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CW Note
The UK: The new asylum reform and a shift towards more restrictive policies

  Akshath Kaimal

In the news
On 17 November, UK Home Secretary Shabana Mahmood announced major reforms to the country’s asylum system. Under the new plan, people granted asylum will only be allowed to stay in the country temporarily, with their status reviewed every 30 months. Additionally, the UK government will stop providing housing support and weekly pay to refugees. Mahmood added that the government plans to change the application of Article 8, the right to family, of the European Convention on Human Rights (ECHR), and Article 3, which bans inhuman and degrading treatment. It also plans to introduce new “safe and legal” routes to the UK, with an annual cap on numbers, a consolidated appeals process and visa penalties on Angola, Namibia and the Democratic Republic of Congo for refusing to take back their citizens.

From 18-21 November, several civil society and human rights organisations reacted to asylum reforms. Just Fair said that the reforms “take us down the wrong path.” Just Right Scotland stressed that the changes “embed precarity, restrict access to justice, and risk normalising destitution for people seeking safety.” Human Rights Watch (HRW) emphasised that the policy “marks a profound retreat from the humane, pragmatic approach Labour promised voters.”

Issues at large
First, a brief background to the UK’s asylum policy. Although the UK is a signatory to the 1951 Refugee Convention, the Immigration and Asylum Act 1999 defines an “asylum seeker” differently from a “refugee,” which restricts the benefits usually provided to asylum seekers. A controversial voucher system was introduced to replace cash payments, and accommodation was provided on a no-choice basis. The “hostile environment” created by the Immigration Act 2014 allowed the sectors, such as healthcare and housing, to carry out immigration checks to ensure a person’s eligibility. Brexit, modelled on the “refugee crisis,” made it harder for asylum seekers to continue staying in the UK. The Conservative government’s subsequent deal with Rwanda and the Labour government’s recent reforms met with criticism from human rights organisations.

Second, the problem of seeking asylum in the UK in 2025. Currently, refugees can stay in the UK for up to five years, after which they can apply for settlement, called Indefinite Leave to Remain (ILR) and eventually, citizenship. Mahmood wants to raise this to 20 years to deter more asylum claims. According to the Home Office, the UK has so far provided asylum for a record 110,800 people this year. Refugee arrivals on small boats are 8500 higher than the same time last year. Latest data from the Home Office shows that asylum seekers mainly come from Pakistan, Afghanistan, Iran, Bangladesh, Sudan, Eritrea and Syria, often fleeing violence, conflict and political persecution in their home countries.

Third, rising anti-immigration sentiments in the UK. Anti-immigrant sentiments began rising following the 2015 European migrant crisis. On the grassroots level, protests against immigration in London this September saw upwards of 100,000 people occupying the streets. The protests have been primarily spearheaded by right-wing activists. Politically, these popular anti-immigrant sentiments have pushed for more and more restrictive asylum and immigration policies. The previous Conservative government introduced the Rwandan Asylum Plan in 2022 to deport illegal migrants to Rwanda. Although the plan was cancelled by the current Labour government, the new reforms indicate that restrictive asylum policies are being adopted across the political spectrum. 

In perspective
First, the potential impacts of the reforms on asylum seekers. With several European countries shifting towards more restrictive asylum policies, the new reforms could spell more trouble for asylum seekers. The Netherlands, Greece, Austria, Germany and Italy have all tightened their asylum policies over the last few years, creating fewer avenues for people fleeing political and economic instability. Mahmood’s reforms would make the UK’s asylum system among the strictest in Europe. Stricter asylum and immigration policies in European countries have generally resulted in more people crossing over illegally, primarily using small boats, which is dangerous. Despite the overhaul of the asylum system, the new reforms are unlikely to reduce these numbers.

Second, a possible shift to the right. The reforms also signal a possible shift to the political right in the UK, fueled by rising inflation and immigration. The Labour government’s latest asylum policy doesn’t help things. The new policy is a gamble, and the government needs the support of its party MPs to push it through. With at least 20 Labour MPs objecting to the new rules, Keir Starmer’s government faces divisions within its own party, and that could push Labour supporters to the right.


About the author
Akshath Kaimal is a Research Intern at NIAS.

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