I have two clients, both unsuccessful asylum seekers, the first who has put in a fresh application for leave to remain based on human rights grounds; and the second who has put in an application based on marriage to someone with ELR. Are either of these clients eligible for support - whether from local authorities or NASS - because they have an application lodged at the Home Office? Or does their immigration status while the Home Office considers their application remain the same - ie unsuccessful asylum seekers - and therefore they have no access to any kind of support?

Any help would be greatly appreciated.

some thoughts -

eligibility for asylum support of course depends on the person pursuing an asylum application .... but i think the first person may still fall within the definition?

the Immigration and Asylum Act 1999 that introduced the asylum suport system defined a "claim for asylum" for support purposes as -

'a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention, or under Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom'