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SET (Protection) Route applications

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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salsabeel
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Posts: 321
Joined: Sun Mar 05, 2017 2:35 pm

Re: SET (Protection) Route applications

Post by salsabeel » Thu Jan 03, 2019 2:19 pm

rayyfar wrote:
Thu Jan 03, 2019 1:58 pm
Thank you so much for your reply the problem is the form can now only be submitted online
And no seperate information can be attached
Also once you answer that you did spend more then 3 months out side uk
It only give you option to select one country and says
Select country you spent more then 3 months in
Dates and explanation box

Same with the time spend in you uk it only gives you option for years and months no extra information can be put it
It does not matter, still u can send them all details on extra papers with ur name,DOB and national insurance number.
its better to explain it now on extra paper with ur online application to avoiding delay
outcome, as they will need when they reach on decision. just put QUESTION/s NO REFERENCE ON EXTRA PAPERS. then they will understand that u used extra paper lack of space on line. ALSO if online application (on the question u hanging) allow u to type
these lines (please see attached papers as there is not enough space here or further detail on extra papers) just put there and then explain all in details with evidances.
note YOU NEED TO EXPLAIN CLEARLY IF SENDING EXTRA PAGES.
Best wishes.
إِنَّ اللّهَ مَعَ الصَّابِرِينَ
pray for kashmir
SALSABEEL

rayyfar
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Posts: 40
Joined: Wed Jan 02, 2019 9:45 pm

Re: SET (Protection) Route applications

Post by rayyfar » Thu Jan 03, 2019 2:40 pm

thankyou so much i shall do that i wil also try to get some one to review my application to avoid any extra delay
i will make sure i keep you guys posted thankyou so much for your help.

sevntythree2
Newly Registered
Posts: 6
Joined: Thu Jan 03, 2019 4:18 pm

Re: SET (Protection) Route applications

Post by sevntythree2 » Thu Jan 03, 2019 4:58 pm

Hello everyone,

I will soon apply for refugee permanent residence (settlement protection) , and I have a question about the criminal record part of the application. I have a criminal record, as I arrived at the UK without a valid travel document to apply for asylum but I was stopped by the immigration officer and transferred to the court. I pled guilty at the court and I was in prison for three months. I was granted refugee status while in prison. My conviction was entering the UK without a valid travel document. I would like to know the following:


1. Will this record affect my ability to get permanent residence?

2- if my my refugee leave to remain expires at the end of January when is the deadline to submit my application for indefinite leave to remain ? and is it only online or can be done by post office too ?
and also how long does it take to get an answer ?

3. As I was in prison before I was granted refugee status, do I still need to say 'yes' on the application form to the question that asks if you have any criminal convictions?

4. Is there any way to clear this record?

5. If it can be cleared, how long does it take to clear this criminal record, and with who?

6. Will this affect applying for U.K. citizenship?

7. Does anybody have a similar case? Please, I need help urgently.

Please note, I am due to apply at the end of December as my 5 years' refugee visa is expiring at the end of January.

Thank you very very much in advance..

Happy new year all
thank you again

Coolstuff
Newly Registered
Posts: 21
Joined: Mon Sep 03, 2018 3:19 pm
Pakistan

Re: SET (Protection) Route applications

Post by Coolstuff » Thu Jan 03, 2019 8:06 pm

artin wrote:
Sun Dec 23, 2018 8:51 am
Coolstuff wrote:
Fri Dec 21, 2018 11:46 am
artin wrote:
Thu Dec 20, 2018 11:35 am
mrkarachi777 wrote:
Thu Dec 20, 2018 12:58 am


You have same rights as you before

why didnt you apply priority service to have early decision
There is no priority service for SET (P)
Hey
So there is no option for even 10 days decision ? And the online form are they any different to the paper form ? is there any thing extra in the form ?

I am due to apply for my mum's set p in a month time.Your help is much appreciated.
Hey,
Not for set P. In this form you will need to explain more in some questions but overall its kind of the same. An advantage about it, applicants can enrol biometrics same day after finishing the application form. Good Luck!
Thank you so much for you reply ...i am on to filling the forms now for my mother's set p ilr
and i have two questions i ll be really thankful if anyone can help me with it.

1. Do you have any family/ friends/ social groups in your country of birth, nationality or any other country where you have lived more than 5 years ?
( what am i suppose to write here as she doesn't have any close relatives over in country of nationality her immediate family lives here in the U.K )

2. My Mother' s national passport ( valid till may 2017) was submitted to home office when she applied for travel document. Now i selected the option that i don't have a valid passport and then it asks the information from the copy of passport which i tried to enter but it wont let me enter the valid to date as it says enter future date, then i selected no to that question again. then on the next question it says do you have a copy of expired passport which she had and i put the details in and after that on the next question it asks do you have a travel Document ? i selected yes and put the details issued by HOME OFFICE united kingdom .... then at the end where it says the supporting document she needs to provide is says TRAVEL DOCUMENT ISSUED BY PAKISTAN..which is not the case it was issued by Home Office United Kingdom not Pakistan ...no matter what option i select ..if i select yes i have a travel document in the end it asks for travel document issued by Pakistan..

Sorry for the long post but you have already filled in the online forms and if you had travel document issued too , could you please help me with this i ll be really thankful for your kind help
or if anyone else can help i ll be really obliged..

Thanks & Good luck to everyone

rayyfar
Newbie
Posts: 40
Joined: Wed Jan 02, 2019 9:45 pm

Re: SET (Protection) Route applications

Post by rayyfar » Thu Jan 03, 2019 8:22 pm

Thanks for your post tbh sensiably speaking i dont think it should affect your case there are refugee councils in many cities they give free legal advice and evenfill out applications u might want to consider that?
Do you mind me asking which city areyou applying from?

rayyfar
Newbie
Posts: 40
Joined: Wed Jan 02, 2019 9:45 pm

Re: SET (Protection) Route applications

Post by rayyfar » Thu Jan 03, 2019 8:25 pm

sevntythree2 wrote:
Thu Jan 03, 2019 4:58 pm
Hello everyone,

I will soon apply for refugee permanent residence (settlement protection) , and I have a question about the criminal record part of the application. I have a criminal record, as I arrived at the UK without a valid travel document to apply for asylum but I was stopped by the immigration officer and transferred to the court. I pled guilty at the court and I was in prison for three months. I was granted refugee status while in prison. My conviction was entering the UK without a valid travel document. I would like to know the following:


1. Will this record affect my ability to get permanent residence?

2- if my my refugee leave to remain expires at the end of January when is the deadline to submit my application for indefinite leave to remain ? and is it only online or can be done by post office too ?
and also how long does it take to get an answer ?

3. As I was in prison before I was granted refugee status, do I still need to say 'yes' on the application form to the question that asks if you have any criminal convictions?

4. Is there any way to clear this record?

5. If it can be cleared, how long does it take to clear this criminal record, and with who?

6. Will this affect applying for U.K. citizenship?

7. Does anybody have a similar case? Please, I need help urgently.

Please note, I am due to apply at the end of December as my 5 years' refugee visa is expiring at the end of January.

Thank you very very much in advance..

Happy new year all
thank you again
Sorry that comment was for you please read above post

rayyfar
Newbie
Posts: 40
Joined: Wed Jan 02, 2019 9:45 pm

Re: SET (Protection) Route applications

Post by rayyfar » Thu Jan 03, 2019 8:27 pm

Coolstuff wrote:
Thu Jan 03, 2019 8:06 pm
artin wrote:
Sun Dec 23, 2018 8:51 am
Coolstuff wrote:
Fri Dec 21, 2018 11:46 am
artin wrote:
Thu Dec 20, 2018 11:35 am


There is no priority service for SET (P)
Hey
So there is no option for even 10 days decision ? And the online form are they any different to the paper form ? is there any thing extra in the form ?

I am due to apply for my mum's set p in a month time.Your help is much appreciated.
Hey,
Not for set P. In this form you will need to explain more in some questions but overall its kind of the same. An advantage about it, applicants can enrol biometrics same day after finishing the application form. Good Luck!
Thank you so much for you reply ...i am on to filling the forms now for my mother's set p ilr
and i have two questions i ll be really thankful if anyone can help me with it.

1. Do you have any family/ friends/ social groups in your country of birth, nationality or any other country where you have lived more than 5 years ?
( what am i suppose to write here as she doesn't have any close relatives over in country of nationality her immediate family lives here in the U.K )

2. My Mother' s national passport ( valid till may 2017) was submitted to home office when she applied for travel document. Now i selected the option that i don't have a valid passport and then it asks the information from the copy of passport which i tried to enter but it wont let me enter the valid to date as it says enter future date, then i selected no to that question again. then on the next question it says do you have a copy of expired passport which she had and i put the details in and after that on the next question it asks do you have a travel Document ? i selected yes and put the details issued by HOME OFFICE united kingdom .... then at the end where it says the supporting document she needs to provide is says TRAVEL DOCUMENT ISSUED BY PAKISTAN..which is not the case it was issued by Home Office United Kingdom not Pakistan ...no matter what option i select ..if i select yes i have a travel document in the end it asks for travel document issued by Pakistan..

Sorry for the long post but you have already filled in the online forms and if you had travel document issued too , could you please help me with this i ll be really thankful for your kind help
or if anyone else can help i ll be really obliged..

Thanks & Good luck to everyone
I am having the same issue i am going to refugee council birmingham tommorow as the online form is very limiting and is very vauge at my questions
I will update you if i get a proper answer from them

Coolstuff
Newly Registered
Posts: 21
Joined: Mon Sep 03, 2018 3:19 pm
Pakistan

Re: SET (Protection) Route applications

Post by Coolstuff » Thu Jan 03, 2019 8:39 pm

rayyfar wrote:
Thu Jan 03, 2019 8:27 pm
Coolstuff wrote:
Thu Jan 03, 2019 8:06 pm
artin wrote:
Sun Dec 23, 2018 8:51 am
Coolstuff wrote:
Fri Dec 21, 2018 11:46 am


Hey
So there is no option for even 10 days decision ? And the online form are they any different to the paper form ? is there any thing extra in the form ?

I am due to apply for my mum's set p in a month time.Your help is much appreciated.
Hey,
Not for set P. In this form you will need to explain more in some questions but overall its kind of the same. An advantage about it, applicants can enrol biometrics same day after finishing the application form. Good Luck!
Thank you so much for you reply ...i am on to filling the forms now for my mother's set p ilr
and i have two questions i ll be really thankful if anyone can help me with it.

1. Do you have any family/ friends/ social groups in your country of birth, nationality or any other country where you have lived more than 5 years ?
( what am i suppose to write here as she doesn't have any close relatives over in country of nationality her immediate family lives here in the U.K )

2. My Mother' s national passport ( valid till may 2017) was submitted to home office when she applied for travel document. Now i selected the option that i don't have a valid passport and then it asks the information from the copy of passport which i tried to enter but it wont let me enter the valid to date as it says enter future date, then i selected no to that question again. then on the next question it says do you have a copy of expired passport which she had and i put the details in and after that on the next question it asks do you have a travel Document ? i selected yes and put the details issued by HOME OFFICE united kingdom .... then at the end where it says the supporting document she needs to provide is says TRAVEL DOCUMENT ISSUED BY PAKISTAN..which is not the case it was issued by Home Office United Kingdom not Pakistan ...no matter what option i select ..if i select yes i have a travel document in the end it asks for travel document issued by Pakistan..

Sorry for the long post but you have already filled in the online forms and if you had travel document issued too , could you please help me with this i ll be really thankful for your kind help
or if anyone else can help i ll be really obliged..

Thanks & Good luck to everyone
I am having the same issue i am going to refugee council birmingham tommorow as the online form is very limiting and is very vauge at my questions
I will update you if i get a proper answer from them
Thank you so much for such quick response i am applying from Dartford Kent, please do let us know what does the refugee council have to say about this issue ...

Meanwhile I am Sure artin has recently applied , he might have an answer to it..

London22
Junior Member
Posts: 90
Joined: Thu Jan 03, 2019 9:39 pm

Re: SET (Protection) Route applications

Post by London22 » Thu Jan 03, 2019 9:55 pm

Hello Everyone
I will appreciate if some good people can reply me.I am going to apply for ILR on refugee settlement basis after 5 years on refugee leave in February 2019.I want to know if there is actually a priority service in this category.I have made a big mistake as soon as I got refugee leave unknowingly I applied for my national passport and obtained it.Home office did not have my passport at the time of application as it was stolen .Now Im wondering that I have done a mistake.I can hope that I will be fine with my ILR.I will be thankful if senior and experienced users can reply on it.

rayyfar
Newbie
Posts: 40
Joined: Wed Jan 02, 2019 9:45 pm

Re: SET (Protection) Route applications

Post by rayyfar » Thu Jan 03, 2019 9:59 pm

London22 wrote:
Thu Jan 03, 2019 9:55 pm
Hello Everyone
I will appreciate if some good people can reply me.I am going to apply for ILR on refugee settlement basis after 5 years on refugee leave in February 2019.I want to know if there is actually a priority service in this category.I have made a big mistake as soon as I got refugee leave unknowingly I applied for my national passport and obtained it.Home office did not have my passport at the time of application as it was stolen .Now Im wondering that I have done a mistake.I can hope that I will be fine with my ILR.I will be thankful if senior and experienced users can reply on it.
hiya from me reading several forums and home office guidlines obtaining national passport can cause big issue s i ma not a legal expert but this is only based on imformation i have read in government guidlines and online forums
there is no priority service for set p as far as i know .

London22
Junior Member
Posts: 90
Joined: Thu Jan 03, 2019 9:39 pm

Re: SET (Protection) Route applications

Post by London22 » Fri Jan 04, 2019 8:56 am

Thank you for replying
I know that It is inconsistent in the eyes of HO when a refugee makes national passport.However UNHCR
states that a refugee making a national passport is generally a cease of refugee status but if explanation is given like making it as a modern necessity or on the request of authorities or travelling on it without obtaining travel documents providing the condition that refugee wasnt aware of travel documents then revocation should not be inappropriatr and benefit of doubt should be given to refugee.
I know it can become a big issue but I will explain to them .I didnt travel on it nor I obtained travel documents.The reasons to obtain it was opening a bank account and applying for a job.It sounds stupid to me know but at the time of obtaining I was unaware of its repercussions. I would be thankful if experienced users and refugees with same situation can reply here.Thanks

User avatar
CR001
Moderator
Posts: 66061
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: SET (Protection) Route applications

Post by CR001 » Fri Jan 04, 2019 9:22 am

London22 wrote:
Fri Jan 04, 2019 8:56 am
Thank you for replying
I know that It is inconsistent in the eyes of HO when a refugee makes national passport.However UNHCR
states that a refugee making a national passport is generally a cease of refugee status but if explanation is given like making it as a modern necessity or on the request of authorities or travelling on it without obtaining travel documents providing the condition that refugee wasnt aware of travel documents then revocation should not be inappropriatr and benefit of doubt should be given to refugee.
I know it can become a big issue but I will explain to them .I didnt travel on it nor I obtained travel documents.The reasons to obtain it was opening a bank account and applying for a job.It sounds stupid to me know but at the time of obtaining I was unaware of its repercussions. I would be thankful if experienced users and refugees with same situation can reply here.Thanks
See page 13 in the link below on possible reasons for revocation of Refugee status. It is a serious issue that you got your national passport as soon as you got refugee status.

https://assets.publishing.service.gov.u ... _0_EXT.pdf
Return to country of origin or obtaining a passport
This will usually indicate voluntary re-availment and may lead to revocation under Paragraph 339A(i)-(vi)
See below also Immigration Rules Part 11 - Asylum.

https://www.gov.uk/guidance/immigration ... -11-asylum
Refugee Convention ceases to apply (cessation)

339A. This paragraph applies when the Secretary of State is satisfied that one or more of the following applies:
(i) they have voluntarily re-availed themselves of the protection of the country of nationality;
(ii) having lost their nationality, they have voluntarily re-acquired it;
(iii) they have acquired a new nationality, and enjoy the protection of the country of their new nationality;
(iv) they have voluntarily re-established themselves in the country which they left or outside which they remained owing to a fear of persecution;
(v) they can no longer, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, continue to refuse to avail themselves of the protection of the country of nationality; or
(vi) being a stateless person with no nationality, they are able, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, to return to the country of former habitual residence

In considering (v) and (vi), the Secretary of State shall have regard to whether the change of circumstances is of such a significant and non-temporary nature that the refugee’s fear of persecution can no longer be regarded as well-founded.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

London22
Junior Member
Posts: 90
Joined: Thu Jan 03, 2019 9:39 pm

Re: SET (Protection) Route applications

Post by London22 » Fri Jan 04, 2019 10:36 am

Thank you for replying
I just want to add that asylum laws are not straightforward and depend on every individual and its unique circimstances.
Last year Turkey allowed syrian refugees to travel to their country on Eid celebration and after let them in without any trouble.
I think it is the genuineness of your specific case that entitles you protection and if mistakes happen there is explanation and according to UNHCR obtaining a national passport is generally a reavailment of nationality but if circumstances explained benefit of doubt should be given to refugee.Here if the reason of someone's asylum is political then it can be a big issue.
Im still confident that I will make it to my Ilr.

rayyfar
Newbie
Posts: 40
Joined: Wed Jan 02, 2019 9:45 pm

Re: SET (Protection) Route applications

Post by rayyfar » Fri Jan 04, 2019 5:46 pm

London22 wrote:
Fri Jan 04, 2019 10:36 am
Thank you for replying
I just want to add that asylum laws are not straightforward and depend on every individual and its unique circimstances.
Last year Turkey allowed syrian refugees to travel to their country on Eid celebration and after let them in without any trouble.
I think it is the genuineness of your specific case that entitles you protection and if mistakes happen there is explanation and according to UNHCR obtaining a national passport is generally a reavailment of nationality but if circumstances explained benefit of doubt should be given to refugee.Here if the reason of someone's asylum is political then it can be a big issue.
Im still confident that I will make it to my Ilr.
I absolutely agree with you i went to refugee council today in birmingham and asked this question they said in this case the reason should be very carefully and in detail explained
Good luck to you brother

Coolstuff
Newly Registered
Posts: 21
Joined: Mon Sep 03, 2018 3:19 pm
Pakistan

Re: SET (Protection) Route applications

Post by Coolstuff » Sat Jan 05, 2019 1:42 pm

rayyfar wrote:
Thu Jan 03, 2019 8:27 pm
Coolstuff wrote:
Thu Jan 03, 2019 8:06 pm
artin wrote:
Sun Dec 23, 2018 8:51 am
Coolstuff wrote:
Fri Dec 21, 2018 11:46 am


Hey
So there is no option for even 10 days decision ? And the online form are they any different to the paper form ? is there any thing extra in the form ?

I am due to apply for my mum's set p in a month time.Your help is much appreciated.
Hey,
Not for set P. In this form you will need to explain more in some questions but overall its kind of the same. An advantage about it, applicants can enrol biometrics same day after finishing the application form. Good Luck!
Thank you so much for you reply ...i am on to filling the forms now for my mother's set p ilr
and i have two questions i ll be really thankful if anyone can help me with it.

1. Do you have any family/ friends/ social groups in your country of birth, nationality or any other country where you have lived more than 5 years ?
( what am i suppose to write here as she doesn't have any close relatives over in country of nationality her immediate family lives here in the U.K )

2. My Mother' s national passport ( valid till may 2017) was submitted to home office when she applied for travel document. Now i selected the option that i don't have a valid passport and then it asks the information from the copy of passport which i tried to enter but it wont let me enter the valid to date as it says enter future date, then i selected no to that question again. then on the next question it says do you have a copy of expired passport which she had and i put the details in and after that on the next question it asks do you have a travel Document ? i selected yes and put the details issued by HOME OFFICE united kingdom .... then at the end where it says the supporting document she needs to provide is says TRAVEL DOCUMENT ISSUED BY PAKISTAN..which is not the case it was issued by Home Office United Kingdom not Pakistan ...no matter what option i select ..if i select yes i have a travel document in the end it asks for travel document issued by Pakistan..

Sorry for the long post but you have already filled in the online forms and if you had travel document issued too , could you please help me with this i ll be really thankful for your kind help
or if anyone else can help i ll be really obliged..

Thanks & Good luck to everyone
I am having the same issue i am going to refugee council birmingham tommorow as the online form is very limiting and is very vauge at my questions
I will update you if i get a proper answer from them
Hello rayyfar
Did you get any answer from the refugee council about the issue on travel document we spoke above?

Any help would be much appriciated

Thanks

rayyfar
Newbie
Posts: 40
Joined: Wed Jan 02, 2019 9:45 pm

Re: SET (Protection) Route applications

Post by rayyfar » Sat Jan 05, 2019 1:55 pm

Coolstuff wrote:
Sat Jan 05, 2019 1:42 pm
rayyfar wrote:
Thu Jan 03, 2019 8:27 pm
Coolstuff wrote:
Thu Jan 03, 2019 8:06 pm
artin wrote:
Sun Dec 23, 2018 8:51 am


Hey,
Not for set P. In this form you will need to explain more in some questions but overall its kind of the same. An advantage about it, applicants can enrol biometrics same day after finishing the application form. Good Luck!
Thank you so much for you reply ...i am on to filling the forms now for my mother's set p ilr
and i have two questions i ll be really thankful if anyone can help me with it.

1. Do you have any family/ friends/ social groups in your country of birth, nationality or any other country where you have lived more than 5 years ?
( what am i suppose to write here as she doesn't have any close relatives over in country of nationality her immediate family lives here in the U.K )

2. My Mother' s national passport ( valid till may 2017) was submitted to home office when she applied for travel document. Now i selected the option that i don't have a valid passport and then it asks the information from the copy of passport which i tried to enter but it wont let me enter the valid to date as it says enter future date, then i selected no to that question again. then on the next question it says do you have a copy of expired passport which she had and i put the details in and after that on the next question it asks do you have a travel Document ? i selected yes and put the details issued by HOME OFFICE united kingdom .... then at the end where it says the supporting document she needs to provide is says TRAVEL DOCUMENT ISSUED BY PAKISTAN..which is not the case it was issued by Home Office United Kingdom not Pakistan ...no matter what option i select ..if i select yes i have a travel document in the end it asks for travel document issued by Pakistan..

Sorry for the long post but you have already filled in the online forms and if you had travel document issued too , could you please help me with this i ll be really thankful for your kind help
or if anyone else can help i ll be really obliged..

Thanks & Good luck to everyone
I am having the same issue i am going to refugee council birmingham tommorow as the online form is very limiting and is very vauge at my questions
I will update you if i get a proper answer from them
Hello rayyfar
Did you get any answer from the refugee council about the issue on travel document we spoke above?

Any help would be much appriciated

Thanks
Hiya i am sorry about late reply
I asked the first question and was advised that if you donot have a valid passport in possestion then answer will be no.

I tried to ask ask them more question the lady has given me date for my caseto be filed on 21st of march but she was unable to help further because my rime slot came to an end i asked them if you your self can call them and ask them directly they said they donot provide advice over the phone unfortunately .

London22
Junior Member
Posts: 90
Joined: Thu Jan 03, 2019 9:39 pm

Re: SET (Protection) Route applications

Post by London22 » Sat Jan 05, 2019 3:18 pm

rayyfar wrote:
Fri Jan 04, 2019 5:46 pm
London22 wrote:
Fri Jan 04, 2019 10:36 am
Thank you for replying
I just want to add that asylum laws are not straightforward and depend on every individual and its unique circimstances.
Last year Turkey allowed syrian refugees to travel to their country on Eid celebration and after let them in without any trouble.
I think it is the genuineness of your specific case that entitles you protection and if mistakes happen there is explanation and according to UNHCR obtaining a national passport is generally a reavailment of nationality but if circumstances explained benefit of doubt should be given to refugee.Here if the reason of someone's asylum is political then it can be a big issue.
Im still confident that I will make it to my Ilr.
I absolutely agree with you i went to refugee council today in birmingham and asked this question they said in this case the reason should be very carefully and in detail explained
Good luck to you brother
Thank you brother.
I have searched many online forums and the main ones like UNHCR and UK Home Office.The matter is not straightforward that it can be punished with refusal.It is not a good thing to have a national passport on refugee leave but some people are not aware of laws and make mistakes and if compelling circumstances explained to HO the matter will end in fine.Hoping for Better.

uchida
Junior Member
Posts: 71
Joined: Wed Nov 14, 2012 5:11 pm

Re: SET (Protection) Route applications

Post by uchida » Sat Jan 05, 2019 10:57 pm

Guys, I need some advice. A mate of mine applied for ILR after 5 years of having refugee status on the 15th of October last year. He received a letter from HO with his BRP on the 4th of January with refugee settlement on it / indefinite leave to remain on it. The letter said he should have received a letter confirming the decision. But he hasn't received this letter. Is this normal? Is there a number he can call to request for the letter? Thanks guys.

User avatar
ariskar
Member of Standing
Posts: 294
Joined: Mon Mar 13, 2017 3:23 pm
Location: London, UK
Mood:
Greece

Re: SET (Protection) Route applications

Post by ariskar » Mon Jan 07, 2019 9:48 am

London22 wrote:
Fri Jan 04, 2019 8:56 am
Thank you for replying
I know that It is inconsistent in the eyes of HO when a refugee makes national passport.However UNHCR
states that a refugee making a national passport is generally a cease of refugee status but if explanation is given like making it as a modern necessity or on the request of authorities or travelling on it without obtaining travel documents providing the condition that refugee wasnt aware of travel documents then revocation should not be inappropriate and benefit of doubt should be given to refugee.
I know it can become a big issue but I will explain to them .I didnt travel on it nor I obtained travel documents.The reasons to obtain it was opening a bank account and applying for a job.It sounds stupid to me know but at the time of obtaining I was unaware of its repercussions. I would be thankful if experienced users and refugees with same situation can reply here.Thanks
As long as you do not enter or exit the UK, CTA or EU with the national passport or register it for the Advance Passenger Information of airlines, the host state would have difficulty proving that you have it. If I were you I would cancel it and return it to authorities of the "home country", so that you can answer somewhat 'honestly' in the ILR Settlement application that you do not hold a national passport and the latest valid passport is held by the Home Office (or is the older passport is provided by you in the rare case they returned it when granting you the initial time limited leave). Obviously this is uncharted grey-zone territory and in all honesty you have made a mistake that may cost your status or chance to settle under the refugee immigration category. This is what I would do, but not formal advice...

Beware that loss of status due to breach of refugee/assylum legislation could render you being illegally in the country. Also deception in settlement/leave application(s) could mean that even if you obtain other type of time limited leave (family,EEA,tier, etc.) you may need to wait 5 to 10 years of lawful residence without convictions to clear up before being eligible for ILR or BC. Good luck.

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ariskar
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Re: SET (Protection) Route applications

Post by ariskar » Mon Jan 07, 2019 9:55 am

The alternative, in case you have not used the home country passport would be to consult an immigration advisor and contact HO/SSHD to provide them the passport and explain your mistake and reasons you still require protection, which is likely to trigger a status review for your case.

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