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Will I be able to keep my refugee travel document after ILR?

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Solo4Life
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Will I be able to keep my refugee travel document after ILR?

Post by Solo4Life » Thu Nov 07, 2019 12:29 am

I am soon applying for ILR on the basis of long residence, not refugee settlement. Currently, I am a refugee but first i came to the UK as a student and soon it will be 10 years since I have been here. HO has my passport and has given me a refugee travel document. I was wondering what is going to happen after I apply for ILR? Will I be able to keep my Travel Document or will they return my national passport because I won't be a refugee anymore? The issue is that i am not sure if i will be able to obtain a national passport and the which HO has retained will soon expire.

London22
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Re: Will I be able to keep my refugee travel document after ILR?

Post by London22 » Thu Nov 07, 2019 12:06 pm

Hello
Ho will give you Refugee ILR which technically is same as a refugee leave apart from a few more rights.They wont consider you under long residency 10 yrs basis.I strongly advise you to seek consultation with a good immigration lawyer .You can apply yourself after initial consultation.On refugee ILR you wont be able to obtain national passport as you are still a refugee ILR doesnt mean you are no more a refugee yes you are not a refugee once get british citizenship .

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Re: Will I be able to keep my refugee travel document after ILR?

Post by CR001 » Thu Nov 07, 2019 12:09 pm

London22 wrote:
Thu Nov 07, 2019 12:06 pm
Hello
Ho will give you Refugee ILR which technically is same as a refugee leave apart from a few more rights.They wont consider you under long residency 10 yrs basis
Why do you say the OP will not be considered under long residence for ILR??
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London22
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Re: Will I be able to keep my refugee travel document after ILR?

Post by London22 » Thu Nov 07, 2019 12:18 pm

Hello
Good question.HO doesnt consider refugee leave into 10 yrs long residency so a refugee can only apply for ILR after 5 yrs and gets same status which is refugee.This is a technical issue hence I think he should seek legal advice.

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Re: Will I be able to keep my refugee travel document after ILR?

Post by CR001 » Thu Nov 07, 2019 12:22 pm

London22 wrote:
Thu Nov 07, 2019 12:18 pm
Hello
Good question.HO doesnt consider refugee leave into 10 yrs long residency so a refugee can only apply for ILR after 5 yrs and gets same status which is refugee.This is a technical issue hence I think he should seek legal advice.
Where does it state refugee leave specifically is not included in the 10 years long residence count??

Assuming the OP has 10 years of legal residence and valid visa/leave to remain for the whole period, not sure why you believe he cannot apply using this route or what the 'technical issue' you state is?

https://assets.publishing.service.gov.u ... 6.0ext.pdf
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Re: Will I be able to keep my refugee travel document after ILR?

Post by London22 » Thu Nov 07, 2019 12:30 pm

I understand but again it is a technical thing .For example if a student stays legal for 8 yrs then claims asylum he wont get ilr after 2 yrs if possible why home office would give a student ilr after 2yrs that is not refugee ilr means refugee can travel to home country also after just 2 yrs on asylym how can he get ilr when standard route is 5yrs.Asylum rules state after living 5yrs on refugee leave a person can apply for ILR.There is no mix and match in asylum cases .

London22
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Re: Will I be able to keep my refugee travel document after ILR?

Post by London22 » Thu Nov 07, 2019 12:34 pm

CR001 wrote:
Thu Nov 07, 2019 12:22 pm
London22 wrote:
Thu Nov 07, 2019 12:18 pm
Hello
Good question.HO doesnt consider refugee leave into 10 yrs long residency so a refugee can only apply for ILR after 5 yrs and gets same status which is refugee.This is a technical issue hence I think he should seek legal advice.
Where does it state refugee leave specifically is not included in the 10 years long residence count??

Assuming the OP has 10 years of legal residence and valid visa/leave to remain for the whole period, not sure why you believe he cannot apply using this route or what the 'technical issue' you state is?

https://assets.publishing.service.gov.u ... 6.0ext.pdf
HO doesnt describe everything on its website and this issue is one of them undescribed in detail .

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Re: Will I be able to keep my refugee travel document after ILR?

Post by CR001 » Thu Nov 07, 2019 12:55 pm

London22 wrote:
Thu Nov 07, 2019 12:34 pm
CR001 wrote:
Thu Nov 07, 2019 12:22 pm
London22 wrote:
Thu Nov 07, 2019 12:18 pm
Hello
Good question.HO doesnt consider refugee leave into 10 yrs long residency so a refugee can only apply for ILR after 5 yrs and gets same status which is refugee.This is a technical issue hence I think he should seek legal advice.
Where does it state refugee leave specifically is not included in the 10 years long residence count??

Assuming the OP has 10 years of legal residence and valid visa/leave to remain for the whole period, not sure why you believe he cannot apply using this route or what the 'technical issue' you state is?

https://assets.publishing.service.gov.u ... 6.0ext.pdf
HO doesnt describe everything on its website and this issue is one of them undescribed in detail .
The immigration rules are clear and that is what HO have to follow. Posting about what you believe is "missing or not described" is simply scaremongering and unnecessary.
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Re: Will I be able to keep my refugee travel document after ILR?

Post by London22 » Thu Nov 07, 2019 2:07 pm

Im not scaremonering here I always say what I know.I remember you have told me that as I have renewed my national passport when I was on refugee leave so I wont get ILR but I got it within 2 months.Obtaining a national passport for a reasonable reason while on refugee leave is not the end of leave unless refugee was stateless.Here you can confirm from HO or a good lawyer refugee leave doesnt count in long term desidency.I bet it is true.

Solo4Life
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Re: Will I be able to keep my refugee travel document after ILR?

Post by Solo4Life » Thu Nov 07, 2019 2:39 pm

Hi all and thanks for your reply. I know i can apply for 10 year ILR route because my stay has been legal for the whole period that i have been here, I asked my lawyer when I was going through the asylum process.I have also done research, ILR guidance does not rule out refugee stay. My stay could have been broken if i was put on immigration bail or (sometimes) if been refused then granted upon appeal but this has not been the case.
My issues are different:
1. As i said before, how can i travel after my getting my ILR as (most likely) i will NOT be able to obtain a national passport from the embassy
2. I need to show my passports as part of the documentary evidence for continuous stay, but the home office has my passports. Can i ask them to check within their department for themselves? or return them to me for the purpose of my application?

Solo4Life
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Re: Will I be able to keep my refugee travel document after ILR?

Post by Solo4Life » Thu Nov 07, 2019 2:40 pm

London22 wrote:
Thu Nov 07, 2019 2:07 pm
Im not scaremonering here I always say what I know.I remember you have told me that as I have renewed my national passport when I was on refugee leave so I wont get ILR but I got it within 2 months.Obtaining a national passport for a reasonable reason while on refugee leave is not the end of leave unless refugee was stateless.Here you can confirm from HO or a good lawyer refugee leave doesnt count in long term desidency.I bet it is true.
I said i renewed my passport? i dont think so. I think my old passport that the home office has will be valid for a few more months but i won't be able to renew it.

London22
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Re: Will I be able to keep my refugee travel document after ILR?

Post by London22 » Thu Nov 07, 2019 3:07 pm

Sorry for wrong information.I searched and found out that refugee leave does actually count towards long residency of 10 yrs.HO rules are so complex so mistakes can happen .They have made rules complex so people make mistakes .People like Cameron&Theresa May are the architures of hostile environment where many immigrants just stay confused.

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Re: Will I be able to keep my refugee travel document after ILR?

Post by London22 » Sun Nov 10, 2019 5:03 pm

Solo4Life wrote:
Thu Nov 07, 2019 12:29 am
I am soon applying for ILR on the basis of long residence, not refugee settlement. Currently, I am a refugee but first i came to the UK as a student and soon it will be 10 years since I have been here. HO has my passport and has given me a refugee travel document. I was wondering what is going to happen after I apply for ILR? Will I be able to keep my Travel Document or will they return my national passport because I won't be a refugee anymore? The issue is that i am not sure if i will be able to obtain a national passport and the which HO has retained will soon expire.
If your status now is refugee then they will be give you refugee ilr means you are still a refugee .ILR doesnt mean a refugee is no more a refugee .Yes once naturalized a refugee doesnt remain a refugee and can travel anywhere including his own country.US citizenship openly states this that refugees can travel to home countries after getting citizenship but not before unless in emergency cases.UK immigration is not open but have the same policy .They will only return you national passport once you are naturalized or you have an emergency and want to go back home for a limited time.After refugee ilr you have to reapply for travel documents until your british cotizenship.I dont think they will award you a general ILR .

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Re: Will I be able to keep my refugee travel document after ILR?

Post by iSpy » Wed Dec 18, 2019 4:48 am

London22 please stop making things up and there is no harm in accepting what you don’t know.
You DO get a general ILR in the case mentioned above as it’s applied via long residence.

If a refugee applies form with SET (P) that’s when
you get a refugee ILR, with remarks : Refugee Settlement.
Whereas on the other hand with Long residence form SET (LR) even if a period is spent as a refugee the remarks on the BRP : Settlement.
Which is a general ILR.

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