Cagin Husnu of Kangs Solicitors explains the new settlement policy the Home Office has issued with regard to refugees granted leave to remain in the UK.
Can I Claim To Be A Refugee? | Kangs Advisory Solicitors
Anyone can be recognised as a refugee if they had no option other than to flee their country of origin due to war, fear of persecution or to escape a natural disaster.
If the application for asylum is successful, the applicant will be recognised as a refugee by the Home Office and given Leave to Remain in the UK for a period of five years.
What Was The Old Policy? | Kangs Immigration Team
Prior to March 2017, when the new policy was implemented, when seeking asylum, refugees, when applying for ILR, simply had to confirm that there remained a risk of persecution should they be returned to their country of origin and that they continued to rely upon the facts set out in their initial asylum claim.
In most cases this would automatically lead to ILR and, subsequently, citizenship.
What Is The New Policy? | Kangs Advisory Team
Since March 2017, the ‘Safe-Returns Policy’ has become effective, ILR is more difficult to obtain and, accordingly, applications are now more complex.
The Safe-Returns policy, also known as cessation, enables the Home Office to consider whether there has been a ‘significant and non-temporary’ change in the country from which the applicant fled and whether any form of persecution, which would continue to endanger the applicant, still exists.
It is for the applicant to prove the continuance of a threat probably by the production of evidence such as case-law, newspaper articles and government publications.
How Can I Apply For ILR? | Kangs Immigration Solicitors
At the end of the five year period referred to above, the refugee must apply for ILR, by submitting the SET(P) form.
The applicant must be present in the UK when the application is made.
If the application is not made within the five year period, the applicant may be regarded by the Home Office as an ‘Overstayer’ which can affect access to benefits and employment.
Having received the SET(P) form, the Home Office will require the applicant (and any dependants) to attend an approved venue to enable their biometric data i.e. fingerprints and photographs to be recorded.
How Can We Help? | Kangs Immigration Solicitors
If you are a refugee and seeking immigration assistance of any nature, we are here to help you and please do not hesitate to contact our team through either of the following: