Immigration and asylum legislation in the UK has changed due to the Nationality and Borders Act 2022. The Act makes a distinction between individuals who filed a protection claim before the Act’s start date of 28th June 2022, and those who filed a claim after that date (cut-off date).
Prior to the passage of the new Act, all successful applications for asylum or humanitarian protection resulted in the grant of 5 years leave to remain on what is known as the “protection route”. Those who received leave under this route could then apply for settlement upon the completion of five years leave.
The date the protection claim is filed is crucial under the new Immigration Rules. Individuals who have been granted refugee or humanitarian protection status will continue to receive five-years leave to remain and will be eligible for settlement if the protection application was submitted before the cut-off date.
After this date, individuals who are granted humanitarian protection will be given “temporary humanitarian permission to stay” for 30 months. They will only be qualified to submit a settlement application once they completed 10 years and meet the requirements under the long residence rules.
The position of those who made their claim after the cut-off date and who are subsequently granted refugee status is more complicated. The 2022 Act introduced two groups of refugees; each group may be provided with a different form of permission to stay.
Those who are determined to be “Group 1 refugees” will be granted “refugee permission to stay”. This means, they will continue to be granted 5 years leave and will become eligible for settlement upon the completion of 5 years under the protection route. They will have the right to work, recourse to public funds and access to family reunion.
Those who the Home Office determine to be “Group 2 refugees” will be granted “temporary refugee permission to stay”. These applicants will be granted leave to remain for 30 months and will be eligible for settlement after 10 years residence in the UK (under the long residence rules). They may be granted 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.
As part of consideration of each application for further permission to stay, the Home Office will assess whether there is a continuing need for protection in the UK via a safe return review.
Applications will continue to be made online and biometrics must be enrolled to ensure the application is valid.