Asylum
Immigration
People who fear persecution in their country of origin can claim asylum in the UK. As a general rule, a person can only claim asylum after they have entered the UK. It is not possible to obtain a visa for the UK with the explicit purpose of seeking asylum.
Asylum claims are assessed by UK Visas and Immigration (UKVI) decision-makers with reference to the UK’s obligations under the terms of the 1951 Convention Relating to the Status of Refugees and 1950 European Convention on Human Rights (ECHR). ‘Refugee status’ is granted to asylum seekers who are found to meet the Refugee Convention’s definition of a ‘refugee’.
‘Humanitarian Protection’ is granted to asylum seekers who are found to be at real risk of suffering serious harm, but for reasons not covered by the Refugee Convention. Both types of status give permission to remain for five years initially, with the right to work and access mainstream welfare benefits.
If a case is not eligible for protection, but removing the person from the UK would breach the UK’s obligations under the ECHR (e.g. due to the strength of the person’s private or family life in the UK), they may be given temporary permission to remain in the UK, subject to conditions (e.g. ‘no recourse to public funds’).
If an application has been refused and the appeal rights exhausted, the refused asylum seeker is expected to leave the UK. If they do not make a voluntary departure, they are liable to have an enforced removal arranged by the Home Office.
The UK operates a couple of limited refugee resettlement schemes, which enable selected refugees to come to settle in the UK without having to go through the asylum process. One of these programmes is specifically for vulnerable Syrian refugees.
Nationality
Under the British Nationality Act 1981 (as amended), since 1 January 1983, people born in the UK only automatically acquire British citizenship at birth if one of their parents was a British citizen or living in the UK without an immigration time restriction at that time. People born overseas are only automatically British citizens if their parent(s) were not also born overseas (subject to limited exceptions).
People who do not automatically acquire British citizenship at birth may be able to apply to become a British citizen on account of their residential or ancestral ties with the UK. For example, an adult can apply to ‘naturalise’ as a British citizen after five years’ continuous legal residence in the UK in a qualifying immigration category (subject to other conditions).
‘British citizenship’ is one of six different types of British nationality status – generally speaking, the other types do not automatically give the right to enter and leave, and live and work in the UK without being subject to immigration controls (‘the right of abode’). Only British nationals are eligible for British passports.
Leave to remain
Leave to remain is the permission granted to non-UK nationals to enter and stay in the UK for a limited period of time. After a qualifying period of residency in the UK, applicants may then become eligible to settle and apply for indefinite leave to remain.
Limited leave to remain
Limited leave to remain refers to the status of UK visa holders who have been approved to enter the UK and to remain here until their visa expires. Under limited leave to remain, applicants will have to meet the conditions of their visa throughout their stay, such as having a valid certificate of sponsorship if they have a Skilled Worker visa, and having no recourse to public funds while in the UK.
Limited leave to remain requires the applicant to depart the UK at the end of the specified visa period, or to make a further application to the Home Office to retain lawful status. Depending on the circumstances and eligibility, this could mean applying for a visa extension, further leave to remain or indefinite leave to remain.
Indefinite leave to remain
While holders of certain visa types, such as visitors or short-term students, will be expected to eventually return home, some categories of limited leave may lead to settled status in the UK. Settled status gives the holder permission to stay in the UK on a permanent basis. This is known as indefinite leave to remain (ILR). Note that ‘settled status’ with ILR is different to the EU settlement scheme for EEA nationals in the UK.
Individuals with ILR are not subject to immigration restrictions in the UK. They can leave and enter the UK at will. ILR does not expire, unless the applicant has been absent from the UK for more than two years.
If someone holds ILR status, they may also become eligible to certain entitlements, such as welfare benefits and tax credits. The exception is if their right to remain was awarded as a result of another person formally agreeing to maintain and accommodate the applicant. In this case, they may be excluded from some benefits for five years.
What categories of leave are available?
There are several different categories of leave to remain depending on eligibility and why the applicant wants to come to or stay in the UK. The main immigration routes for individuals wanting to work, train or study in the UK are under the points-based system and include:
Tier 1 routes of the points-based system for investor and entrepreneurs.
Work sponsorship visas such as the Skilled Worker Visa for workers with a job offer in the UK.
Global talent visa for those with exceptional talent or promise in their field.
Student visa for international students.
Tier 5 enables young overseas nationals to experience life and culture in the UK. It also permits workers to undertake short-term or temporary employment.
Other categories of leave to remain may also be available to the applicant depending on their circumstances, such as applying as a points-based dependent visa or a family, partner or spouse visa.
Indefinite leave to remain after 10 years long residence
Another way to qualify for ILR is through the long residence route. If the applicant has at least 10 years of continuous, lawful residence, they may be eligible to settle. In addition to being able to prove 10 years of unbroken status in the UK, the applicant will also need to show that they meet the English language and life in the UK test, and that there are no general grounds to refuse your application, such as a criminal record or a breach of the Immigration Rules.