Immigration Corner | Applying for permission to stay in the UK as a refugee

Dear Mr Bassie,

I would like to know if it is possible to obtain permission to stay in the United Kingdom if entering as a refugee. I look forward to your response.

BF

Dear BF,

Persons may be able to apply for indefinite leave to remain (ILR) if they have:

• Protection status, that is permission to stay as a refugee or person with humanitarian protection;

• Discretionary Leave; or

• Leave under Section 67 of the Immigration Act. This refers to unaccompanied refugee children from other countries in Europe.

Indefinite leave to remain refers to how persons settle in the United Kingdom (UK). It is also called ‘settlement’. It gives those persons the right to live, work and study there for as long as they like and apply for benefits if they are eligible. They can also use it to apply for British citizenship.

Family members

Please note that family members may also be able to apply. If they have Section 67 leave, they can only include their children in the application. If they want other family members to join them in the UK, they will need to apply for a family visa.

Partners and children in the uk

If partners and children are already in the UK as dependents, they can apply to stay in the UK with the person who has ILR, if they are eligible. This includes children born in the UK. If the application is successful, the family members will usually have permission to stay in the UK for the same length of time as the sponsor.

partners and children outside the uk

Persons family members may be able to apply to be reunited with them in the UK if their family was formed before they fled their country of origin.

Those who formed their family after they left, those persons must first apply for a visa to join them in the UK. This also applies if they are not eligible to apply as their partner or child.

If caring for an adult relative

Please be aware that an adult dependent relative can apply if all the following are true:

• He/she is over 18 years old;

• He/she has a family visa as an adult dependent relative;

• That person has protection status (permission to stay as a refugee or person with humanitarian protection).

If there is more than one applicant, they must apply separately -- they cannot be included on the sponsor’s application. It is advisable that persons make the applications at the same time. Please be aware that the adult dependent relative’s visa will expire if they are granted ILR.

FEES

There is no fee for those persons who have protection status or Section 67 leave. This will also apply to that person’s partner or child.

If persons have Discretionary Leave, it costs £2,885 for that person and each other person that is included in their application. Please note that they will each need to have their biometric information (fingerprints and a photo) taken and that there is no fee for this.

RECEIVING A DECISION

After applying, persons will usually get a decision within six months. Those who have Discretionary Leave and have paid to use the ‘super priority service’ will get a decision within two working days. Working days are Monday to Friday, not including bank holidays.

Please be aware that persons cannot use the super priority service if they have protection status or Section 67 Leave.

They must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until they get a decision. If they do, the application will be withdrawn.

The applicant will be contacted if their application is complex and will take longer, for example:

• If supporting documents need to be verified;

• If the person needs to attend an interview; because of their personal circumstances, for example, if you have a criminal conviction.

If the application is approved, persons can do the following:

• Work;

• Run a business;

• Study;

• Use public services, such as healthcare and schools;

• Apply for public funds (benefits) and pensions;

• Apply for British citizenship, usually after a minimum of 12 months.

TRAVELLING OUTSIDE THE UK

With respect to travelling, persons can travel outside the UK using a Home Office travel document. However, persons can lose their indefinite leave to remain if they travel back to the country they sought asylum from or stay outside the UK for more than two years . Those persons may need to apply before they can return to the UK.

IF THE APPLICATION FOR INDEFINITE LEAVE TO REMAIN IS REFUSED

Those persons who have protection status or Discretionary Leave, might still be able to stay in the UK. The applicant’s decision letter will explain what they have been offered instead of indefinite leave to remain.

Please note that those persons who have Section 67 leave will need to apply for another form of leave, for example, a visa, to stay in the UK.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com