Political asylum: What does UK law say about travelling to one’s home country?

Every year, thousands of people from different countries seek asylum in the United Kingdom, citing political persecution and insecurity.

If their applications are approved, the government initially grants them protection-based leave to remain for five years. Upon completion of this period, they are eligible for Indefinite Leave to Remain (ILR), or permanent residency.

After holding ILR for at least 12 months, they may apply for British citizenship. Once citizenship is granted, they may obtain a British passport, giving them the right to travel abroad freely and to return to the UK at will.

Acting chairman of the Bangladesh Nationalist Party (BNP), Tarique Rahman, was arrested following the political changeover of the 1/11 events in 2007. After his release from prison in 2008, travelled to the United Kingdom with his family for medical treatment. He has been living in London ever since.

It is understood that Tarique Rahman was granted political asylum after arriving in the United Kingdom, although his current immigration status is not publicly known.

Discussions surrounding his possible return to Bangladesh intensified after BNP chairperson Khaleda Zia recently became critically ill. However, the process through which he would return remains unclear.

Prothom Alo spoke to Barrister Monowar Hossain, a specialist in immigration and human rights law in England, to know whether a person granted political asylum in the UK can return to their home country voluntarily or whenever they choose.

He said, “Receiving political asylum means obtaining protection from insecurity in the host country. Therefore, even after securing ILR—permanent residency—if someone returns to their home country, the UK authorities, namely the Home Office, may interpret this as evidence that the individual no longer faces any security risk there. This could jeopardise both their refugee status and their ILR.”

For general migrants, ILR comes with the legal right to travel abroad and return to the UK. However, if they remain outside the United Kingdom for more than two consecutive years, their ILR may be automatically cancelled. In that case, they would need a new visa (a Returning Resident visa) to re-enter.

But for individuals with asylum-based status, the risk is considerably greater, Barrister Monowar Hossain added.

“Travelling to one’s home country directly contradicts the basis of the asylum claim. If the person is able to return to the very country from which they claimed persecution, the UK authorities may conclude that the original grounds for asylum no longer exist. This could open the door for ILR to be revoked. If such a decision is made while the person is still in the UK, they may have a right of appeal. But if their status is revoked while they are abroad, the situation becomes far more serious; they may not be able to return to the UK at all,” the lawyer stated.

Asylum recipients in the United Kingdom are issued a special Refugee Travel Document by the Home Office. Using this document, they may travel to countries around the world, except their country of origin, the country from which they claimed fear of persecution.

If a Bangladeshi national, who has been granted asylum in the UK wishes to travel to Bangladesh, they must use a Bangladeshi passport or a travel permit issued by the government of Bangladesh. However, doing so carries significant legal risks. The UK Home Office may conclude that the individual no longer requires international protection and that no security threat exists in their home country.

As a consequence, their refugee status or humanitarian protection could be cancelled. They also face the risk of losing ILR. In such circumstances, the individual may lose the ability to return to the United Kingdom or may require a new visa or other legal process to do so.

If an individual wishes to renounce British citizenship, a formal application must be submitted to the Home Office. This process typically takes two to three months (8–12 weeks).

Once the application is approved, the Home Office issues a certificate, and the renunciation becomes effective from that date. After renouncing citizenship, the person no longer has an automatic right to reside in the United Kingdom. If they wish to remain, they will require a new visa or immigration permission.