Overstayer applying for asylum

  • I work for a small charity and we are supporting a Kenyan man who has been an illegal overstayer in the UK for over 10 years. He has recently been detained under the Mental Health Act and is entitled to 2 weeks accommodation (prob in B+B) after discharge but has nothing after that. He now wants to apply for asylum or leave to remain but we are concerned about what may happen to him if he tries to apply. As he has been illegally in the country for so long if he approaches the Border Agency is he likely to be detained immediately and deported? Would there be any chance of him being eligible to apply? Many thanks in advance for any suggestions

  • Immigration Adviser

    Hi @skippy

    Without knowing the full details of this mans situation it is hard to advise whether an application for Leave to Remain would be successful.

    To be eligible to claim asylum he must have a fear of persecution if he had to return to his home country. It is unlikely he would be detained while awaiting a decision, however an asylum claim will require him to attend an in person meeting with an Immigration Officer, and then an interview with a caseworker.

    In some situations it may be possible to make an application for Leave to Remain on Human Rights grounds.

    If you would be able to provide me with further information regarding his situation then I can advise further. You can either respond on here, or send me an email to the address below.


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