Posted by Mark Symes on 11 August at the HJT immigration training blog
Until 30 August 2005, persons recognised as refugees in the UK were granted Indefinite Leave to Remain. Generally there would be no reason for this grant of leave to be reviewed, unless perhaps in a case where an individual came to the adverse attention of the authorities, for example through criminal activities. However after that date a refugee receives a Residence Permit (UKRP) valid for five years, at the end of which time they must make an application for indefinite leave to remain.
It appears that those who apply for settlement before their UKRP expires will receive a positive response without the need for the decision maker to conduct an in-depth review. Overstayers, on the other hand, will be actively considered against the Cessation provisions.
This month, August 2010, sees the first cohort of refugees reach the moment where they are liable for withdrawal of refugee status.
Settlement after 5 years ILR: Refugee Council advice
The Refugee Council has published guidance leaflets for applicants and for advisers on applying for indefinite leave to remain in the UK. The guidance is specifically for those who were granted refugee status or humanitarian protection after August 2005 which only granted limited leave to remain for five years. The leaflets explain the process in a range of languages and provide a full briefing for advisers.
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