Asylum Fresh Claim UK: Further Submissions Guide 2026
What you need to know
- •Fresh claims must be based on new evidence not considered in the original decision.
- •The Home Office decides whether your submission amounts to a fresh claim.
- •If accepted as a fresh claim, you cannot be removed while it is being considered.
- •Legal representation is strongly recommended for fresh claims.
A fresh asylum claim allows you to ask the Home Office to reconsider your case based on new evidence or changed circumstances. The evidence must be significantly different from your original claim and must create a realistic prospect of success. This guide covers how to prepare and submit a fresh claim.
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What Is a Fresh Claim?
A fresh claim, formally known as a "further submission" under paragraph 353 of the Immigration Rules, is an opportunity to present new evidence to the Home Office after your original asylum claim has been finally refused. It is not simply asking for the same claim to be reconsidered — you must have genuinely new material.
The GOV.UK further submissions page provides official guidance on how to make a further submission.
When Can You Make a Fresh Claim?
You can make a fresh claim after:
- Your original asylum claim has been refused
- Any appeal to the First-tier Tribunal has been heard and dismissed
- Any further appeal rights have been exhausted
There is no time limit for making a fresh claim, but the sooner you submit new evidence after it becomes available, the stronger your case will be. See our refused asylum options guide for other options available to you.
Requirements for a Fresh Claim
The Home Office will only accept your further submission as a fresh claim if it meets two tests:
- Significantly different. The new material must be significantly different from material previously considered. It must not be information that was available during your original claim but was not submitted.
- Realistic prospect of success. Taken together with the previously considered material, the new evidence must create a realistic prospect that the decision maker would decide differently — that is, that you would be granted asylum or humanitarian protection.
Types of New Evidence
Examples of evidence that may support a fresh claim include:
- Changed country conditions. If conditions in your home country have deteriorated since your original claim — for example, a new conflict, a change of government, or new persecution of your particular group.
- New personal circumstances. If you have developed a new reason to fear return — for example, your political profile has changed, or you have converted to a different religion.
- Medical evidence. New medical or psychological evidence, particularly evidence of torture or trafficking that was not previously disclosed. See our NHS access guide for information on getting medical evidence.
- New witness evidence. Statements from witnesses who were not available during the original claim.
- New legal developments. Changes in case law or policy that affect your type of claim.
How to Submit a Fresh Claim
- Gather your evidence. Collect all new evidence and organise it clearly. Each piece should be accompanied by an explanation of why it is significant.
- Get legal advice. It is strongly recommended to work with an immigration solicitor. See our legal aid guide for information on finding free legal help.
- Prepare a witness statement. Write a detailed statement explaining what has changed since your original claim and why you now fear return.
- Submit to the Home Office. Further submissions must be made in person at a designated reporting centre. Check GOV.UK for the current submission process.
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What Happens After Submission
After you submit your further submissions, the Home Office will:
- Review the material. A caseworker will assess whether the new evidence is significantly different from what was previously considered.
- Decide if it amounts to a fresh claim. If yes, you will receive a new decision on your asylum claim. If no, the Home Office will explain why the evidence does not meet the threshold.
- Issue a decision. If it is accepted as a fresh claim and refused, you will normally have a right of appeal to the First-tier Tribunal.
Support During a Fresh Claim
If you are destitute while making a fresh claim, you may be able to access asylum support under Section 4 (now called Schedule 10 support). This provides accommodation and a payment card for essential living needs.
Your children continue to have the right to education and you can still access certain NHS services.
If the Fresh Claim Is Refused
If the Home Office decides your submission does not amount to a fresh claim, or if the fresh claim is refused:
- You may be able to challenge the decision by judicial review if the Home Office made a legal error
- If accepted as a fresh claim but refused, you will normally have a right of appeal
- You can make another further submission if you obtain additional new evidence
- You may wish to explore other options available to you
Getting Legal Help
Fresh claims are legally complex and the success rate is higher with legal representation. Contact:
- A legal aid solicitor specialising in asylum law — see our legal aid guide
- An OISC-registered immigration adviser
- Refugee organisations such as the Refugee Council or Asylum Aid
Next Steps
If you have new evidence that was not available during your original claim, seek legal advice immediately. A solicitor can assess whether your evidence meets the threshold for a fresh claim.
Related guides:
This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.
Related guides
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