If the claim is allowed

If the claim is allowed on the grounds of the 1951 Geneva Convention, either by the UK Border Agency or at appeal, the applicant gets Refugee Status, which lasts for five years. The UK Border Agency can review this grant of status during this time if there is good reason, such as if the circumstances in the country of origin have changed. After five years, if it is still unsafe for the person to return to their own country, they will be able to apply for a legal status known as Indefinite Leave to Remain (ILR) in the UK.

 

If protection is granted on human rights grounds, the applicant usually gets Humanitarian Protection. This status is also initially granted for five years and subject to review.

 

Once a person is granted protection in the UK, they have the right to work, claim benefits and be re-united with their spouse and children (under 18). However, a child under the age of 18 who is recognised as a refugee does not have the same right to be joined by their parents or brothers/sisters.

 

In some cases, a more limited form of status called Discretionary Leave will be granted. It is initially granted for up to three years, after which time the person can apply for an extension if they still cannot be removed. After six years they can apply for Indefinite Leave to Remain (ILR). Discretionary Leave is usually used in cases involving children under 18 who cannot be returned to their country of origin. It is Home Office policy to grant such children Discretionary Leave until they are 17½ years old, even if their asylum claim has been refused.

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