Seeking Refuge? - Rights of Women

Towards the end of your five year period of
Refugee Leave (but not more than 28 days before
it expires or after it has expired), you can apply for
Indefinite Leave to Remain (ILR, see below). It is
important to apply before your leave expires
because, if you do not, you may be subject to
active review, which is a full review of your need
for protection in the UK. This means that the UK
Border Agency will look at all of your
circumstances and the circumstances in your
country to see whether you should still be allowed
to remain here.
Humanitarian Protection
Humanitarian Protection is given for five years to
those who do not qualify for protection under the
Refugee Convention, but have shown that there are
substantial reasons for believing that, if they were
returned to their country, they would face a real risk
of suffering serious harm.
If you have been granted Humanitarian Protection,
you have the right to work and claim housing
support and welfare benefits. Any dependents on
your claim, such as your husband or children, will
also usually be given Humanitarian Protection. If you
were given Humanitarian Protection on or after
30th August 2005, certain members of your family
who are not in the UK, such as children who are
under 18 or your husband, can apply for family
reunion to come and join you.
If you have Humanitarian Protection, you can make
an application to the UK Border Agency for a Home
Office document known as a certificate of travel.
You may do this because you are either unable to
get a passport or other identity documents from
your country, or because you fear the authorities in
your country. You may go anywhere you would like
to with the travel document except your own
country, although many countries do not accept
certificates of travel. If you do want to apply for a
certificate of travel, you should make sure that the
country you want to travel to will accept it. 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/travel
documents/
Towards the end of the five year period of leave (but
not more than 28 days before it expires or after it
has expired), you can apply for ILR. It is important to
apply before your leave expires because, if you do
not, you may be subject to active review, which is a
full review of your need for protection in the UK.
This means that the UK Border Agency will look at
all of your circumstances and the circumstances in
your country to see whether you should still be
allowed to remain here.
Discretionary Leave
Discretionary Leave may be given in a number of
types of cases, including where you have
successfully argued that you have a right to remain
in the UK because your removal would breach your
right to private and family life. Different types of
cases will be given different amounts of
Discretionary Leave.
The following explains the different types of leave
different people may be given, whether it can be
extended and how much leave they need to have
before they can apply for ILR.
Person
Those whose removal may result in, degrading
treatment because they have serious physical
or mental health problems.
Discretionary Leave
usually given
Granted leave initially for 3
years but can then apply for a
further 3 years.
ILR
Can apply for ILR
after 6 years.
Those whose removal would be an interference
with their right to private and family life
which is more than is allowed by law.
Granted leave initially for 3
years but can then apply for a
further 3 years.
Can apply for ILR
after 6 years.
Those who would qualify for Refugee Leave or
Humanitarian Protection but are excluded from
it, because, for example, they have committed
“serious criminal offences”.
Granted leave for 6 months.
Can then apply for a further
6 months.
Can apply for ILR
after 10 years.
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