Remaining in the UK on humanitarian basis Dear Mr Bassie,
MY RELATIVE, who now lives in the United Kingdom, left his home because he felt that he was being persecuted. My query is, can he seek protection from the British authorities and obtain permission to remain there? Any advice will help.
– S.C. Dear S.C.,
Persons can apply to settle in the United Kingdom. This is known as ‘indefinite leave to remain’ if those persons have received a residence card as a refugee or person with humanitarian protection. Persons should check if they are eligible in the relevant category.
Please note that there is no fee for applying for settlement as a refugee or person who has been given humanitarian protection. With respect to family members, persons may be able to include their partner and any children on the settlement application if they are already in the UK as dependents – persons should check their eligibility.
If persons cannot include their family members on their settlement application, then partners and children can apply to be reunited with applicants in the UK if their family was formed before they left their country.
Family members can also apply to join those persons in the United Kingdom instead if one of the following is true: they are not eligible to apply as a partner or a child and/or the family was formed after the applicant left their country.
If the application is successful, family members will have permission to stay in the UK for the same length of time as the person making the primary application.
Persons can apply after five years in the UK as either a refugee or someone with humanitarian protection. The application may be refused if they have a criminal record or have been in prison. Persons should download application form SET (Protection Route) and fill it out to apply for settlement. They will need to send their application form and any supporting documents to the address given on the form. Please note that persons cannot apply in person – they must send their application by post.
Persons will be asked to provide fingerprints and a digital photo (known as biometric information) after sending in the application. Persons should apply during the last month of their current permission to be in the United Kingdom.
Good luck.
John S. Bassie is a barrister/attorney-atlaw who practises law in Jamaica. He is a justice of the peace, a Supreme Courtappointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email:lawbassie@yahoo.com