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Appendix 2 - Immigration status

Published online by Cambridge University Press:  13 January 2023

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Summary

‘Immigration status’ is the kind of permission people have to be in the UK.

These include:

  • • A person seeking asylum.

  • • Refugee Status: ‘Given to a person who has been recognised as a Refugee under the definition in the UN Convention on Refugees 1951. Normally five years Leave to Remain. People with Refugee Status are eligible to apply for Indefinite Leave to Remain (ILR) towards the end of their initial 5-year grant of leave.’ (Universities Scotland and Scottish Refugee Council, 2021, 10)

  • • Humanitarian Protection: ‘If a person does not meet the criteria of the 1951 Refugee Convention but the Home Office believe a person is at risk of serious harm or human rights violations should they return to their home country, they may be granted Humanitarian Protection. As with Refugee Status, Humanitarian Protection is awarded for 5 years. People with Humanitarian Protection are eligible to apply for ILR at the end of their initial 5-year grant of leave.’ (p. 11)

  • • Separated children and young people seeking sanctuary (Unaccompanied Asylum-Seeking Children) leave: ‘Specifically given to children who cannot be returned to their country of origin because there are no safe reception arrangements in place in the country of origin. Leave until the young person is aged 17½ years old when arrangements will be made to return them to their country of origin on or near their 18th birthday. This is not a protection status and young people can challenge the Home Office for a protection status (Refugee Status or Humanitarian Protection) and while this is being considered they will not be returned to their home country.’ (p. 14)

  • • Discretionary Leave: ‘If the applicant's asylum claim has been processed and they have not been recognised as a Refugee nor been granted Humanitarian Protection, they may be granted Discretionary Leave, ‘‘Leave Outside the Immigration Rules’’ or Limited Leave.’ (p. 11)

  • • Limited leave to remain.

  • • Indefinite leave to remain.

  • • Visa.

  • • European Union citizen.

There are further complexities for young people, according to information on the London Assembly web page:

  • • Many children and young people who arrived in the UK at a very young age and have lived here ever since may be undocumented. This means they might not have any legal immigration status.

Type
Chapter
Information
Libraries and Sanctuary
Supporting Refugees and New Arrivals
, pp. 150 - 151
Publisher: Facet
Print publication year: 2022

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  • Immigration status
  • John Vincent
  • Book: Libraries and Sanctuary
  • Online publication: 13 January 2023
  • Chapter DOI: https://doi.org/10.29085/9781783305025.011
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  • Immigration status
  • John Vincent
  • Book: Libraries and Sanctuary
  • Online publication: 13 January 2023
  • Chapter DOI: https://doi.org/10.29085/9781783305025.011
Available formats
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Save book to Google Drive

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  • Immigration status
  • John Vincent
  • Book: Libraries and Sanctuary
  • Online publication: 13 January 2023
  • Chapter DOI: https://doi.org/10.29085/9781783305025.011
Available formats
×