What are the 'Safe and Legal' routes for asylum seekers anyway?

There is always a lot of talk about how the government needs to provide safe and legal routes for asylum seekers. But what does this mean?

Migrant, immigrant, asylum seeker, refugee

First up, we have some definitions to get out of the way before we can proceed. The terms ‘migrant’, ‘immigrant’, ‘asylum seeker’ and ‘refugee‘ can often become muddied in public discourse. Particularly so if the speaker is hostile to immigration as a whole, or believes that the UK shouldn’t have to host refugees. So, some definitions.

‘Migrant‘ is a broad, catch-all term. Often, it refers to anyone who leaves their home country and crosses a border. However, it can also be applied to people moving within their home country. This any number of reasons (education, work, safety), and can be temporary or permanent.
‘Immigrant’ can be difficult to separate as a term from ‘migrant’. However, it usually implies a more long-term/permanent situation. ‘Immigrant’ also assumes the perspective of the country being moved into: a person immigrates into a country, and they emigrate from a country.
An asylum seeker is someone trying to gain protection in another country. Usually, this is because of persecution, violence, famine or extreme poverty in their home country. If an asylum seeker is successful, they gain refugee status.
A refugee is someone with refugee status. They’ve been recognised by the country they moved to, or by international body like the United Nations Refugee Agency (UNRA), as having a well-founded fear of returning to their home country. Refugee status has an international legal definition, and it entitles the refugee to aid and support in their new home.

Asylum in the UK

A government policy paper from 2023 boasts that:

The UK has a proud history of providing protection for those who genuinely need it through our safe and legal routes.

Since 2015, we have offered a safe and legal route to the UK to almost half a million men, women and children seeking safety, as well as family members of refugees. In fact, the UK is one of the largest recipients of UNHCR referred refugees globally, second only to Sweden in Europe since 2015.

That little ‘safe and legal’ soundbite comes up a lot in public discourse. It’s used to contrast unsafe and illegal crossings, such as via small boat across the channel. From there, it’s easy to argue that the UK is in favour of people seeking asylum legally; it’s just the nasty illegal asylum seekers that we need to watch out for.

The common retort is that there is no safe and legal way for asylum seekers to reach the UK. This is partially true, but the complications behind the statement leave it open to argument.

The heart of the issue is that somebody can only make an asylum claim one they’re on UK shores. This has been government policy for a long while, and became law with the Nationality and Borders Act 2022. Add to this the fact that you need a visa in order to travel to the UK legally, and there is no way to apply for a visa in order to seek asylum – then we come to the conclusion that there is no safe and legal way for asylum seekers to enter the UK.

UNHRC

The first caveat to ‘there are no safe and legal routes for asylum seekers’ is that an individual can be declared a refugee before they are resettled in the UK. This takes place through the United Nations High Commissioner for Refugees (UNHCR), the UN’s refugee agency.

The UNHCR works according to a legal document called the Convention Relating to the Status of Refugees. This is more commonly known as the 1951 Refugee Convention. The UK was one of its original signatories.

The set of rules which would later become the Convention began back in 1921. At the time, the UN was still the League of Nations. Millions fled their homes during WWI&II, and they needed travel documentation – this made them the first formally recognised refugees.

Once an individual has fled their home country, they can then register with the UNHCR. Usually, these refugees will then be accommodated in whatever country they were originally displaced into. However, some – those with more specific, often medical, needs – may be considered for a resettlement scheme in a different country.

‘Safe and legal’ routes for asylum seekers

The UK Resettlement Scheme (UKRS) is run in tandem with the UNHCR. It also includes the Community Sponsorship and the Mandate Resettlement schemes, which shift the onus from the government onto other individuals or third-sector organizations.

The UK Resettlement Scheme was launched in 2021. Through it, the UN submits candidates to the UK government, which then decides who to accept. It only accepts people once accommodation is ready for them.
Community Sponsorship – This allows people in civil society, often charities and faith groups, to fund the resettlement of refugees in the UK.
The 1995 Mandate Scheme is a global initiative. It allows refugees to be resettled directly with a family member who is willing to support them.

Other resettlement schemes

Beyond these three, there are also several other other routes by which an individual can seek asylum in the UK. The problem with these is that they’re usually only available to very specific groups of people. They include:

Family Reunion: The Family Reunion route allows people whose close family members have already been granted refugee status to also come over and join them. However, the UK government recently temporarily suspended this route.
Afghan Citizens Resettlement Scheme (ACRS): This scheme prioritises people from vulnerable groups in Afghanistan, and those who championed causes like free speech and women’s rights.
Afghan Relocations and Assistance Policy (ARAP): Another scheme specifically for Afghan citizens, this time prioritising those who worked with the UK government in Afghanistan.
Ukraine schemes: These comprise three different schemes, Ukraine Family Scheme, Ukraine Sponsorship Scheme (Homes for Ukraine) and the Ukraine Extension Scheme. They were created in response to Putin’s war on Ukraine.