Entering the UK to claim asylum

This guide from Right to Remain (updated October 2024) covers the practical and legal realities of entering the UK to seek asylum, including why most people have no option but to enter without permission. It explains the criminal offence of illegal entry under the Nationality and Borders Act 2022, the use of false passports, and the Article 31 Refugee Convention defence (enacted in UK law as Section 31 of the Immigration and Asylum Act 1999) that may protect asylum seekers from prosecution for document offences. It also details how Section 37 of the Nationality and Borders Act 2022 limits access to that defence, and how the Criminal Cases Review Commission (CCRC) can assist people who may have been wrongly convicted. Note that the guide does not cover refugee resettlement schemes, and readers should check the linked Legal Update blog for information specific to the Illegal Migration Act 2023.