SET (Protection) Route applications

[ariskar]

Hello.

1. Which would be plausible grounds based on which you could apply more than 1 month early?
2. Did you submit biometrics in UKVCAS centre or post office?

Hi,

My friends said it was for work purposes, as they got new job offers from top companies in London and they would not be accepted if they did not have a residence permit. (The home office says that even though your residence permit technically expires, you would still have the same rights during the application process). Now that might be fine when working a basic 9 to 5 job. However, for example, companies hiring app development experts won't just agree to hire someone who might or might not lose their residence permit soon.

So basically, my friends' argument, which is similar to mine, is based upon the fact that it would be career deteriorating if they didn't apply early.

As for your second question, I submitted the biometrics at a UKVCAS centre in croydon, it literally took about 15 minutes as I had every detail uploaded beforehand.

I appreciate your prompt answer. All the best for both your ILR application and career prospects!

[sevntythree2]

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

I have a letter from the home office that kind of says that despite entering illegally, if you were granted refugee status without the need of appeals, you would still count as "abiding by the good character law".

It's a two page letter but i'll quote some of it here:

"The instruction is that applications should "normally" be refused as there will, of course, be circumstances where it would not be appropriate to do so. One such example is where an individual enters the UK illegally, but is subsequently granted refugee status. Section 31 of the Immigration and Asylum Act 1999 Act and Article 31 of the Refugee Convention provide a defence against prosecution for certain offences committed prior to a grant of Refugee Status where the individual showed good cause for his illegal entry or presence and brought themselves to the attention of the authorities without delay."

Hello Hassan21uk,

I really appreciate your response. Do you know if this Illegal entry and three months imprisonment (due to the illegal entry before granted refugee status) will affect applying for U.K. citizenship?? do i need to waite 10 years to apply or i can apply after one year of receiving my ILR. And also May i know how you get the letter from the home office regarding the illegal entry and article 31 of defence, Because i didnt get anything ike that. Is the date of that letter before Nov 2014? because from what i know the 10 years good charecter law might apply only if you got the leave to remain after Nov 2014(not sure).


Thank you again,

[sevntythree2]

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

I have a letter from the home office that kind of says that despite entering illegally, if you were granted refugee status without the need of appeals, you would still count as "abiding by the good character law".

It's a two page letter but i'll quote some of it here:

"The instruction is that applications should "normally" be refused as there will, of course, be circumstances where it would not be appropriate to do so. One such example is where an individual enters the UK illegally, but is subsequently granted refugee status. Section 31 of the Immigration and Asylum Act 1999 Act and Article 31 of the Refugee Convention provide a defence against prosecution for certain offences committed prior to a grant of Refugee Status where the individual showed good cause for his illegal entry or presence and brought themselves to the attention of the authorities without delay."

Hello Hassan21uk,

I really appreciate your response. Do you know if this Illegal entry and three months imprisonment (due to the illegal entry before granted refugee status) will affect applying for U.K. citizenship?? do i need to waite 10 years to apply or i can apply after one year of receiving my ILR. And also May i know how you get the letter from the home office regarding the illegal entry and article 31 of defence, Because i didnt get anything ike that. Is the date of that letter before Nov 2014? because from what i know the 10 years good charecter law might apply only if you got the leave to remain after Nov 2014(not sure).

ps: it will be really much appreciated if you could share the complete two pages letter from the home office i wanted to understund it a bit more, because i have exactlly same situation,

Thank you very much again,
Kind Regards,

[Saniii]

You should have submitted them along with your application form. There is nothing to worry I think

Hello Sanni
I have a question if you can answer as you have kept or renewed your national passport, have you explained them and got ILR or there were issues and also have you actually travelled to canada or not?
I am almost in same situation as I renewed my national passport but never used it for travel only used it as an ID .Im due to apply for Ilr and in fear they may apply cessation clause 1c1 on me.I hope they dont .

Hello sorry for the late reply as I have been inactive on this forum for a year now. I had mistakenly renewed my passport and had travelled to Dubai on it twice.when I realised this, I surrendered the passport to Home office and applied for a travel document, which I was awarded in due time. My lawyer when prepared my application for ILR, casually mentioned this to the Home Office. Better not hide things that they know already since I had actually used it for travelling but if I hadn’t. I probably wouldn’t mention it. Just don’t use it. There were no issues and I was granted ILR within 4 months, without any questions

[saamna]

Hello, I have a question. Can I travel abroad while my Set(p) ILR application is in process. I don't have travel documents either, will have to apply. Would that be ok?
Help plxxx

[London22]

You should have submitted them along with your application form. There is nothing to worry I think

Hello Sanni
I have a question if you can answer as you have kept or renewed your national passport, have you explained them and got ILR or there were issues and also have you actually travelled to canada or not?
I am almost in same situation as I renewed my national passport but never used it for travel only used it as an ID .Im due to apply for Ilr and in fear they may apply cessation clause 1c1 on me.I hope they dont .

Hello sorry for the late reply as I have been inactive on this forum for a year now. I had mistakenly renewed my passport and had travelled to Dubai on it twice.when I realised this, I surrendered the passport to Home office and applied for a travel document, which I was awarded in due time. My lawyer when prepared my application for ILR, casually mentioned this to the Home Office. Better not hide things that they know already since I had actually used it for travelling but if I hadn’t. I probably wouldn’t mention it. Just don’t use it. There were no issues and I was granted ILR within 4 months, without a
Hello Sanni
Thank You for your reply.
I obtained a new natinal passport after 2months of asylum grant and have just applied for ILR and mentioned it clearly and explained the reasons of making it as it was the purpose of ID.I called home office before making passport and they failed to help me and instead said it is upto me if I want to make a passport.However I have mentioned that person's name and phone number that I spoke to.
I never used passport for travel .It was only used to open a bank account or when applied for job etc.
Im hoping now that UKVI will accept my explanation and grant ILR.

[London22]

Hello, I have a question. Can I travel abroad while my Set(p) ILR application is in process. I don't have travel documents either, will have to apply. Would that be ok?
Help plxxx

[/Hello Saamna highlight]

If you don't have travel documents and you cant travel on your national passport as well then how can you travel ? Saamna ask home office to borrow british passport for some days so you can travel

[saamna]

Hello, I have a question. Can I travel abroad while my Set(p) ILR application is in process. I don't have travel documents either, will have to apply. Would that be ok?
Help plxxx

[/Hello Saamna highlight]

If you don't have travel documents and you cant travel on your national passport as well then how can you travel ? Saamna ask home office to borrow british passport for some days so you can travel

London22 that's exactly my question, can I apply for travel document, while my application is under consideration? It's important actually!!!

[ariskar]

Hello, I have a question. Can I travel abroad while my Set(p) ILR application is in process. I don't have travel documents either, will have to apply. Would that be ok?
Help plxxx

No, you cannot. This is firm. Even if the UK government doesn't find out, you cannot enter the United Kingdom, unless you "leave illegally", stay abroad and ask someone to apply for travel document using the ILR BRP, post you that and the ILR when it arrives so that you can re-enter. Deceptive and idiotically risky to say the least.

If the HO finds that you travel abroad, by virtue of law, it would make your application considered withdrawn and leave under Section 3C (in time application in process after prior leave expires) will automatically lapse.

Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom

[saamna]

Hello, I have a question. Can I travel abroad while my Set(p) ILR application is in process. I don't have travel documents either, will have to apply. Would that be ok?
Help plxxx

No, you cannot. Travelling abroad would make your application considered withdrawn and leave under Section 3C (in time application in process after prior leave expires) will lapse.

Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom

Now this makes sense! Thank you very much!!!

[saamna]

Hello, I have a question. Can I travel abroad while my Set(p) ILR application is in process. I don't have travel documents either, will have to apply. Would that be ok?
Help plxxx

No, you cannot. Travelling abroad would make your application considered withdrawn and leave under Section 3C (in time application in process after prior leave expires) will lapse.

Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom

Now this makes sense! Thank you very much!!!

Actually it's Canada I need to travel to in June, in regards to a training!!! Will have to wait for the ILR then...

[nthapachetri]

You need a valid leave to apply TD

[saamna]

You need a valid leave to apply TD

Got it! Many thanks

[hassan21uk]

Hello Hassan21uk,

I really appreciate your response. Do you know if this Illegal entry and three months imprisonment (due to the illegal entry before granted refugee status) will affect applying for U.K. citizenship?? do i need to waite 10 years to apply or i can apply after one year of receiving my ILR. And also May i know how you get the letter from the home office regarding the illegal entry and article 31 of defence, Because i didnt get anything ike that. Is the date of that letter before Nov 2014? because from what i know the 10 years good charecter law might apply only if you got the leave to remain after Nov 2014(not sure).

ps: it will be really much appreciated if you could share the complete two pages letter from the home office i wanted to understund it a bit more, because i have exactlly same situation,

Thank you very much again,
Kind Regards,

Hi,

The letter I have, which I am more than happy to share with you, is dated March 2015 and its quite a nice read which as far as I understand explains that if you were granted refugee status on your first attempt (i.e. you entered illegally but you got your residence permit on the first try and without having to go through an appeal process and all that stuff), then you can apply to the ILR and the British nationality normally like everybody else. You will understand what I mean better when I forward the letter to you.

Basically, regardless of the letter, which I will share with you, if I were in your place, I would try to apply within 1 year of having the ILR and provide a letter to the home office explaining that the illegal entry was justified since you didn't know any better and it was a matter of life or death. You should also explain that despite being in prison, you were still granted refugee status which means that the home office department responsible for asylum seekers saw that you are a legitimate refugee and fit to be released to society. Also, I would attach your current record to show that the only black mark is just that initial illegal entry and nothing else. Hopefully they will see that its common sense not to count the prison time as a sign of bad character because it was justified.

EDIT: I am not sure how I can forward the Home Office letter to you. I thought there would be a way to message you directly and add it as an attachment. I wonder if its against the rules to provide your email address, if its okay, then I can just send it to you in an email.

Best regards,
Hassan

[CR001]

Hello Hassan21uk,

I really appreciate your response. Do you know if this Illegal entry and three months imprisonment (due to the illegal entry before granted refugee status) will affect applying for U.K. citizenship?? do i need to waite 10 years to apply or i can apply after one year of receiving my ILR. And also May i know how you get the letter from the home office regarding the illegal entry and article 31 of defence, Because i didnt get anything ike that. Is the date of that letter before Nov 2014? because from what i know the 10 years good charecter law might apply only if you got the leave to remain after Nov 2014(not sure).

ps: it will be really much appreciated if you could share the complete two pages letter from the home office i wanted to understund it a bit more, because i have exactlly same situation,

Thank you very much again,
Kind Regards,

Hi,

The letter I have, which I am more than happy to share with you, is dated March 2015 and its quite a nice read which as far as I understand explains that if you were granted refugee status on your first attempt (i.e. you entered illegally but you got your residence permit on the first try and without having to go through an appeal process and all that stuff), then you can apply to the ILR and the British nationality normally like everybody else. You will understand what I mean better when I forward the letter to you.

Basically, regardless of the letter, which I will share with you, if I were in your place, I would try to apply within 1 year of having the ILR and provide a letter to the home office explaining that the illegal entry was justified since you didn't know any better and it was a matter of life or death. You should also explain that despite being in prison, you were still granted refugee status which means that the home office department responsible for asylum seekers saw that you are a legitimate refugee and fit to be released to society. Also, I would attach your current record to show that the only black mark is just that initial illegal entry and nothing else. Hopefully they will see that its common sense not to count the prison time as a sign of bad character because it was justified.

EDIT: I am not sure how I can forward the Home Office letter to you. I thought there would be a way to message you directly and add it as an attachment. I wonder if its against the rules to provide your email address, if its okay, then I can just send it to you in an email.

Best regards,
Hassan

@ user 'hassan21UK' - You are not permitted to post email addresses on the forum or any form of personal contact information.

@ user 'sevntythree2 - It makes no difference about November 2014. The Good Character requirement applies to everyone, regardless of when their leave to remain was issued/granted.

[hassan21uk]

@ user 'hassan21UK' - You are not permitted to post email addresses on the forum or any form of personal contact information.

@ user 'sevntythree2 - It makes no difference about November 2014. The Good Character requirement applies to everyone, regardless of when their leave to remain was issued/granted.

I understand. However, surely there must be a way in which I can provide him/her with the document that may help them a lot with his/her application. I would have sent the document in a chat or whatnot but I don't see that option.

[sevntythree2]

@ user 'hassan21UK' - You are not permitted to post email addresses on the forum or any form of personal contact information.

@ user 'sevntythree2 - It makes no difference about November 2014. The Good Character requirement applies to everyone, regardless of when their leave to remain was issued/granted.

I understand. However, surely there must be a way in which I can provide him/her with the document that may help them a lot with his/her application. I would have sent the document in a chat or whatnot but I don't see that option.

[sevntythree2]

@ user 'hassan21UK' - You are not permitted to post email addresses on the forum or any form of personal contact information.

@ user 'sevntythree2 - It makes no difference about November 2014. The Good Character requirement applies to everyone, regardless of when their leave to remain was issued/granted.

I understand. However, surely there must be a way in which I can provide him/her with the document that may help them a lot with his/her application. I would have sent the document in a chat or whatnot but I don't see that option.

Hello Hassan21uk,
Cc to CR001,

I would like to thank you both for your responses. Hassan i think its a good idea to apply for Citizenship with the type of letter you mentioned, i will do that for sure.CR001 regarding the letter do you think there is way that hassan can forward the 2 pages letter to me ? if yes could you please instruct us on how to do (because as hassan said is a really important application in my life), and also you mentioned that good charecter rule apply for all application regardless of when their leave to remain was issued, However is this also apply for people who have an offence of (entering the UK without a valid passport-illegal entry), But been granted refugee status after their asylum interview . Please note: I present myself to the UK border agency and claimed asylum as soon as I arrived to airport, but unfortunately I didn't have a valid passport with me so i was charged of entering the UK without a valid passport, after that I been sent to court and imprisonment for three months (Interestingly I was granted refugee status while in prison ) , PLease CR001 AND HASSAN 21UK , I would like to ask you boths opinion about how will this effect my application for UK citizenship. will i still have to waite 10 years to apply for UK citizenship?


thank you very much again

[Tawa11]

Hi everyone l have been a silent observer for months, just thought l share my timeline with all those who are waiting. I applied myself and I am one of those who applied for country’s passport after being issued with a travel document. The passport was never used to travel and l didn’t mention obtaining my country passport to the home office.
5 years refugee expiry 10/12/2018
Application submitted online 05/11/2018
Acknowledgement email 06/11/2018
Checklist docs sent to HO 13/11/2018 and received 14/11/2018
Biometric Submitted 17/11/2018
Monthly update emails 05/12/2018, 07/01/2019 & 05/02/2018
Biometric received 14/02/2018, still waiting for approval letter l am sure it’s on its way.

Hope this helps someone and good luck to all those waiting.

[G_li]

What is your nationality and did you apply with online documents with new service or did u apply through post via old service?

Please confirm. Thanks

[G_li]

Hi everyone l have been a silent observer for months, just thought l share my timeline with all those who are waiting. I applied myself and I am one of those who applied for country’s passport after being issued with a travel document. The passport was never used to travel and l didn’t mention obtaining my country passport to the home office.
5 years refugee expiry 10/12/2018
Application submitted online 05/11/2018
Acknowledgement email 06/11/2018
Checklist docs sent to HO 13/11/2018 and received 14/11/2018
Biometric Submitted 17/11/2018
Monthly update emails 05/12/2018, 07/01/2019 & 05/02/2018
Biometric received 14/02/2018, still waiting for approval letter l am sure it’s on its way.

Hope this helps someone and good luck to all those waiting.

Dear tawa 11
What is your nationality and did you apply with online documents with new service or did u apply through post via old service?

Please confirm. Thanks

[Tawa11]

Hi everyone l have been a silent observer for months, just thought l share my timeline with all those who are waiting. I applied myself and I am one of those who applied for country’s passport after being issued with a travel document. The passport was never used to travel and l didn’t mention obtaining my country passport to the home office.
5 years refugee expiry 10/12/2018
Application submitted online 05/11/2018
Acknowledgement email 06/11/2018
Checklist docs sent to HO 13/11/2018 and received 14/11/2018
Biometric Submitted 17/11/2018
Monthly update emails 05/12/2018, 07/01/2019 & 05/02/2018
Biometric received 14/02/2018, still waiting for approval letter l am sure it’s on its way.

Hope this helps someone and good luck to all those waiting.

Dear tawa 11
What is your nationality and did you apply with online documents with new service or did u apply through post via old service?

Please confirm. Thanks

I am Zimbabwean and l applied online.

[G_li]

Thanks my friend, but did you send your documents by post or you went to the centre they scanned the documents for you?

Please confirm. Thanks

Hi everyone l have been a silent observer for months, just thought l share my timeline with all those who are waiting. I applied myself and I am one of those who applied for country’s passport after being issued with a travel document. The passport was never used to travel and l didn’t mention obtaining my country passport to the home office.
5 years refugee expiry 10/12/2018
Application submitted online 05/11/2018
Acknowledgement email 06/11/2018
Checklist docs sent to HO 13/11/2018 and received 14/11/2018
Biometric Submitted 17/11/2018
Monthly update emails 05/12/2018, 07/01/2019 & 05/02/2018
Biometric received 14/02/2018, still waiting for approval letter l am sure it’s on its way.

Hope this helps someone and good luck to all those waiting.

Dear tawa 11
What is your nationality and did you apply with online documents with new service or did u apply through post via old service?

Please confirm. Thanks

I am Zimbabwean and l applied online.

[Tawa11]

Thanks my friend, but did you send your documents by post or you went to the centre they scanned the documents for you?

Please confirm. Thanks

Hi everyone l have been a silent observer for months, just thought l share my timeline with all those who are waiting. I applied myself and I am one of those who applied for country’s passport after being issued with a travel document. The passport was never used to travel and l didn’t mention obtaining my country passport to the home office.
5 years refugee expiry 10/12/2018
Application submitted online 05/11/2018
Acknowledgement email 06/11/2018
Checklist docs sent to HO 13/11/2018 and received 14/11/2018
Biometric Submitted 17/11/2018
Monthly update emails 05/12/2018, 07/01/2019 & 05/02/2018
Biometric received 14/02/2018, still waiting for approval letter l am sure it’s on its way.

Hope this helps someone and good luck to all those waiting.

Dear tawa 11
What is your nationality and did you apply with online documents with new service or did u apply through post via old service?

I sent everything by post

[Ali786786]

Hi

Anyone apply ilr protection route recently or got ilr,

Thx