A fresh claim immigration UK submission is one of the most complex and high-stakes steps in the UK asylum and human rights system. It is the route available to people whose original claim was refused and who have exhausted all their appeal rights – but who have new evidence or changed circumstances that were not considered before.
Getting a fresh claim wrong has serious consequences. However, a well-prepared fresh claim with genuinely new evidence can reopen your case and give you a new right of appeal. In this guide, we explain exactly what a fresh claim is, how the legal test works, and how to apply correctly.
What is a fresh claim in UK immigration?
A fresh claim is a formal further submission to the Home Office made after a person’s original asylum or human rights claim has been refused and all appeal rights have been exhausted. It is governed by paragraph 353 of the Immigration Rules.
The purpose of a fresh claim is to allow someone to present new evidence or arguments that were not available or considered during the original claim. If the Home Office accepts the new submission as a fresh claim, the person receives a new right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
However, not every further submission automatically becomes a fresh claim. The Home Office applies a specific legal test to decide whether the new material qualifies. As a result, the quality and relevance of the new evidence is critical.
Who can make a fresh claim?
A fresh claim is available to people who meet all of the following conditions:
- Their original asylum claim, humanitarian protection claim, or human rights claim was refused by the Home Office
- They have exhausted all appeal rights – meaning their appeal was dismissed and they have no further right to appeal or judicial review is not pending
- They have new evidence or changed circumstances that were not considered in their original claim or any previous appeal
- They are still in the UK at the time of making the submission
Therefore, a fresh claim is specifically for people at the end of the immigration process – not an alternative to an appeal that is still available to them. If you still have an outstanding appeal right, you must pursue that route first.
What is the legal test for a fresh claim?
The legal test for a fresh claim comes from paragraph 353 of the Immigration Rules and the leading case of WM (DRC) v Secretary of State for the Home Department [2006]. The Home Office must ask two questions:
Question 1: Is the material genuinely new?
The new submissions must contain material that was not submitted previously and was not considered by the Home Office or the Tribunal in any earlier decision. If the material was already before the decision maker – even if it was not properly considered – it may not qualify as new.
However, case law confirms that material which was available but not previously submitted can still be new for the purposes of paragraph 353 in some circumstances. Therefore, the assessment is not purely mechanical.
Question 2: Does the new material create a realistic prospect of success?
This is the most important part of the test. The new material – taken together with the material already considered – must create a realistic prospect of success before an Immigration Judge. A realistic prospect of success means that a hypothetical Immigration Judge, properly directed, could allow the appeal.
This is a low threshold – it does not mean the appeal is likely to succeed. It simply means there is a realistic possibility that it could. As a result, the Home Office should not set too high a bar at this stage. If both conditions are met, the Home Office must treat the submission as a fresh claim and give the person a new right of appeal.
What counts as new evidence for a fresh claim?
The new evidence must be genuinely capable of making a difference to the outcome of the case. Simply resubmitting old evidence in a new format does not constitute a fresh claim. However, the following types of evidence commonly support fresh claim submissions:
Deteriorating country conditions If the situation in the applicant’s home country has significantly worsened since the original decision – for example, a new conflict, a change of government, or new persecution of a specific group – this can constitute new evidence.
New personal circumstances: Changes in the applicant’s personal circumstances can support a fresh claim. Examples include:
- Converting to a different religion or becoming atheist after the original decision
- Coming out as LGBTQ+ after the original decision
- Entering a relationship with a British citizen or settled person
- Having a child born in the UK
- Developing a serious medical condition that would be untreatable in the home country
New country evidence, New reports from credible sources – including UNHCR, Human Rights Watch, Amnesty International, or expert country guidance – that were not available at the time of the original decision can constitute new evidence.
New witness evidence: Witness statements from people who can corroborate the applicant’s account – and who were not available or did not provide evidence previously – can support a fresh claim.
New expert evidence: Expert reports – from medical professionals, country experts, or psychologists – that were not obtained for the original claim can constitute significant new evidence. For example, a new psychological report diagnosing PTSD linked to the applicant’s experiences may significantly strengthen a previously refused claim.
Errors of law in the original decision If a higher court has subsequently changed the law in a way that directly affects the applicant’s case – for example, a new country guidance determination from the Upper Tribunal – this can support a fresh claim even if the applicant’s personal circumstances have not changed.
How to make a fresh claim immigration UK submission
The process for making a fresh claim requires careful preparation. Here is how to approach it:
Confirm that a fresh claim is the right route
Before making a fresh claim, confirm that:
- Your original claim and all appeals have been finally determined
- You do not have an outstanding judicial review application
- You genuinely have new evidence that was not previously considered
If you still have appeal rights or a judicial review is pending, a fresh claim is not appropriate at this stage. Seek professional advice to confirm your position.
Gather and prepare your new evidence
This is the most important stage. Your new evidence must be:
- Genuinely new – not previously submitted or considered
- Relevant to the reasons your original claim was refused
- Credible and from a reliable source
- Sufficient to create a realistic prospect of success before an Immigration Judge
Take time to gather every piece of new evidence available. In addition, obtain expert reports, updated country information, and witness statements where relevant. A rushed or poorly evidenced fresh claim is unlikely to meet the legal test.
Prepare a detailed covering letter
Your submission must include a detailed covering letter that:
- Explains clearly what new evidence you are submitting
- Explains why this evidence was not submitted previously
- Sets out specifically how the new evidence meets the paragraph 353 test
- Addresses the reasons your original claim was refused
- Argues why the new evidence creates a realistic prospect of success
The covering letter is as important as the evidence itself. The Home Office caseworker reviewing your submission will use it as the framework for their assessment. Therefore, a clear and well-structured letter significantly improves your chances.
Submit your fresh claim to the Home Office
Fresh claim submissions are sent to the Home Office in writing. You should submit:
- Your detailed covering letter
- All new evidence – clearly indexed and paginated
- Copies of all previous decisions – refusal letters, appeal determinations, and any judicial review judgments
- Your full immigration history – current visa status and any conditions
Submit your fresh claim by recorded delivery and keep a copy of everything. In addition, note the date of submission carefully – this is important if the Home Office takes an unreasonably long time to respond.
Await the Home Office decision
The Home Office will review your submission and make one of two decisions:
Accepted as a fresh claim: If the Home Office accepts your submission as a fresh claim, it will then decide whether to grant leave or refuse the claim. If it refuses, you receive a new right of appeal to the First-tier Tribunal. This is a significant outcome – it means your case will be heard by an independent judge.
Rejected as not a fresh claim: If the Home Office decides your submission does not meet the paragraph 353 test, it will reject it as not constituting a fresh claim. In this case, you do not receive a new right of appeal. However, you may be able to challenge this decision by way of judicial review in the Upper Tribunal.
What happens after a fresh claim is accepted?
If the Home Office accepts your submission as a fresh claim and then refuses it on the merits, you receive a new right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This appeal is heard before an Immigration Judge who will consider all the evidence – including your new material – afresh.
Therefore, a successful fresh claim does not automatically mean you will be granted leave to remain. However, it does mean your case gets a new independent hearing. As a result, the quality of your evidence and legal representation at the appeal stage is critical.
What if the Home Office rejects your fresh claim submission?
If the Home Office decides your submission does not constitute a fresh claim under paragraph 353, you can challenge this decision by applying for judicial review in the Upper Tribunal (Immigration and Asylum Chamber). A judicial review challenges the lawfulness of the Home Office’s decision – specifically whether it correctly applied the paragraph 353 test.
Judicial review is a complex and technical legal process. It requires you to demonstrate that the Home Office made a legal error in assessing your submission. As a result, judicial review in fresh claim cases requires specialist legal representation.
In addition, there are strict time limits for applying for judicial review. Therefore, seek professional advice immediately if the Home Office rejects your fresh claim submission.
Fresh claim vs further submissions: what is the difference?
These terms are often used interchangeably. However, there is an important distinction:
- Further submissions is the general term for any new material submitted to the Home Office after a previous refusal, whether or not it meets the fresh claim test
- Fresh claim is the legal status that further submissions acquire if they meet the paragraph 353 test
In other words, you make further submissions, and the Home Office decides whether those submissions constitute a fresh claim. Therefore, when people refer to making a fresh claim, they typically mean submitting further representations with the intention of meeting the paragraph 353 test.
How long does a fresh claim take?
There is no guaranteed processing time for fresh claim submissions. The Home Office does not publish official targets for fresh claim decisions. In practice, decisions can take anywhere from a few weeks to several months or longer – particularly in complex cases or during periods of high demand.
However, if the Home Office takes an unreasonably long time to respond, it may be possible to apply for judicial review to compel a decision. Seek professional advice if your fresh claim has been outstanding for an extended period without a decision.
Fresh claims and Article 8: the right to family life
Many fresh claims involve Article 8 of the European Convention on Human Rights – the right to respect for private and family life. This is particularly relevant where:
- The applicant has established a genuine family life in the UK since their original claim – for example, by having a child born in the UK or marrying a British citizen
- The applicant has developed deep private life ties in the UK – long residence, employment, community involvement, or exceptional contributions
- The applicant has a dependent child in the UK whose best interests would be seriously affected by removal
Article 8 claims require careful balancing of the public interest in immigration control against the applicant’s right to family and private life. The strength of your Article 8 case depends heavily on the specific facts and the quality of the evidence. Therefore, professional advice is essential.
For more information on human rights immigration cases, read our guide on human rights immigration UK.
How LawSentis can help with your fresh claim immigration UK application
LawSentis is regulated by the Immigration Advice Authority (IAA) at Level 3 – the highest level of authorisation in the UK. We advise individuals and families on fresh claim submissions across all types of asylum, protection, and human rights cases.
Our team can:
- Review your immigration history and previous decisions to assess whether a fresh claim is viable
- Identify what new evidence is available and how to obtain it
- Prepare a detailed, legally structured fresh claim submission
- Draft your covering letter setting out the paragraph 353 arguments clearly
- Advise on judicial review if the Home Office rejects your submission
- Represent you at the appeal stage if the fresh claim is accepted and then refused
Fresh claim cases are among the most sensitive and high-stakes matters in immigration law. The consequences of getting it wrong – including removal from the UK – are severe. Therefore, professional advice is not optional in these cases.
Book a consultation with LawSentis today. We will review your case and advise on the strongest possible fresh claim strategy for your situation.
In addition, if you are considering applying for asylum for the first time, read our guide on how to claim asylum in the UK.
Frequently asked questions
What is a fresh claim in UK immigration?
A fresh claim is a further submission to the Home Office made after a person’s asylum or human rights claim has been refused and all appeal rights have been exhausted. If the submission meets the legal test under paragraph 353 of the Immigration Rules, the person receives a new right of appeal.
What is the legal test for a fresh claim?
The Home Office applies a two-part test from paragraph 353 of the Immigration Rules. First, the material must be genuinely new. Second, the new material – taken together with what was previously considered – must create a realistic prospect of success before an Immigration Judge.
What counts as new evidence for a fresh claim?
New evidence can include deteriorating country conditions, new personal circumstances such as conversion to a religion or coming out as LGBTQ+, new expert reports, new witness statements, updated country information from credible sources, or changes in case law that affect the applicant’s situation.
What happens if the Home Office accepts my fresh claim?
If the Home Office accepts your submission as a fresh claim and then refuses it on the merits, you receive a new right of appeal to the First-tier Tribunal. An Immigration Judge will then hear your case independently and consider all the evidence.
What happens if the Home Office rejects my fresh claim submission?
If the Home Office decides your submission does not constitute a fresh claim under paragraph 353, you may be able to challenge this decision by judicial review in the Upper Tribunal. Strict time limits apply. Seek professional advice immediately.
Can I make a fresh claim based on Article 8 right to family life?
Yes. A fresh claim can be based on Article 8 – particularly if you have established significant family or private life ties in the UK since your original claim was decided. The strength of the claim depends on the specific facts and evidence in your case.
How long does a fresh claim take to be decided?
There is no official processing time. Decisions can take weeks or months. If the Home Office takes an unreasonably long time, judicial review may be available to compel a decision.
Can I work while my fresh claim is being considered?
As of March 2026, if you have been waiting more than 12 months for a decision on your fresh claim, and the delay is not your fault, you may apply for permission to work. If granted, you will be restricted to roles listed in Appendix Skilled Occupations at RQF Level 6 (degree-level roles) or above.
Do I need a lawyer to make a fresh claim?
You are not legally required to use a lawyer. However, fresh claims are among the most technically complex submissions in the immigration system. The stakes – including the risk of removal – are extremely high. Professional representation by an IAA-regulated adviser significantly improves your chances of success.
Note:
This article is for general information only. Immigration rules change frequently. Always seek advice from an IAA-regulated immigration adviser before making any application.
LawSentis is regulated by the Immigration Advice Authority (IAA) at Level 3. Contact us for professional advice.