This Trans Day of Visibility, we want to celebrate and uplift trans and non-binary members of our community, while highlighting the barriers and challenges faced by trans people seeking safety in the UK. At Rainbow Migration, we provide legal advice and practical and emotional support to trans people seeking asylum in the UK, and run a trans support group.
Transphobia as a colonial export
As we have highlighted in previous blogs, many trans people fleeing persecution in the UK come from countries where transphobic attitudes were instilled by colonialism. Despite the predominant Western narrative of gender identity as fixed and binary, many cultures have been historically welcoming to people we would now categorise as transgender or non-binary.
For instance, during the Vedic period in India, gender was divided into three categories as far back as 1500 BC. Tritiya-prakriti, or “the third gender,” were protected and seen as bringing good luck and prosperity. This evolved into the hijra identity and culture, who held diverse roles in society including political advisors and military commanders. However, in the 1850s, the British colonial powers saw hijras as a threat to their oppression and attempts to erase local culture, and systematically targeted them. This included brutal murders, separating children from their families and legislation criminalising many aspects of hijra life. Though colonial policies sought to erase them, the hijra community has survived, with approximately 500,000 hijras currently living in India and the “third gender” having been reinstated in Indian law since 2014. However, the scars of colonial persecution remain, with widespread poverty and social discrimination among hijras.
Similarly, many societies in pre-colonial Africa had fluid and accepting attitudes towards gender. For example, the Dagaaba tribe recognises gender as being separate from anatomy, and the Mbuti do not assign children gender until after puberty. The Lugbara viewed okule (who we would now perceive as trans women) and agule (our equivalent of trans men) as mediums to communicate with the spirit world. Again, colonial regimes violently forced rigid gender structures onto the societies they were invading. As trans people had been integral to local spiritual and cultural practices, they were persecuted and criminalised as a direct result of imperialism. Many of these colonial-era laws and prejudices persist, forcing trans people to flee persecution, often to countries like the UK, which originally imposed those laws.
Barriers for trans people seeking asylum in the UK
Trans people seeking sanctuary in the UK face many obstacles, worsened by years of anti-asylum and transphobic rhetoric from successive governments and the media.
Trans people are often housed in unsuitable accommodation where they encounter transphobia and harmful attitudes that they fled. This is exacerbated by Home Office staff often misgendering and deadnaming trans people applying for asylum, causing further emotional distress.
Trans people seeking safety have to “prove” their gender identity, which is something inherently difficult to do. The Nationality and Borders Act, passed in 2022, introduced a higher standard of proof for everyone, which for trans people means they now have to provide even more evidence to prove their gender identity, putting them at greater risk of being returned to the horrific situations they fled. To do so, trans people often feel pressured to express their gender in a cisnormative, heteronormative and Western-centric way which conforms to the Home Office’s rigid expectations and stereotypes.
While the guidance for assessing asylum claims on the basis of sexuality rightfully says to ignore medical tests, as being queer is not a medical disorder, the Home Office prioritises medical and psychological reports as proof of trans identity, rather than lived experience, contributing to the pathologisation of transness. It also again creates an often-impossible standard, as many trans people seeking refuge in the UK are doing so in part because of the inaccessibility of gender affirming healthcare in their countries of origin.
Another common issue, which is dangerous to both physical and mental health, is the struggle to access gender-affirming healthcare such as hormones and other medication. These have to be prescribed by specialist Gender Dysphoria Clinics (GDCs), but with waiting times of up to 8 years, some trans people living in the UK turn to private healthcare providers, which is very expensive. This is not an option for those seeking asylum, as they receive £49.18 a week to cover all living costs, or £8.86 if their accommodation is catered. Although GPs are able to issue bridging prescriptions while someone is on the waitlist for a GDC, most are reluctant to do so, with over 80% refusing when asked. The amount of self-advocacy required to obtain one can often be impossible for trans people seeking safety here, who might have language barriers and are often incredibly distressed and traumatised by the abuse they are fleeing.
Our services
While the barriers for trans people seeking safety in the UK remain significant, there is hope and resilience in our community. At Rainbow Migration, we provide specialised support for trans people in their journey while navigating a complex and often unkind asylum system. For example, last year we helped two trans women to get access to the medication they needed and advocated for someone to be moved to a private room for their safety. We also help with accessing other healthcare services such as trans-specialist mental health support, legal name changes, gender-affirming items like binders, and writing support letters. We also provide emotional and social support, both in one-to-one settings and through our trans support group, which meets every two weeks in London and provides a safe space to build a sense of belonging.