Refugee Settlement Applications - Procedure announced

Wednesday, 21 July 2010 08:07

The UKBA has now set out what those refugees granted 5 years limited after 30th August 2005 need to do to get indefinite leave to remain (settlement).  This is set out on the UKBA website.

Refugees and those with Humanitarian Protection (HP) granted after that date may make a free application no earlier than 28 days before their permission to remain ends, using a new form 'SET(Protection Route)'.  This can be downloaded from there, or requested by phoning the UKBA. The form is not compulsory and applications can be lodged in writing - though this might lead to delays. You should follow the direct link above - as at 21st July the form finder on the UKBA website settlement section has not been updated.

Applications should be accompanied by the original immigration status document.  Dependants - including those born since status was granted - should be listed on the same form.  There is no fee.

Refugees and those with HP will not need to pass the Life in the UK Test or ESOL with citizenship, though this remains a requirement if they go on to get British Citizenship at a later date.

Applicants should have a continuing need for protection - although we would guess that the UKBA will be not be looking at this in depth because they have said that most applications will be processed quickly.  However, if a refugee has done something that might trigger the 'cessation' clause of the Convention, or something that might endanger their status, we would reccomend they take legal advice.  This would include:

- obtaining a passport from their own country after refugee status was granted

- travelling to their own country

- obtaining residence or nationality outside the UK.

- committing a criminal offence

- using deception with UKBA

- where the Minister has announced a change for a particular country to declare it is safe for all or certain classes of aplicants (no such announcements are known); and

- posibly late applications may be given more detailed attention.

The information from UKBA says that they will be writing to refugees at their last known address to remind them to apply - although it is likely that very few will be at the same address.