In this article, we will highlight the key changes people in the asylum system will experience to their immigration status as a result of the Nationalities and Borders Act that received Royal Assent on 28 April 2022.
The new rules will only apply to people who have lodged an asylum application on or after 28June 2022.
Changes introduced by the Act are:
- The creation of two groups of refugees based on how they entered the country.
- Differential treatment will apply to Group 1 and Group 2 refugees, which will affect:
- The status and leave to remain they will receive
- The settlement route available to them
- Family reunification rights
- Access to public funds
- The introduction of temporary refugee permission to stay.
- The downgrading of the leave associated with the humanitarian protection status with the introduction of temporary humanitarian permission to stay.
- An expanded definition of “inadmissible asylum claims” and a limitation on the support a person with such a claim can receive.
What is the position for a person who claimed asylum before 28 June 2022?
Under the transitional arrangements, if a person made an asylum application before 28 June 2022, and is granted refugee status or humanitarian protection status, they will have:
- 5 years leave to remain in the UK, with permission to work and study, and access to the NHS and public funds (benefits and local authority housing assistance).
- Right to seekfamily reunion
- Right to apply for Indefinite Leave to Remain (ILR) at the end of the five-year period
In the Home Office guidancePermission to stay on a protection route for asylum claims lodged on or after 28 June 2022, the Home Office clarified the transitional arrangements for claims made before 28 June.
The guidance states:
“...individuals who sought to register an asylum claim before the commencement date of 28 June 2022 but were provided with an appointment to attend a designated place to register their asylum application on or after 28 June will be considered to have ‘made an asylum claim’ before the commencement date but only if they attend their scheduled appointment”
What is the position for a person who claimed asylum on or after 28 June 2022?
The Act creates two groups of refugees based on their means of entry into the UK. Once a person's asylum claim has been considered and they have been accepted as being a refugee, the Home Office will specify whether they are a Group 1 or Group 2 refugee.
To be considered a Group 1 refugee, a person seeking asylum has to:
- come to the United Kingdom directly from a country or territory where their life or freedom was threatened (in the sense of Article 1 of the Refugee Convention), and
- present themselves without delay to the authorities.
Whilst a person will be considered a Group 2 refugee if:
- Their entry in the country is consider unlawful (this would for instance apply to people coming to the UK across the English Channel).
A Group 1 refugee will receive:
- Leave to remain for a minimum of 5 years
- Settlement protection route: they will be able to apply for Indefinite Leave to Remain after the initial 5 years.
- Family reunification rights
- Access to public funds
- Right to work
A Group 2 refugee will:
- Receive temporary refugee permission to stay for a minimum of 30 months which will be renewable.
- Not have a defined route to settlement. In fact, they will not be able to apply for Indefinite Leave to Remain (ILR) unless they meet the 10-year long-residence requirements.
- Have restricted family reunion rights
- They could have the NRPF condition imposed on them, unless in cases of destitution or for unaccompanied asylum-seeking children (UASC).
- Have the right to work
Group 2 refugees will have to renew their temporary refugee permission to stay three times before being able to apply for Indefinite Leave to Remain after 10 years.See Gov.uk for more information on the long residency rules.
They will only be able to access the family reunion route where there are insurmountable obstacles to continuing family life without family reunification (thus meeting the threshold of Article 8 of the European Convention of Human Rights).
The Home Office guidanceclarifies that all those granted permission to stay on a protection route will be subject to a safe return review which will look at whether there have been any changes since the original permission to stay was granted adding that:
“...In the vast majority of cases, it is likely that a person’s protection needs will remain and that further permission to stay or settlement would be granted on that basis.”
Where an individual on a protection route does not apply for further permission to stay before their current permission expires or does not apply for further permission to stay at all, they become an overstayer and are no longer entitled to the benefits associated with a valid period of permission to stay on a protection route, such as permission to work.
When is an asylum claim declared inadmissible?
The Act introduces broader powers for the Home Secretary to declare an asylum request inadmissible if a claimant was previously present in or had another connection to a safe third country. Connection to a safe third country may include a country where a person previously claimed protection or could reasonably have been expected to claim protection.
Asylum claims which are declared inadmissible will not be considered in the UK if there is also a reasonable prospect of removing the person to a safe third country. The safe third country to which a person may be removed includes both the country that they claimed protection in previously, or indeed had reasonable opportunity to claim protection, or another third country equally capable of considering and deciding their protection claim.
There will not be right of appeal when an asylum claim is declared inadmissible so any challenge will have to be by way of application for judicial review. Readers may wish to refer to Home Office guidance relating to inadmissibility of asylum claims for further information.
What support will be available for people whose asylum application has been declared inadmissible?
Home Office guidance on Ceasing Section 95 Support has been updated to reflect that support will be withdrawn for people whose asylum application has been declared inadmissible and they do not have a child under 18 in their household.
Similarly to failed asylum seekers, they may be “supported under section 4(2) of the Immigration and Asylum Act 1999 if they meet the eligibility criteria.”
For more information, see our Home Office asylum support page.
It is the responsibility of failed asylum seekers to apply for section 4(2) support once their section 95 support is discontinued.
According to the Home Office guidance relating to inadmissibility of asylum claims, if after a reasonable period (the document mentions 6 months) the Home Office has not found a third safe country to remove the person to, their asylum claim will be considered in the UK. They will then be able to transfer back to section 95 asylum support. If their asylum claim is successful, they will be deemed to be a Group 2 refugee.
What will change for people granted humanitarian protection?
Humanitarian protection is granted to people not at risk of serious harm for a specific reason such as their race, religion, or political opinion but instead at risk of indiscriminate violence for no particular reason other than their mere presence in their country of origin (for instance in the case of civil war). Previously, people granted Humanitarian Protection status were granted 5-years leave to remain.
The Act downgrades the humanitarian protection status which will now become temporary humanitarian permission to stay.
People claiming asylum on or after 28 June who are granted temporary humanitarian permission to stay will be treated in the same way as Group 2 refugees, thus receiving 30 months leave. Additionally, they will not be able to apply for ILR unless they meet the 10-year long-residence rule and may not have access to public funds.
Will people granted temporary refugee permission to stay or temporary humanitarian permission be able to access public funds?
The Home Office has not clarified or published guidance in relation to when the No Recourse to Public Funds (NRPF) condition will be attached to a person considered a Group 2 refugee or granted temporary humanitarian permission to stay.
The guidance states:
“temporary refugee permission to stay will normally last for 30 months and may include the right to work, recourse to public funds and family reunion rights limited to that which meet the threshold of Article 8 of the ECHR. The conditions attached to temporary refugee permission to stay may change at a later point."
The Home Office confirmed in its Nationality and Borders Bill: children factsheet and equality impact assessment, that unaccompanied asylum seeking children (UASC) and people at risk of destitution will not be subject to the NRPF condition.
However, it is not clear how this will be determined. It is unlikely that the NRPF condition will be imposed on a person who is exiting asylum support, which is provided to people who are destitute, so there is a question regarding the extent to which the condition will be used when people are initially granted temporary refugee permission.
What do these changes mean for councils?
The Nationalities and Borders Act comes into force at a challenging time for the Home Office, with immigration statistics for the year ending March 2022 showing a record 109,000 people waiting for an initial decision on their asylum application and Home Office detention and return statistics also reporting a continued decline in the number of returns being achieved. Concerns for local authorities will relate both to the welfare and protection of people claiming asylum and the impact on communities if the UK asylum system is not operating effectively.
The reduction in the period of leave granted to Group 2 refugees and people with humanitarian protection, both of whom are likely to have a long-term future in the UK, will present integration challenges. There is also the possibility that the number of people with no recourse to public funds conditions in our communities will increase, if these are to be applied at a future date. As we said in our response to consultation on the New Plan for Immigration, the introduction of a new category of leave that is subject to the NRPF condition, on an immigration route that requires more frequent renewal applications, is highly likely to give rise to more people being in need of local authority intervention to alleviate destitution. We are also concerned by the possibility of more people whose claim has been declared inadmissible falling into destitution while transferring between Section 95 and Section 4(2) support.
To date, local authorities have not had to provide ‘safety-net’ support under Section 17 of the Children Act 1989 or the Care Act 2014 to people exiting the asylum system with refugee leave or humanitarian protection. Without clear guidance from the Home Office about when the NRPF condition will be imposed on people granted temporary refugee permission it is currently unclear to what extent the Nationality and Borders Act will lead to increased pressures on local authorities.
The new system could significantly increase the workload of already stretched Home Office caseworkers whilst not offering clear solution to the increasing number of people waiting for a decision on their asylum claims. With people with no recourse to public funds receiving local authority ‘safety-net’ support for an average time of 1.5 years (families) or 2.5 years (adults with care needs), it is deeply concerning that the administrative burden on the Home Office to make immigration decisions is being increased rather than reduced.
We will continue to work with government to highlight these issues and will provide a further update as soon as more guidance is produced.
From now on, such migrants who have lived in Germany for more than 5 years as of January 1, 2022, have not committed crimes and are well integrated into society can apply for and receive a residence permit in the country for one year.What is the new rules for asylum seekers in UK 2022? ›
The 2022 Act and Part 11 of the Immigration Rules contains the legal framework within which a person granted refugee status in the UK will be provided with permission to stay. A recipient of refugee status will either be granted refugee permission to stay or temporary refugee permission to stay.When can an asylum seeker apply for permission to take up employment? ›
Excluding exceptional circumstances, applications for permission to work by asylum seekers awaiting an initial decision only need to be considered where a decision by the Home Office on their asylum claim is still pending and has been outstanding for more than 12 months.What are the four types of refugees? ›
- Refugees. A refugee is a person who has fled his or her own country and cannot return due to fear of persecution and has been given refugee status. ...
- Migrants. ...
- Asylum seekers. ...
- Internally displaced persons (IDP) ...
- Stateless persons.
A new right of residence offers a fair chance for those who are already well integrated in Germany. The previous practice of repeatedly granting exceptional leave to remain will be discontinued. Subject to certain conditions, refugees can now obtain a permanent right of residence.How long does it take for refugees to get citizenship in Germany? ›
What are the requirements for becoming a naturalized German citizen? To be eligible for naturalization, a person has to have lived legally in Germany for at least eight years and possess the appropriate residence permit.Can asylum seekers get a UK passport? ›
After five years of Refugee Status, you can apply for ILR, and after a year of ILR you can apply for British citizenship.What is the new immigration law in UK? ›
You will not be able to use an EU, EEA or Swiss national ID card to enter the UK from 1 October 2021 unless you: have settled or pre-settled status under the EU Settlement Scheme. applied to the EU Settlement Scheme by 30 June 2021 but have not received a decision yet.How long is asylum granted for UK? ›
If you are granted asylum in the UK you are recognised as a refugee under the 1951 Refugee Convention and are allowed to remain in the UK for 5 years (limited leave to remain).How long does it take to be approved as a refugee? ›
Average processing time under two years.
31.7 International Travel
Asylees can travel outside the United States with refugee travel documents. It is essential that the asylee not return to her home country until she has become a U.S. citizen and can travel with a U.S. passport.
How Long Does the Affirmative Asylum Process Take? A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances. For more information about the step-by-step asylum process, see the Affirmative Asylum Process page.What are 5 facts about refugees? ›
- There are 79.5 million people around the world who have been forcibly displaced—the highest figure ever recorded. ...
- About 1% of the world's population is displaced. ...
- 50% of the world's refugees are children. ...
- Developing countries host more than 85% of the world's refugees.
The right to seek asylum was incorporated into international law following the atrocities of World War II. Congress adopted key provisions of the Geneva Refugee Convention (including the international definition of a refugee) into U.S. immigration law when it passed the Refugee Act of 1980.What are 6 types of refugees? ›
- Refugee. ...
- Asylum Seekers. ...
- Internally Displaced Persons. ...
- Stateless Persons. ...
- Religious or Political Affiliation. ...
- War Refugees. ...
If you came to Germany as a refugee and have been issued a residence permit for political or humanitarian reasons, upon fulfilment of certain pre-conditions, you can apply for a permanent residence permit (“Niederlassungerlaubnis”) after 3 or 5 years.Do refugees stay permanently? ›
If you are a refugee, you are required by law to apply for lawful permanent resident status 1 year after being admitted to the United States as a refugee. File Form I-485, Application to Register Permanent Residence or Adjust Status.How long can a refugee stay in Germany? ›
When you have been recognised as entitled to asylum, you will receive a residence permit, which allows you to live in Germany for three years. If the situation in your country of origin does not change within this time, your residence permit will be renewed.Do refugees automatically become citizens? ›
They cannot become a citizen until at least five years have passed after they arrived in the U.S. However, their children often can derive U.S. citizenship immediately once the parent refugee gets citizenship. This means that they do not need to go through the formal naturalization process.Can you get German citizenship in 3 years? ›
Can I apply for German citizenship? Provided certain other conditions are met you have the right to naturalization after you have been legally resident in the Federal Republic of Germany for three years. However you have to have been married for at least two years.
A child can attain German citizenship by being born in Germany even if neither parent is German.Do refugees pay for citizenship UK? ›
There's no fee if you're a refugee, a person with humanitarian protection or their partner or child.How much money do asylum seekers get in UK? ›
You'll get £40.85 for each person in your household. This will help you pay for things you need like food, clothing and toiletries. Your allowance will be loaded onto a debit card (ASPEN card) each week. You'll be able to use the card to get cash from a cash machine.
You might be entitled to benefits like: Universal Credit - if you're unemployed, too ill to work or on a low wage. Pension Credit - if you've reached State Pension age. Housing Benefit - if you need help to pay rent and you've reached State Pension age or you're in temporary or supported housing.When did UK immigration rules change? ›
In its latest Statement of Changes to the Immigration Rules (HC719), published on 18 October 2022, the Home Office has announced various changes to a number of UK immigration routes, as well as the introduction of two new immigration routes.Can you return to UK after being deported? ›
You may be able to return to the UK after you have been deported; this requires an application to stop a deportation order (i.e. revoke your deportation order). Your request to revoke your immigration deportation order must be put in writing and submitted to the Home Office with a clear justification and evidence.Can immigrants get UK citizenship? ›
You can usually apply for ILR after you've lived in the UK for 5 years. To apply for citizenship with ILR you must usually have lived in the UK for 12 months after getting it.Can you go back to your country after asylum UK? ›
You may also be able to obtain a Certificate to Travel if you can show that you have formally and unreasonably been refused a national passport by your home country. Most often, your Certificate of Travel will allow you to travel around the world, with the exception of your home country.Can asylum seeker buy house in UK? ›
A) No, mortgage for Asylum Seekers on a Visa start from a minimum if £25,001. The chances are you've on a Refugee visa this likely to your first home in the UK and as such scrutiny on the deposit will be greater as the proceeds will not be coming from a property sale which is a safest traceable form.Is it hard to get asylum in UK? ›
76% The UK asylum system is strictly controlled and complex. It is very difficult for people seeking asylum to provide the evidence required to be granted protection. Despite these challenges, the majority of asylum claims are successful.
If your claim is accepted…
IRCC or the CBSA may appeal to the Refugee Appeal Division (RAD), or seek leave for judicial review at the Federal Court, within 15 days. If this occurs, you will be notified, and given the opportunity to respond. If you receive a positive decision, you will get "protected person" status.
Need for healthcare: a lot of refugees are tired or exhausted and sometimes distressed when they arrive. They may also be ill due to the unhealthy conditions experienced during their journey. 2. Welfare needs in terms both of protection and a warm meal, a bed, access to a bathroom, new clothes, rest etc.How do you get granted for refugee status? ›
Under United States law, a refugee is someone who: Is located outside of the United States. Is of special humanitarian concern to the United States. Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group.Can asylee bring parents? ›
Unfortunately, asylum seekers are not able to bring family members to the U.S. until after they receive asylum. If you are granted asylum, you may bring qualifying children and your spouse to the United States by filing an I-730 petition.What is the difference between refugee and asylee? ›
Both refugees and asylees must meet this legal standard; the difference is in where they apply for protection. A refugee applies for protection while overseas and enters the United States (U.S.) as a refugee, while an asylee requests protection and is granted asylum within the U.S.Can asylee use passport? ›
In most cases, a refugee or asylee may use the Refugee Travel Document for travel in place of a passport. The Refugee Travel Document is similar in appearance to a U.S. passport. How do I apply for a Refugee Travel Document? To apply for a Refugee Travel Document, file Form I-131, Application for Travel Document.How do I know if my asylum case is approved? ›
If we determine that you are eligible for asylum, you will receive a letter and completed Form I-94, Arrival Departure Record, indicating that you have been granted asylum in the United States.How many asylum claims are rejected? ›
Decisions and refusals
The percentage of asylum applicants refused at initial decision reached its highest point at 88% in 2004. Since then, the refusal rate has been falling overall and was at 28%, its lowest point since 1990.
The federal government grants refugee and asylee status to people who have been persecuted or fear persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Because of their status, refugees' and asylees' permission to work does not expire.Who is called refugee? ›
Refugee. Refugees are persons who are outside their country of origin for reasons of feared persecution, conflict, generalized violence, or other circumstances that have seriously disturbed public order and, as a result, require international protection.
The word refugee comes from French and was first used in the modern context following the revocation of the Edict of Nantes in 1685, which sent the Protestant Huguenots to flee the religious persecution by the French King Louis XIV.Which country has the most refugees? ›
Welcome to UNHCR's Refugee Population Statistics Database.
Responsible persons are those who commit, instigate, aide in the commission of a particular crime, as well as those found to have participated in a joint criminal enterprise. Such persons cannot be invoke the right to family reunification either.Do refugees have rights? ›
They have the same rights as everyone else, plus special or specific protections including: The Universal Declaration of Human Rights (Article 14), which states that everyone has the right to seek and enjoy asylum from persecution in other countries.Can you deport a refugee? ›
Your refugee status can be cancelled, and you can be deported, if you had originally obtained your recognition as a refugee through fraud, forgery, or false or misleading information, or through concealing relevant information.What are the 3 types of refugees? ›
- Refugee. ...
- Asylum Seekers. ...
- Internally Displaced Persons. ...
- Stateless Persons. ...
- Returnees. ...
- Religious or Political Affiliation. ...
- Escaping War. ...
- Discrimination based on Gender/Sexual Orientation.
There are three durable solutions: Voluntary returns in safety and dignity; Local integration; and. Resettlement to another location or country.What is a Group 2 refugee? ›
A Group 2 refugee will: Receive temporary refugee permission to stay for a minimum of 30 months which will be renewable. Not have a defined route to settlement. In fact, they will not be able to apply for Indefinite Leave to Remain (ILR) unless they meet the 10-year long-residence requirements.How long does asylum decision take in Germany? ›
The law does not set a time limit for the BAMF to decide on an application. If no decision has been taken within 6 months, the BAMF has to notify asylum seekers upon request about when the decision is likely to be taken.
In order to be granted asylum, an individual is required to provide evidence demonstrating either that they have suffered persecution on account of a protected ground in the past, and/or that they have a “well-founded fear” of future persecution in their home country.
In order to formally make your application for asylum, you will receive an appointment with the Federal Office through the reception centre or the registration office. For this you have to personally appear at the specified branch of the Federal Office. Each adult has to file his/her own application in person.What are the 5 grounds for asylum? ›
This module provides you with an understanding of the requirements needed to establish that persecution or feared persecution is “on account of” one or more of the five protected grounds in the refugee definition: race, religion, nationality, membership in a particular social group, or political opinion.What are the chances of winning an asylum case? ›
Not good odds. However, in California, Immigration Judges grant over 40% of the asylum cases that come before them.Does Germany still accept refugees 2022? ›
In 2022, around 18 percent of applicants in Germany obtained legal status as refugees. This graph shows the share of decisions about asylum applications in Germany in 2022.What are the 2 types of asylum? ›
Forms of asylum
There are two paths to claim asylum in the U.S. The affirmative asylum process is for individuals who are not in removal proceedings and the defensive asylum process is for individuals who are in removal proceedings.
Be valid for four years (unless it is withdrawn or ceases before that), Be granted to the main file holder as well as all dependents included in that holder's refugee file (these are the dependents listed at the initial application, or who have been successfully added in your file)What is proof of asylum? ›
After being granted asylum in the United States, DHS issues a Form I-94, Arrival/Departure Record, to asylees. Form I-94 will contain a stamp or notation, such as “asylum granted indefinitely” or the appropriate provision of law (8 CFR 274a . 12(a)(5) or INA 208) to show their employment authorization.Can you travel during asylum? ›
A person with refugee or asylum status who wishes to travel outside the United States needs a Refugee Travel Document in order to return to the United States.What happens if asylum is rejected in Germany? ›
Is there any chance I can stay in Germany? If the BAMF rejects your asylum application, you will be asked to leave Germany. Refugees who receive a "simple" rejection ("einfachen Ablehung") have 30 days to depart.Who is eligible for asylum? ›
Who Is Eligible to Apply for Asylum? You may apply for asylum if you are at a port of entry or in the United States. You may apply for asylum regardless of your immigration status and within 1 year of your arrival to the United States. Extraordinary circumstances relating to your delay in filing.
We have seen asylum applications that were rejected merely because a person did not list their foreign address properly. We have also seen asylum applications that were rejected for not providing the required number of copies. Failing to provide sufficient evidence – It is never too late to obtain evidence.