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Withdrawal of support after a failed asylum claim

If the UK Border Agency rejects your claim for asylum and you can't or don't want to make an appeal against that decision then it will stop providing you with support. If you find yourself in this situation, try not to panic. You might be able to extend your support until other arrangements can be made. This page looks at your options.

Will my support stop?

If your claim for asylum has failed then the UK Border Agency will stop providing you with support and accommodation.

The UK Border Agency can stop giving you financial support 21 days after you are told that your claim for asylum has been rejected. If you have made an appeal against your claim for asylum being rejected then the Agency can stop giving you financial support 21 days after you are told that your appeal has failed.

You will also be told to leave your accommodation. The Agency has to give you at least 10 days' notice before it evicts you. You cannot be made to leave before your financial support has stopped.

Your position is slightly different if you have children. If you have children under the age of 18 then the UK Border Agency will provide you and your family with support until you are able to leave the country.

Can I delay the eviction?

If you receive a letter or notice telling you that your support or accommodation are going to be withdrawn then you should get advice straight away. The Scottish Refugee Council (SRC) will be able to tell you exactly what your options are.

In some circumstances you might be able to go to court to argue against the action for eviction. This may give you a bit more time in your accommodation.

The court may be willing to give you more time in your accommodation if no arrangements have been made about what will happen to you after you are evicted. For instance, it might allow you to stay in your accommodation until you can make an application for section four support or make arrangements to return to your home country. This is a complicated matter and you will need to get legal advice from a solicitor or law centre before you appear in court.

The court will not always be able to delay your eviction so you should get in touch with the Scottish Refugee Council about alternative support as soon as you hear that your asylum application has failed.

What happens after support is withdrawn?

In most cases, if the UK Border Agency withdraws your support, you should make an application for section four support. However, depending on your circumstances, in some cases other types of support might be more suitable. For more information on other types of support available, read the page on getting support if your asylum claim fails.

If you have to leave your home before you can apply for support then some voluntary organisations may also be able to help you by giving you short-term, emergency support. Some organisations will also be able to put you and your family in touch with counselling organisations or community groups to help you cope with what can be a very stressful and traumatic time. Contact the Scottish Refugee Council, who can put you in touch with organisations that can help you.

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