resettlement to the UK

Resource Person: Katia Bianchini 

Turpin and Miller Solicitors
1 Agnes Court
Oxford
OX4 2EW
Tel. 0044 (0) 1865 770111
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The following information is meant to explain some of the most common applications to resettle to the United Kingdom. However, given the complexity of immigration laws, there might be other ways to immigrate.

Resettlement to the United Kingdom

The United Kingdom has two programs for the resettlement of refugees: the Gateway Protection Program and the Mandate Refugee Program.

The Gateway Protection Program is operated by the United Kingdom Border Agency (UKBA), which receives referrals from UNHCR. The Program allows up to 750 refugees every year to enter the United Kingdom for resettlement.

The applicant must be a refugee under the terms of the 1951 Refugee Convention (a convention refugee  is defined as an individual who has been granted refugee status by a state on the basis of the implementation of the 1951 Convention Relating to the Status of Refugees and its 1967 protocol). 

In addition, the applicant’s liberty, safety, health, or other fundamental human rights must be at risk in the country where he has sought refuge; or, he must be facing  no possibility of long-term security in that country.

The Mandate Refugee Program is applicable to mandate refugees only (a mandate refugee is an individual who has been granted refugee status by UNHCR). The application is made at UNHCR and, if it passes the first screening, is referred to UKBA for the final decision. The application can be made at the British embassy if there is no UNHCR office in the country of refuge. To qualify, the mandate refugee must satisfy two requirements:

(1) the United Kingdom must be the most appropriate country for resettlement; and (2) the refugee must have close ties to the United Kingdom.

To determine whether the United Kingdom is the most appropriate country for resettlement (first requirement), consideration is given to the refugee’s circumstances in the country of refuge, such as local integration prospects, living conditions, whether the refugee has any physical protection needs, and whether there are any close relatives in other countries.

As far as the applicant’s close tie with the United Kingdom (second requirement), this is usually interpreted as having close family members, but also possible history such as periods spent in the United Kingdom as a student. Close family members are defined as the refugee’s spouse, children under the age of 18, parents and grandparents over the age of 65.

Only in exceptional circumstances the following family members would meet the close-tie requirement: parent/grandparent under 65, adult son or daughter, sister, brother, aunt, uncle.

The family members in the United Kingdom do not need to have been accepted as refugees, but must be settled or have limited leave in a category leading to settlement.
  

Family reunion in the United Kingdom

If the person is a recognized refugee or is benefiting from humanitarian protection in the UK, the family reunion program allows him/her to be reunited with his/her family members (that is, those who were part of the family unit before he/she fled).

Only pre-existing families (the spouse, civil partner or unmarried/same-sex partner plus any children under 18 who formed part of the family unit at the time the sponsor fled to seek asylum) can apply to enter the UK. However, UKBA may allow family reunion for other family members if there are compassionate reasons why their case should be considered outside the Immigration Rules.

The application is made at the British embassy of the country where the family members are living.

Indefinite leave as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom 

Under the immigration rules a person can apply for indefinite leave to enter the United Kingdom at the British embassy of the country where he/she is residing if the following requirements are met:

(i) is related to a person present and settled in the United Kingdom in one of the following ways:

(a) mother or grandmother who is a widow aged 65 years or over; or

(b) father or grandfather who is a widower aged 65 years or over; or

(c) parents or grandparents travelling together of whom at least one is aged 65 or over; or

(d) a parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but does not have financial support; or

(e) parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; or

(f) the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; and

(ii) is financially wholly or mainly dependent on the relative in the United Kingdom; and

(iii) will be accommodated and maintained adequately without recourse to public funds; and

(iv) has no other close relatives in his own country for financial support.

It is not a requirement that the applicant has been granted refugee status.

Leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom 

Under the immigration rules a child can apply for indefinite leave to enter the United Kingdom at the British embassy of the country where is residing if the following requirements are met:

(i) is to accompanying or joining a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled or are being admitted on the same occasion in the United Kingdom; or

(b) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or

(e) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and

(iv) will be accommodated and maintained adequately without recourse to public funds.

It is not a requirement that the applicant has been granted refugee status.

Legal aid in the United Kingdom 

Legal aid is available for legal advice to anyone living in the United Kingdom or abroad who qualifies financially. For representation in court, legal aid is more restricted and is granted only if a case has more than a 50% chance of success.

The legal adviser will provide the applicant with a form to be completed and will carry out a detailed assessment of his means. The only documents required are the applicant’s most recent bank statement and payslip.

If these are unavailable, a letter from the person who is supporting the applicant and stating his monthly income is sufficient. In exceptional circumstances, it is possible to grant legal aid even in absence of evidence of income (for example if a refugee is employed but paid in cash and has no bank account, or if he is in immigration detention). The applicant will also need to return the original signed form to the lawyer.

For more information on legal aid in the United Kingdom, see http://www.legalservices.gov.uk/