Among the children of school age who enter the UK annually a number are the children of refugees and asylum seekers.

When applying for asylum, children and their carers may be anxious and worried about their future.

If you have a pupil whose family is in the process of applying for asylum, it is important that you understand the stage the family is at in the application, as the pupil may appear unsettled at school.

Who are asylum seekers?

The term asylum seeker refers to someone who has fled from his or her home country and has made an application for political asylum to the Immigration and Nationality Directorate of the Home Office.

After the initial screening interview asylum seekers are given an Application Registration Card (ARC) as a record of identity and date of birth. It is a plastic card with a photograph. Asylum-seeking parents may use this card when enrolling their children at school as it shows a record of the date of birth (see Useful weblinks).

If an asylum seeker is judged to have 'a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion' (1951 UN Convention relating to the Status of Refugees), he or she will be granted refugee status.

When a person is granted refugee status he or she is allowed to remain in the UK for as long as needed. A person with refugee status can apply for a UN refugee travel document. This allows the person to travel overseas. You will need to consider the status of the pupils in your class and whether they can travel abroad when organising overseas school visits.

Other asylum seekers who are allowed to remain in the UK are granted humanitarian protection or discretionary leave to remain.

Humanitarian protection is granted to those who, if returned to their country of origin, might encounter a serious risk to life, for example being subject to the death penalty, unlawful killing, torture, or inhuman or degrading treatment.

Discretionary leave to remain is granted to:

• those who cannot be returned to their home country or a safe third country
• unaccompanied children who have been refused asylum or humanitarian protection (these children cannot be legally returned until they are 18).

There are other cases where individual circumstances are so compelling that it is considered appropriate to let that person stay, for example when a person has a life-threatening illness.

Children remain at school during the appeals process. It is important to be aware that some children may be particularly anxious at this time and will need extra support and understanding.

For more information download 'The process of applying for asylum'.

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Useful weblinks

Please note: QCA is not responsible for the content of external sites

Border and Immigration Agency
The Border and Immigration Agency, an executice agency of the Home Office, is responsible for controlling our borders and managing immigration in the UK. There are specific areas that deal with children's issues such as unaccompanied asylum-seeking children.

Immigration Lawyers Practitioners' Association
The ILPA publishes a list of immigration lawyers.

Oxfam
On this site you can find out about Oxfam's work with asylum seekers. There is a useful myths and facts section and also a link to resources available.

Refugee Council
The Refugee Council is the largest organisation in the UK working with asylum seekers and refugees. The website provides useful information on asylum legislation and policy as well as those working with asylum seekers.

Further resources

Supporting refugee children in 21st century Britain, Rutter, J, Trentham Books, 2003
This book suggests how teachers can support families going through the asylum application process.

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