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Asylum and immigration
What is immigration status?
Everyone in the UK has an immigration status. You are either
subject to, or not subject to immigration control.
People not subject to immigration control
If you are a national of another country you may lawfully live,
work or settle in the UK, only if you have been given permission to
do so by the Immigration and Nationality Directorate (IND). The
type of permission you have been given affects whether you are
eligible to claim benefits and receive help as a homeless person.
In addition all applicants need to pass a habitual residents
test.
People subject to immigration control
You are subject to immigration control if you are a national of
a country other than those within the European Economic Area. This
means that you may lawfully live/work/settle in the UK only if you
have been given written permission to do so by the Immigration and
Nationality Directorate (IND). Written permission is signified by
an endorsement in your passport and is known as Leave to Enter or
Remain.
European Economic Area countries are:
- Austria;
- Belgium;
- Cyprus;
- Denmark;
- Finland;
- France;
- Germany;
- Netherlands;
- Iceland;
- Ireland;
- Italy;
- Liechtenstein;
- Luxembourg;
- Malta;
- Greece;
- Norway;
- Portugal;
- Spain;
- Sweden;
- United Kingdom.
Those who have joined since the 1 April 2004 are known as the
Accession States or A8 countries
These are:
- Czech Republic;
- Estonia;
- Hungary;
- Latvia;
- Lithuania;
- Poland;
- Slovakia;
- Slovenia.
These countries come under different rules for claiming
benefits – seek specialist advice
Bulgaria and Romania have joined since 1 January 2007.
What is the habitual residence test?
The habitual residence test defines whether or not a person is
habitually resident in the Common Travel Area; i.e. the UK, the
Republic of Ireland, the Isle of Man and the Channel Islands. It
also helps determine entitlement to income support, job seekers
allowance, housing benefit, etc.
The test considers various factors:
- whether your residence in the UK is of a voluntary and settled
nature;
- the length, and continuity of your residence;
- your employment prospects;
- your reasons/intentions for coming to the UK;
- your future intentions.
Who is an asylum seeker?
An asylum seeker is a person who is subject to immigration
control and has applied to the Immigration and Nationality
Directorate (IND) for recognition as a refugee.
As an asylum seeker you are allowed to remain in the UK lawfully
until your application and any right of appeal have been heard.
Support for asylum seekers
Since 3 April 2000, instead of being able to claim benefits,
asylum seekers awaiting decisions receive support from the Home
Office’s National Asylum Support Service (NASS).
If you have nowhere else to stay, accommodation is provided on a
"no choice" basis in cluster areas around the country. Asylum
seekers have no recourse to public funds until their status has
been determined and this means that they are unable to claim
benefits or tax credits and are unable to work.
Successful asylum seekers once granted refugee status or
exceptional leave to remain can get support from NASS for 28 days
after the decision. This covers the time taken to find employment
or claim social security benefits. They will be issued with a SAL1
which states the date that NASS support ends and this has to be
submitted with any claims for benefit.
The Refugee Arrivals Project
The Refugee Arrivals Project (RAP) is funded by the Home
Office’s National Asylum Support Service (NASS) to help asylum
seekers at a local level. It will:
- arrange emergency accommodation until dispersal;
- provide subsistence where necessary;
- help you complete your application to NASS for assistance;
- provide interpreters and transport if needed;
- newly arrived asylum seekers needing advice about the NASS
support system will be referred to RAP.
Who is a refugee?
A refugee is a person who has been granted political asylum in
the UK by the Immigration and Nationality Directorate (IND) because
of a well-founded fear of persecution in that person’s home country
as a consequence of race, religion, nationality etc.
Who is an illegal entrant?
An illegal entrant is a person who entered the UK by evading the
immigration controls or has unlawfully entered the UK in breach of
a deportation order or immigration law.
What is deportation?
Deportation means removing a person from the UK and barring them
from returning while a deportation order exists.
Deportation action is taken against those who have entered the
UK lawfully, but fail to stick to the conditions upon which they
were admitted.
Who is an overstayer?
An overstayer is someone who is no longer lawfully allowed to
remain in the UK. This can be someone who has overstayed their visa
and its conditions.
What is exceptional leave to remain?
This is permission to stay in the UK, granted prior to 1 April
2003, for a person to remain in the UK for a set time. It is
usually applied when an asylum seeker has been refused full refugee
status but has otherwise been allowed to stay.
What is humanitarian protection?
This will have been granted after 1 April 2003 to anyone who
faces a serious risk to life or person if they returned to their
home country. It is usually granted for an initial three-year
period after which it is reviewed to see whether the need for
protection still exists.
What is discretionary leave to remain?
This is a period of leave to remain in the UK given to a person
who has not been given asylum or humanitarian protection, but still
has compelling reasons to remain here.
What is indefinite leave to remain?
Indefinite leave to remain, or settled status, is when you have
been granted leave to remain in the UK but are not subject under
immigration law to any conditions or restrictions on your period of
stay.
Who is a sponsored person?
This is someone who has been given indefinite leave to enter or
remain in the UK on the undertaking given by another person that
they will be responsible for the costs of the sponsored person's
maintenance and accommodation.
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