Home Office Refusal: UASC Leave
UASC leave (leave to remain in the UK) is a type of temporary leave given to you if you are a child, your asylum claim has been refused, and there are no social services in your country to take care of you.
It is important to know that UASC leave is a refusal of your asylum claim.
If your claim is refused, your lawyer will receive a letter which gives the reasons for refusal. This might be if the Home Office does not believe that you are at risk in your home country. It might be upsetting to receive this news, but it might help to go through the letter with your lawyer to understand the reasons the Home Office is refusing your claim.
The leave to remain needs to be renewed every 30 months or until you are 17.5 years old.
Problems & Actions
Problem 1
You have UASC leave and you are nearly 17.5 years old
Action 1
If you have been granted UASC leave, you have the right to apply for an extension of leave, but that must be done before the expiry of the leave.
Action 1
If you have been granted UASC leave, you have the right to apply for an extension of leave, but that must be done before the expiry of the leave. This means your lawyer needs to make an in-time application to extend or vary your leave 28 days before your current leave expires. You need to remind your lawyer to start preparing for this application at least three months in advance. While your application for further leave/extension is being considered, you will keep the same rights. If your application is refused, you can lodge an appeal. You will keep the same rights – including your right to work – until your appeal is decided.
Problem 2
You are 17.5 years old when your asylum claim is refused by the Home Office
Action 2
If you are 17.5 years old or older, you will not be granted UASC leave. If your asylum claim has been refused, you may have the right to appeal that decision (see next stage).
Action 2
Read more about what to do if your claim has been refused by the Home Office in the Right to Remain Toolkit here.
Problem 3
Your UASC leave is about to expire but you want to continue working
Action 3
If you have been granted UASC leave, you have permission to work until you are 17.5 years old. You will normally continue to have permission to work even after 17.5 years old...
Action 3
If you have been granted UASC leave, you have permission to work until you are 17.5 years old. You will normally continue to have permission to work even after 17.5 years old, if your lawyer makes an in-time application to extend or vary your current leave. This means your lawyer needs to apply for further (additional) leave 28 days before your current leave expires. You need to remind your lawyer to start preparing for this application at least three months in advance. While your application for further leave/extension is being considered, you will keep the same rights. If your application is refused, you can lodge an appeal. You will keep the same rights – including your right to work – until your appeal is decided.
Problem 4
You have applied for extension of UASC leave/further leave but cannot prove that you are eligible to work because you have given your card back to the Home Office for your new application
Action 4
You can ask your lawyer to give your employer a headed letter confirming your application for further leave was made in time and is valid.
Action 4
You can ask your lawyer to give your employer a headed letter confirming your application for further leave was made in time and is valid. Your employer can also contact the Employer Checking Service (ECS) to confirm you have the right to work at the following website. Be aware that the ECS sometimes gives out the wrong information