Your Rights While Waiting for an Asylum Decision

Last updated: 5 October 2026

Photo: Supreme Court - Matt Wade

Waiting for your asylum decision can take months or even years. During this time, you may feel uncertain about your rights. Can you work? Will you get housing? Can you see a doctor? The answers depend on which country you are in. This guide explains your asylum rights waiting for a decision in the United Kingdom and the United States. Understanding these rights will help you plan and protect yourself while you wait. For more guidance, visit our asylum guide.

Your Rights in the United Kingdom

Housing and Financial Support

If you are waiting for an asylum decision in the UK and you have no money and nowhere to live, you can apply for Section 95 support. This is a type of government support provided by the Home Office. It is different from the normal benefits system. Section 95 support includes two things: housing and a weekly cash allowance.[1]

The housing is provided on a "no choice" basis. This means the Home Office decides where you live. You cannot choose the city or the type of accommodation. Asylum seekers are often placed in shared houses, hostels, or former hotels. The accommodation is usually basic but should be safe and clean. If your housing has serious problems (such as no hot water, pests, or unsafe conditions), you should report this to your accommodation provider and to your legal representative.[2]

The weekly allowance is currently £49.18 per person. This money is loaded onto a prepaid card called an Aspen card. It is meant to cover food, clothing, and other essential items. This is a very small amount, and many asylum seekers find it difficult to manage.[3]

Healthcare

Asylum seekers in the UK have the right to use the National Health Service (NHS). This means you can register with a GP (general practitioner, or family doctor), go to hospital if you need emergency care, and access mental health services. All NHS care is free for asylum seekers. You do not need to pay. You are also entitled to free prescriptions, free dental care, and free eye tests.[4]

Children's Education

If you have children aged 5 to 16, they have the right to go to school. This right applies to all children in the UK, regardless of their immigration status. Schools cannot refuse to enrol your child because you are an asylum seeker. Your children can also receive free school meals if you are on Section 95 support.[5]

Permission to Work

In the UK, asylum seekers are not allowed to work while they wait for their decision. There is one exception. If you have been waiting for more than 12 months for an initial decision on your claim, and the delay is not your fault, you can apply for permission to work. Even then, you can only work in jobs on the Shortage Occupation List. This is a list of jobs where there are not enough workers in the UK, such as some healthcare and engineering roles.[6]

Legal Aid

Asylum seekers in the UK may be able to get free legal help. This is called legal aid. Legal aid covers advice and representation for your asylum claim, including help with your interview, preparing your statement, and representing you at appeal if your claim is refused. Not all solicitors offer legal aid, and there are not enough legal aid lawyers in many parts of the UK. You should try to find a legal aid solicitor as early as possible. For help finding legal support, see our guide on free legal help for asylum seekers.[7]

Your Rights in the United States

Work Authorisation

In the US, asylum seekers can apply for work authorisation (a work permit) 180 days after they file their asylum application. The work permit is called an Employment Authorization Document (EAD). Once you receive your EAD, you can work legally in any job. The 180-day waiting period starts from the date your application is filed, not from the date you entered the country. Processing times for the EAD can vary, so you may wait longer than 180 days in practice.[8]

Financial Assistance and Benefits

Asylum seekers in the US are not eligible for most federal benefits while waiting for a decision. This means no food stamps (SNAP), no Medicaid (except emergency Medicaid), and no cash assistance from federal programmes. However, some states and cities provide their own support programmes for asylum seekers. The availability of these programmes varies widely depending on where you live.[9]

You may be eligible for emergency Medicaid, which covers emergency medical treatment. This includes emergency room visits and urgent care. Some states also provide prenatal care for pregnant asylum seekers.[10]

Children's Education

All children in the US have the right to attend public school, regardless of immigration status. This right was established by the Supreme Court in Plyler v. Doe (1982). Schools cannot ask about your immigration status or your child's status. Your children can attend school from kindergarten through 12th grade (high school) for free.[11]

Housing

The US government does not provide housing for asylum seekers who are not in detention. If you are released from detention or if you entered the country and applied for asylum, you must find your own housing. Some non-profit organisations and charities provide temporary shelter, but spaces are limited. There is no equivalent to the UK's Section 95 housing support.[12]

UK vs US: Rights Comparison

Reporting Requirements

United Kingdom

If you are an asylum seeker in the UK, you may be required to report to an immigration reporting centre on a regular basis. The Home Office will tell you how often you need to report. It could be weekly, monthly, or at other intervals. When you report, you go to the centre, show your identity documents, and sign in. Missing a reporting appointment is very serious. If you do not report, the Home Office may assume you have disappeared. This could lead to your case being treated as withdrawn, or to your arrest and detention.[13]

United States

In the US, you may be required to check in with ICE (Immigration and Customs Enforcement). The frequency of these check-ins depends on your individual case. You may also be required to wear an ankle monitor. If you miss a check-in or an immigration court hearing, the judge may order you removed (deported) in your absence. This is called an "in absentia" removal order.[14]

Mental Health Support

Waiting for an asylum decision is extremely stressful. Many asylum seekers experience anxiety, depression, and post-traumatic stress disorder (PTSD). It is important to seek help if you are struggling with your mental health.

In the UK, you can access mental health services through the NHS. Ask your GP for a referral to talking therapy (counselling) or psychiatric services. Some charities also provide free counselling specifically for asylum seekers and refugees, such as Freedom from Torture and the Helen Bamber Foundation.[15]

In the US, mental health support is harder to access without insurance. However, community health centres provide services on a sliding scale (you pay what you can afford). Some organisations, such as the Torture Abolition and Survivor Support Coalition (TASSC) and local legal aid societies, offer free counselling for asylum seekers.[16]

"Asylum seekers have a right to be treated with dignity during the entire asylum process. Waiting should not mean suffering in silence."
— UNHCR, Guidance on Reception Conditions for Asylum Seekers, 2024

How to Check Your Case Status

In the UK, you can contact the Home Office to check on the progress of your asylum claim. Your solicitor (lawyer) can also do this on your behalf. There is no online tracking system for asylum cases. You can call the Home Office asylum helpline or write to them. Response times can be slow.[17]

In the US, you can check the status of your asylum application online. If your case is with USCIS (the asylum office), you can check online at the USCIS website using your receipt number. If your case is with the immigration court (EOIR), you can call the automated court information hotline at 1-800-898-7180 or check online.[18]

Conclusion

Understanding your asylum rights waiting for a decision is essential. Whether you are in the UK or the US, you have basic rights to safety, healthcare, and education for your children. The rules about work, housing, and financial support are different in each country, so make sure you know what applies to you. Always attend your reporting appointments and court hearings. Seek legal help as early as possible. If you are struggling, ask for support. You do not have to wait alone. For more information, explore our asylum guide and human rights resources, or find an expert witness who can support your case.