Seeking Refuge? - Rights of Women

Temporary Protection
This form of protection was introduced by the EU
Temporary Protection Directive 23 to enable
States to share the responsibility for protecting
people in crisis situations, where many people
have to leave an area quickly.
Temporary Protection will be given for 12 months
with the possibility that this may be extended for
further periods of six months. If you have been
granted Temporary Protection, you will be able to
work and must be given medical, welfare and
housing assistance.
While applications are decided
When you apply for an extension of leave or for
ILR, providing that the application was made
before the end of your original leave, you keep
the leave you have while your application is being
decided. This is also the case if your application
for further leave, or for ILR, is refused, and you are
appealing against the refusal. This means that you
will still be able to work, claim housing support or
claim welfare benefits while your application or
appeal is being decided.
If you are applying for leave after the expiry of
your original period of leave (for example, if you
applied for ILR after your Humanitarian Protection
expired), you are an overstayer. Overstayers are
not in the country lawfully and are committing a
criminal offence. Being an overstayer may affect
any future application that you make for ILR and
citizenship, as well as your right to appeal a
negative decision on your case. Overstayers
cannot work or access welfare benefits and
housing support. If you are an overstayer you
should seek legal advice.
Tracing family members
If you have lost contact with family members who
you think are still in your country, you may want to
make contact with them. The British Red Cross
runs an International Tracing and Message Service
to help families who have been separated because
of a conflict or natural disaster. For further
information about the International Tracing and
Message Service visit: www.redcross.org.uk
Things to remember
• If you receive a positive decision on your case,
you will be given a form of leave to remain in
the UK. This will usually be Refugee Leave,
Humanitarian Protection or Discretionary Leave.
• The type of leave that you get and the rights that
you have, for example the right to have family
members come and join you, will depend on the
type of your case and when your application was
decided. It is important that your leave to remain
in the UK does not run out. If it does, you will
become an overstayer.
• If you are given Refugee Leave or Humanitarian
Protection, you can apply for Indefinite Leave to
Remain after five years. If you are given
Discretionary Leave, you can apply for Indefinite
Leave to remain after six years. You will have to
pay an application fee of £820 when you apply
for ILR. You will also have to show that you
have enough knowledge of English and “life in
the UK”, in addition to meeting the usual legal
requirements.
Support organisations
For legal information and advice on immigration
and asylum law, see:
• Anti-Trafficking Legal Project (ATLeP)
• Asylum Aid (includes the Refugee Women’s
Resource Project)
• Community Legal Advice
• Immigration Advisory Service
• Immigration Lawyers Practitioners Association
• Refugee and Migrant Justice (formerly the
Refugee Legal Centre)
• Rights of Women
To discuss any other problem, contact your local
One Stop Service:
• Refugee Action
• Refugee Council
• Migrant Helpline
• North of England Refugee Service
• Welsh Refugee Council
For information about housing, welfare benefits or
other issues related to living in the UK:
• Community Legal Advice
• DirectGov: public services in one place
• Refugee Integration and Employment Service
(RIES)
See Chapter 12 at the end of this book for the
contact details of these, and other useful
organisations.
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