appointments and in any appeals

Get Help With a Fresh Asylum Claim in Manchester

If you’re in Manchester and need help with a fresh asylum claim, we can assist you.

Our immigration solicitors in Manchester have years of experience supporting people through the asylum process from first submissions to complex fresh claims.

Call 0161 464 4140 or  Book an appointment now

We’ll listen carefully, give clear advice, and help prepare your case with care and confidentiality.

Frequently Asked Questions

What qualifies as new evidence for a fresh asylum claim?

Anything not previously submitted that strengthens your claim such as new threats, country changes, or personal circumstances.

Can I be removed while my claim is being considered?

No. While your fresh claim is under review, you are protected from removal by UK law.

Is a fresh claim the same as an appeal?

No. A fresh claim is a new application with new evidence. An appeal is a legal challenge to a previous decision.

How much does it cost to make a fresh asylum claim?

There is no Home Office fee. Legal costs depend on your lawyer’s fees and whether legal aid is available.

Do I need to attend the appointment in person?

Yes, unless you’re seriously ill, detained, or otherwise exempt. Most people must attend the FSU in person.