Seeking Refuge? - Rights of Women

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Successful applications: an explanation
of leave to remain in the UK
Introduction
If you have been successful in your application for
protection in the UK, you will be given a form of
leave to remain in the UK. The type of leave that
you get and the rights that you have, for example,
whether you can work or have family members
come and join you, will depend on the type of
your case and when your application was decided.
This Chapter will describe the different types of
leave, so that you know what your rights are.
Leave to remain in the UK is permission,
from the Home Office, to live in the UK. There
are many different types of leave to remain.
Some are for particular amounts of time, such
as five years, while others allow you to remain
in the UK for the rest of your life. Different
types of leave have different rights that go with
them. You need to know what type of leave
you have and for how long, so that you know
what your rights are.
This Chapter will explain:
• Refugee Leave
• Humanitarian Protection
• Discretionary Leave
• Indefinite Leave to Remain
• Temporary Protection
For information about the law that determines
who is entitled to which form of leave, see
Chapter 2.
The law discussed here is very complicated.
This Chapter is written to give you
information about the law, but it is not legal
advice. If you have applied for protection in
the UK, or are thinking about doing this, it is
very important that you seek legal advice
from a solicitor or immigration advisor. You
can also contact Rights of Women’s legal
advice line. See Chapter 12 at the end of this
book for information about organisations
that provide legal advice.
Refugee Leave
Refugee Leave (formerly Refugee Status) is given
for five years to those who are recognised as
refugees under the Refugee Convention. If you
have Refugee Leave, you have the right to work
and claim housing support and welfare benefits.
Anyone who was dependent on your claim, such
as your husband or children, will also usually be
given Refugee Leave. Certain members of your
family who are not in the UK, such as children or
your husband, can apply for family reunion to
come and join you.
Family reunion is the ability to be reunited
with certain members of your family. This only
applies to people who were members of your
family before you were forced to leave your
country. Family members who are eligible for
family reunion are your husband, civil partner
and any children you have who are under 18.
Other members of your family, for example,
your elderly parents, may be allowed to come
to the UK if there are strong, compassionate
reasons.
If you have Refugee Leave you are entitled to
make an application to the UK Border Agency 21
for a refugee travel document which will enable
you to travel to other countries. You may go
anywhere you would like to with the travel
document except your own country. If you do
obtain a refugee travel document and you want
to travel abroad, you will need to check with that
country’s embassy as you may need a visa to
travel there. For further information about
applying for travel documents, talk to your legal
advisor, or visit the UK Border Agency website at:
www.ukba.homeoffice.gov.uk/ukresidency/
traveldocuments/.
21
It used to be called the Border and Immigration Agency (the BIA) and before that the Immigration and Nationality Directorate
(the IND).
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