End our Out-Dated, Massively Expensive, Refugee Benefit System
Pic: Ending the constant flow of asylum seekers across the Channel was a key part of our message at the "Enough is Enough" rally in George Square, Glasgow, 7-9-24.
Most people are unaware that if an asylum seeker is given "Refugee Status" in the UK, then he or she is automatically given access to the entire UK welfare benefit system – to an even greater extent than those who are legally here on work visas! This is a result of a literal reading of certain Articles (well past their sell-by date) in the UN Refugee Convention (last updated in 1967); which should no longer be applicable, given the huge financial burden such massive refugee numbers are now placing upon our economy. Ending this generous system will go a long way to ending a major "pull factor" which is bringing many of them here. We show how.
As we mentioned in our article on Britain's Confetti Citizenship "Indefinite Leave to Remain" (ILR) is currently available to legal immigrants, who arrive on work and family visas, after only 5 years' residence. Prior to being granted ILR, legal immigrants do not have full access to the British welfare system.
However, being granted ILR confers basically all the welfare benefits of the British State if you need them, including the right to apply for "Citizenship" after a further year.
This very generous policy is a huge "pull factor" for legal immigrants to the UK.
We have proposed that it should be abolished, and such complete access to the welfare system should be prohibited. This will lower the numbers coming in.
If the government won't abolish ILR outright, then it should, at least, ensure that longer residence is required before such generous benefits are conferred. Say, at least 15 or 20 years.
As for "Citizenship" – we say that should be available after a generation, 25 years.
REFUGEES DON'T EVEN NEED TO WAIT 5 YEARS!
However, what many people don't know is that the benefits which are available to legal immigrants (via ILR) after 5 years' residence, are automatically made available to people who acquire "Refugee Status".
As soon as their asylum claim is accepted as "genuine" and they are given "Refugee Status" (aka "Refugee Leave to Remain") then they will automatically get what the legal work visa immigrants don't get until they've been here for 5 years.
Then, after 5 years, the Refugees can also apply for ILR, but it won't give them much more than they already enjoy; except the right for their children to become British citizens and the right to apply for British Citizenship after one further year.
Ironically, this means that if you are a foreigner, and you want full access to the jobs market, and full access to the benefit system, then you will acquire these privileges a lot faster if you successfully apply for Refugee Status, than if you come in legally on a work visa!
This incredibly generous provision is, undoubtedly, a big reason for so many "asylum seekers" coming to the UK.
And just to recap the terminology: An asylum-seeker is someone who is claiming Refugee Status. A refugee is someone who has been granted it. The people coming across the Channel are "asylum seekers" hoping to be granted "Refugee Status".
Asylum seekers are not allowed to work, and do not have full access to the benefit system, although they do get limited "asylum support".
If their claim to be "persecuted" is accepted, and they are given "Refugee Status" then all the welfare benefits of the British State will be opened to them, on the same basis as if they were British nationals!
That is, once a person has been given Refugee Status then (unlike immigrants on work, study or family visas) they will be able to apply and work in any job, in any profession or skill level. If they have no skills, they can apply for any benefits they need. They can access all social security benefits, including Universal Credit, Disability Benefits, Pension Credit, access to Social Housing, Housing Benefits, full access to the NHS without having to pay the "NHS Surcharge" which legal immigrants on work, family or study visas must pay; and they'll be eligible for student loans and grants. They can also bring in immediate family members such as spouse and children under 18, under the "Family Reunion" Scheme.
How on earth have we got to the situation where you'll get full access to the benefits system quicker as a Refugee than as a legal immigrant with a work visa!
Why are Refugees given the same rights to the benefit system as British citizens? Why are they given these benefits even when other legal immigrants have to wait 5 years?
THE UN REFUGEE CONVENTION (and OUR GOVERNMENT) is TO BLAME!
The answer is because the British Government has chosen to interpret Articles 23 and 24 of the UN Refugee Convention literally. (1)
They have chosen to do so to the great financial advantage of the Refugees, and at the huge expense of the British Taxpayers!
Article 23 of the UN Refugee Convention states (our emphases):
PUBLIC RELIEF
The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.
and Article 24
LABOUR LEGISLATION AND SOCIAL SECURITY
1. The Contracting States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters:
(a) In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities: remuneration, including family allowances where these form part of remuneration, hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age of employment, apprenticeship and training, women’s work and the work of young persons, and the enjoyment of the benefits of collective bargaining;
(b) Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme), subject to the following limitations:
(i) There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition;
(ii) National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds, and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension.
This economic generosity maybe seemed possible back in the 1960s and 1970s when the numbers of Refugees to the UK were miniscule (the Convention was last updated in 1967), but it is now absolutely unsustainable, and indeed an absurdity on its face!
For example in 1978 there were 400 (four hundred) refugees granted asylum in the UK! (2) Today, more than that can come across the Channel in one day.
In 2024 there were 30,115 grants of asylum. This figure is for the main applicants, and does not include their dependents. See the table below. (3)
Enabling refugees to enjoy "the same treatment as is accorded to nationals" clearly represents a serious "pull factor" for people to cross the Channel to make asylum claims, as well as a massive and unsustainable expense for the rest of us!
HERE'S WHAT WE PROPOSE: We have to end the Pull Factors!
1. Disapply Articles 23 and 24 of the UN Refugee Convention
Firstly, we propose that Articles 23 and 24 are disapplied in UK Law.
We simply cannot afford to take these UN Articles literally anymore!
No doubt the UN will have something to say about that. However, it is open to a sovereign UK government to over-ride any Convention clause. (4)
This may or may not require the UK to leave the UN Refugee Convention. We should certainly be prepared to leave if necessary.
We should not be treating a Refugee in a more beneficial way than a legal immigrant on a Work Visa. They should all be treated the same.
2. Abolish "Indefinite Leave to Remain" for everyone, and replace with "Contingent Leave to Remain"
Secondly – as we mentioned in the article on "Indefinite Leave to Remain" we propose abolishing the concept of ILR.
In future, every immigrant in the UK – whether entering legally on a visa, or in this case, someone granted Refugee Status – should be considered to be here on a "contingent" basis; contingent on the specific requirements of their visa (in this case, a "Refugee Visa") and contingent on them looking after themselves.
If you are granted Refugee Status, then you will get "Contingent Refugee Leave to Remain". This will be a form of "temporary" status, and will remain temporary until you become a British Citizen.
It is contingent upon you obeying the rules. It is contingent on your country remaining unsafe. It is contingent upon you looking after yourself and paying your way. When your country becomes safe again, then you will have to leave. If you cannot pay your way, you will have to leave.
Unlike ILR, full access to the benefits system will be prohibited for all immigrants.
If you find this too problematic, or unsatisfactory, then you are, of course, free to leave of your own accord, whenever you want, as you are at present.
There should be no access to all the State Benefits until the person becomes a British Citizen. Again, this is how most people instinctively presume the system works.
This means an official Refugee will not be treated any differently to any other immigrant who has come here legally to work. That is, the Refugee will be allowed to work, but their status will not confer full access to all benefits.
For example, the Refugee will not have access to social housing or housing benefits. The Refugee will be required to pay a surcharge to access the NHS, just like immigrants on other forms of visas have to do today.
3. Citizenship only after 25 Years (if at all)
British Citizenship should only be allowed after 25 years of unbroken, legal, contingent residence in the UK, whether for people who arrived legally under various visas, or for people who originally arrived as asylum seekers. However, we acknowledge that there is also a compelling argument that there should be absolutely no "pathway to citizenship" via an asylum application.
Now, that is the ideal.
A less radical option: If this is considered to be too radical, then at least we should disapply Articles 23 and 24 of the UN Refugee Convention; establish "Contingent Refugee Leave"; but continue to allow ILR after a certain number of years residence. As we said at the start of this article – if we don't abolish it entirely then we should, at least, change it from the current 5 years, to at least 15 years or more. Only when you get ILR – regardless of the nature of your Visa, including Refugee Status – will you get full access to benefits; again with British Citizenship available after 25 years.
The situation at the moment, where someone granted "Refugee Status" is immediately given full access to all the benefits of the British State – virtually on the same basis as British citizens – is ridiculously generous, hugely expensive, totally out of date, absolutely unsustainable and, above all, a massive "pull factor" for boatloads of 10s of thousands of bogus asylum seekers to come into the country every year.
It has to stop!
If we end this "Refugee Benefits" pull factor then:
1. It would ensure there was a massive decrease in the numbers seeking asylum, since many only do so because they aim to achieve Refugee Status and live off the benefit system.
2. It would encourage remigration, because many Asylum Seekers and Refugees would leave the UK when they saw their benefits fading away.
3. This would save us a lot of money!
4. It would help to ensure Social Housing for indigenous people.
5. Rent would be lower. House prices might fall. Wages could increase. Waiting lists could fall. Traffic could decrease. Crime would fall.
6. It might even make British people more supportive of the asylum system!
The Table is from page 35 of House of Commons Library, "Asylum Statistics", 4 March 2025. Figures are main applicants only and do not include dependants. The Report can be downloaded as a PDF here:
REFERENCES
1. UN Convention on the Status of Refugees here.
2. Alistair McConnachie, Is the World 52 Times more Dangerous than 1979? 10-2-24.
3. Georgina Sturge, House of Commons Library Research Briefing, Asylum Statistics, 4 March 2025, at p35 downloadable as a PDF here.
4. In a conflict between British statute law created by Parliament, and the Refugee Convention then the doctrine of parliamentary sovereignty ensures that British statute law will prevail, as per the case law R (on the application of Pepushi) v Crown Prosecution Service (2004), EWHC 798 (Admin); and discussed by Gina Clayton, Textbook on Immigration and Asylum Law, (Oxford: Oxford University Press, 2006) at 394 and 484.
For more articles on this subject see our Territorial Sovereignty: Article Index
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