Glossary

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Are you confused about the words your lawyer is using?

This is a glossary of immigration and asylum terms that may be used when people talk about child and young refugees and migrants.

You can search by selecting a letter of the alphabet, or type your word into the search box.

If you have any questions or suggestions please contact us.

  • A

    Accommodated

    When a child is accommodated this means a local authority has given the child a place to live. This is also known as being looked after. This can happen if the parents of the child agree to it, or if there is no other suitable adult who is responsible for looking after the child. The child might be accommodated in a foster home, or residential home, or in semi-independent living (for ages 16-18).

    Date checked: 22 October 2019

    Administrative Removal

    Administrative removal is used when a person doesn’t have any legal right to stay in the UK. When a person is removed there is no order in force preventing them from returning to the UK, although in practice this might be difficult to do because the person will be considered to have a poor immigration history.

    Administrative removal and deportation are often confused. Deportation is when the UK government physically removes a person from the UK to another country, because they believe that it is not good for the people in the UK if that person stays (it can also happen if a court has ordered it).

    Deportation is used as a response to the behaviour of the individual within the UK if they have committed crimes, or there is evidence that they been involved in criminal activity even if not convicted.

    Deportation is often confused with ‘administrative removal’ because the immediate effect of each is that a person is removed from the UK. However actually they are very different in law. A person is deported in response to bad behaviour as explained above. When a person has been deported there will be an order in force preventing them from returning to the UK whilst the order is in force.

    Date checked: 6 May 2019

    Age Assessment

    An age assessment is a formal process to decide what a person’s (usually a child) age is. An age assessment happens when the child does not have any official or genuine documents which confirm their date of birth and the Home Office or a local authority does not believe that the person is telling the truth about their age. The age assessment is usually carried out by social workers. It will involve an interview with questions that are designed to find out when a person was born. This process cannot find the exact date of birth but will estimate how old the child is.

    Date checked: 15 December 2017

    Age-disputed

    A person is age-disputed when the Home Office or the local authority do not believe that a person is the age they say that they are. They will usually have to go through an age assessment.

    If the person is decided to be an adult then they will receive different treatment and support in relation to their asylum claim than the treatment and support that a child would receive.

    Whilst their age is being considered they should be given the benefit of the doubt and treated as a child.

    Date checked: 15 December 2017

    Appeal

    Usually when an official decision has been made, the person or people who are affected by that decision can ask a higher court or higher authority to review that decision and to change it. For example, if the Home Office refuse to give a person asylum, that person can appeal to the First Tier Tribunal to ask them to look at the decision again.

    Date checked: 8 December 2017

    Appeal Rights Exhausted (ARE)

    Appeal Rights Exhausted describes a person whose request for asylum or immigration application was refused, and who has made all of the appeals that they are allowed to make, without any success.

    Date checked: 8 December 2017

    Application Registration Card (ARC card)

    An ARC card is given to all asylum seekers after they apply for asylum. It is a very important form of identification as it shows that a person has applied for asylum, and other information such as whether they are allowed to work.

    Date checked: 8 December 2017

    Article 3 of the European Convention on Human Rights (ECHR)

    The rights and freedoms protected by the European Convention on Human Rights are written under different numbered articles.

    Article 3 says No one shall be subjected to torture or to inhuman or degrading treatment or punishment. This means that:

    no one should be tortured,
    no one should be treated or punished as if they were not human, and
    no one should be treated or punished to make them feel that they have no value.

    Countries like the UK which have signed up to the European Convention on Human Rights must not send someone to a country where they might be treated like this, or where there is a danger that they might be sent from there to another country where they might be treated like this.

    Article 3 is a non qualified right. This means that the UK can never allow someone to be treated like this, or to be put in danger of being treated like this no matter what the situation is.

    Date checked: 15 December 2017

    Article 8 of the ECHR European Convention on Human Rights (ECHR)

    The rights and freedoms protected by the European Convention on Human Rights are written under different numbered articles.

    Article 8 says: Everyone has the right to respect for his private and family life, his home and his correspondence. This means that:

    everyone should be allowed to have a private life and a family life, and
    the government cannot interfere with this (for example by spying on them or stopping them from having contact with their family) unless they have a good reason for doing so (such as public safety).

    Article 8 is a qualified right which means that there are times when the government is allowed to interfere with the right to private and family life in some situations. However, the government must follow the law properly if doing this.

    Date checked: 15 December 2017

    Asylum Claim / Application

    Each country in the world is supposed to take care of its own citizens and make sure that they are safe.

    However, sometimes there are problems in a country (for example war, or political corruption) which mean that some of the citizens are in danger. If the government of that country cannot or does not want to keep its people safe, people from that country may ask another country to protect them. A person who leaves their own country to ask for protection in another country is asking for (or claiming) asylum. This might also be called a claim for international protection.

    In the UK, a part of the government known as the Home Office is responsible for looking at applications and deciding whether to accept the claim and allow the person to live in the UK so that they can be protected here.

    Date checked: 15 December 2017

    Asylum interview

    An asylum interview is a longer interview about a person’s reasons for claiming asylum in the UK. This is sometimes called the ‘substantive interview.’ The interviewer will ask many details about the person’s background, experiences in their home country, their travel to the UK and life in the UK, and the reasons why they are afraid to go back to their home country. Some of these questions will be designed to help the interviewer understand the reasons why the person is scared to return to their country of origin. Other questions may be used to test whether the person is genuinely from the country they claim to come from.

    Date checked: 22 June 2023

    Asylum Screening Unit (ASU)

    The Home Office prefers that people apply for asylum as soon as they enter the UK. However this is not always possible. A person who applies for asylum after they have entered the UK will need to go to the Asylum Screening Unit (ASU) in Croydon, South London, to make an asylum application in-country.

    The ASU is split into two sections, one deals with adults applying for asylum and the other is a separate part which only works on applications made by children.

    Date checked: 15 December 2017

    Asylum Seeker

    An asylum seeker is a person who asks to stay in a country because they do not feel safe to return to their home country. In the UK, an asylum seeker stops being officially called an asylum seeker when they have received a final decision.

    If the Home Office decides that the person would be at risk in their own country and should be allowed to stay, the person will be accepted as a Refugee.

    If the Home Office refuse the application there may be a right of appeal.

    When a person has used up all possible appeal options they are then known as appeal rights exhausted.

    Date checked: 15 December 2017

  • B

    Bail, immigration bail

    Temporary admission was a status that allowed a person to be in the UK lawfully without being detained (before they have been granted leave to remain). From now on, any person subject to immigration control who is present in the UK without leave to remain, but whose presence is known to the authorities (including asylum seekers) is technically on immigration bail.

    This can be confusing because if you are then detained, you also apply for immigration bail in order to be released from detention. It is important to note that being on immigration bail does not mean that someone has committed a crime.

    Date checked: 22 June 2023

    Barrister

    In the UK there are two different types of lawyer: solicitors and barristers. Barristers usually specialise in going to court, talking to the judge, and making detailed arguments in the court. Solicitors usually meet with clients from the start of the case, advise them on how the law applies to their case, and work with them on preparing the case. They may then hand over the information to a barrister to present it to the judge in the best way possible. In the immigration courts solicitors are allowed to go to court and talk to the judges and some prefer to do this.

    Date checked: 8 December 2017

    Best interests

    A child’s best interests are those things that are most important to their health, happiness and growth, now and in the future. In UK law, anyone making a decision that affects a child must think carefully about what is in their best interests. The child’s best interests must be a very important consideration when making the decision.

    Date checked: 15 December 2017

    Biometric Residence Permit (BRP)

    A Biometric Residence Permit, or BRP, is a card that shows that a person has the right to stay in the UK. The card holds information about the person: their name, date of birth, nationality, fingerprints, a photograph, the type of permission they have to stay in the UK and when that permission ends. The card should confirm whether there are any conditions on the permission to stay, such as whether a person can access benefits, whether they can work, and if so, for how long.

    A BRP can be used as official proof of a person’s permission to stay in the UK and can be helpful to prove their identity. Employers will usually want to see a BRP before agreeing to employ someone from outside Europe.

    Date checked: 15 December 2017

    Biometric Residence Permit (BRP)

    A Biometric Residence Permit or BRP is a plastic idendification card that the Home Office gives to immigrants who are allowed to stay in the UK as evidene of their immigration status.

    Date checked: 6 May 2019

  • C

    Care leaver

    Someone who is under the age of 25 and has been cared for by the UK state (or looked after by the local authority) is known as a care leaver if they meet certain conditions. They must have been in care at school leaving age (16) or after that date, and for at least 13 weeks since age 14.

    Date checked: 15 December 2017

    Care order

    When the UK state is concerned that a child is suffering harm or might suffer harm in the future because they are not being properly cared for, they can issue a care order. There are two types:

    Interim care orders are given when the risk to the child is not clear, and investigations need to be made.

    Full care orders are given when the risk is clear and it has been decided that the child cannot return to their previous care or family setting. With a full care order, the child or young person becomes the responsibility of the UK state.

    Date checked: 8 December 2017

    Certified (see also clearly unfounded)

    When the UK government believes that an asylum seeker comes from a country that is safe and that they would not be in danger if they returned there, they say that the person’s asylum claim is ‘clearly unfounded’. This means that they think that it cannot be possible for a person to be in danger in that country, and so the asylum claim cannot succeed.

    Usually, when an asylum claim is refused, the person applying is allowed to appeal against the decision and can stay in the UK to make their appeal. When the Home Office decides that a case is ‘clearly unfounded’ they can issue a certificate saying that the person can only appeal from outside the UK. This is known as ‘certifying’ an application.

    Cases from certain countries are always certified as clearly unfounded. If this happens, it might only be possible to bring an appeal against the refusal of asylum from outside the UK.

    However, it may be possible to challenge the certification while still in the UK if it can be shown that the Home Office has acted unreasonably or unlawfully in finding that the claim is ‘clearly unfounded’. This may be the case where there is evidence that the problems that the person fears are experienced in the country they come from, and there is not enough protection for them if they return. Such a challenge would be made through a process called ‘judicial review’ and legal advice would be needed.

    Date checked: 6 May 2019

    Child in need

    A child in need is a child under 18 years of age who is disabled, or who needs support from the local authority to either support their health or development or to prevent harm being done to their health or development.

    Date checked: 8 December 2017

    Child/Children

    According to UK law, a child is anyone under the age of 18 years.

    Date checked: 8 December 2017

    Children’s rights

    Rights is a word used to describe the things that we need to survive and develop, to be safe and happy. For example the right to food, housing, and care. Children have needs that are different and additional to adults needs. Children are less able to get what they need on their own, and may need an adult or the government to help them.

    The 1989 UN Convention on the Rights of the Child (UNCRC) lists the special protections and care that children should receive. Many of these special protections and care, or children’s rights, have been written into UK law, and/or are explained and interpreted in important court decisions. These rights apply to all children in the UK, no matter where they come from.

    Date checked: 15 December 2017

    Clearly unfounded

    When the UK government believes that an asylum seeker comes from a country that is safe and that they would not be in danger if they returned there, they say that the person’s asylum claim is clearly unfounded. This means that they think that it cannot be possible for a person to be in danger in that country, and so the asylum claim cannot succeed.

    Usually, when an asylum claim is refused, the person applying is allowed to appeal against the decision and can stay in the UK to make their appeal. When the Home Office decides that a case is clearly unfounded they can issue a certificate saying that the person can only appeal from outside the UK. This is known as certifying an application.

    Cases from certain countries are always certified as clearly unfounded. If this happens, it might only be possible to bring an appeal against the refusal of asylum from outside the UK.

    Date checked: 15 December 2017

    Community care lawyers

    The term community care is used to describe services provided by social services and the NHS to help adults and children with health and socialÊcare needs such as learning difficulties, physical and mental health difficulties, education needs, or a need for care because they have no adult to look after them.

    Community care lawyers make sure that people get the support they need, for example by challenging incorrect or illegal decisions made by public bodies including the NHS and social services. This can include challenging incorrect age assessments, refusal to provide accommodation and care for destitute families with children, and refusal to provide for special educational needs.

    Date checked: 15 December 2017

    Conclusive grounds

    The National Referral Mechanism or NRM is a system for identifying people who have been trafficked or victims of modern slavery, and for making sure that these people receive the protection and support that they need.

    After a person has been referred by a ‘First responder’ organisation to the NRM, the case will be investigated and a ‘reasonable grounds decision’ will be made by the Home Office. This is a decision about whether there are ‘reasonable grounds’ to suspect that the person is a victim of modern slavery. If the decision is ‘positive’ then the person can get legal aid to help with their case and they will be allowed to stay in the UK for at least another 30 days while the NRM makes more investigations. If the reasonable grounds decision is negative the NRM will close the case and there is no formal appeal.

    After a reasonable grounds decision and further investigation, the NRM must then make a final ‘conclusive grounds decision‘. If this decision is positive then the person is recognised as having been trafficked, and they may be given 12 months’ leave to remain in the UK. This decision is separate from any decision about asylum although both decisions are made by the Home Office, and the Home Office may use evidence it gathers in relation to both processes for either decision.

    Date checked: 22 June 2023

    Convention travel document (CTD)

    A Convention Travel Document, also known as a blue document or CTD, is given to people with refugee status to use as a valid travel document in place of passport to travel overseas. This document is valid for all countries except the refugee’s home country. A refugee who travels on their national passport risks having their refugee status taken away, and so it is important to obtain a CTD.

    Date checked: 15 December 2017

    Country of origin information

    Country of origin information is information about countries from which asylum seekers originate, which helps decision-makers to understand what dangers an asylum seeker might face there if they were to return. Information could be reports, research, articles news items, or other kinds of information about a particular country.

    Date checked: 15 December 2017

  • D

    Deportation

    Deportation is when the UK government physically removes a person from the UK to another country, because they believe that it is not good for the people in the UK if that person stays (it can also happen if a court has ordered it).

    Deportation is used as a response to the behaviour of the individual within the UK if they have committed crimes, or there is evidence that they been involved in criminal activity even if not convicted.

    Deportation is often confused with ‘administrative removal’ because the immediate effect of each is that a person is removed from the UK. However actually they are very different in law. A person is deported in response to bad behaviour as explained above. When a person has been deported there will be an order in force preventing them from returning to the UK whilst the order is in force.

    Administrative removal is used when a person doesn’t have any legal right to stay in the UK. When a person is removed there is no order in force preventing them from returning to the UK, although in practice this might be difficult to do because the person will be considered to have a poor immigration history.

    Date checked: 8 December 2017

    Destitute, destitution

    If you are homeless, without enough money to buy basic food or shelter, you are destitute. A person who has claimed asylum can claim receive financial support and accommodation if they are considered to be destitute or facing destitution. A fee waiver can be granted for certain human rights immigration applications if a person is destitute or there are exceptional circumstances which mean that the applicatn is unable to pay the application fee.

    Date checked: 6 May 2019

    Discretionary Leave (DL)

    A person who is not granted asylum or humanitarian protection by the Home Office may be given a time-limited permission to stay called discretionary leave (DL, sometimes also called discretionary leave to remain or DLR). Sometimes this discretionary leave is the name used for other types of limited permission to stay.

    DL used to be granted for between 6 months and 3 years, but is now given for a maximum of 30 months.

    Date checked: 15 December 2017

    Dispersal

    To reduce the number of asylum seekers and refugees in London and the South East of England, the UK government moves them to areas where there are less asylum applicants. This is known as dispersal.

    Date checked: 8 December 2017

    Documented status

    A person has documented status if they can show documents such as a passport, a birth certificate or identity card to prove their identity and their right to be present in the UK.

    Date checked: 8 December 2017

    Dublin III regulation

    The European Union has made rules that decide which country in the European Union should be responsible for making a decision about the asylum claim of someone who comes from outside the European Union. (For adults, this is usually the first European country that the person entered, but for children the rules are different, especially if they have a relative in a European Union country). The rules are all together known as the Dublin III regulation.

    Under the Dublin regulation Unaccompanied children claiming asylum may in some cases be allowed to move to the UK to join a relative there who is able to care for them. This is different to the ‘Dubs amendment,’ a law sponsored by Lord Alf Dubs which required the UK government to relocate a certain number of unaccompanied refugee children from other countries in Europe.

    Date checked: 6 May 2019

  • E

    EEA national

    Any citizen of a European Union country, or of Iceland, Liechtenstein or Norway is considered an EEA national.

    Date checked: 8 December 2017

    English for Speakers of Other Languages (ESOL)

    The most common education course for new English speakers and recent arrivals to the UK is an English for Speakers of Other Languages (ESOL) course. There are a number of difficulty levels, ranging from pre-entry, Entry 1 to Level 3. Students must develop their skills in speaking, listening, reading and writing.

    Date checked: 8 December 2017

    Entry clearance

    Leave to Enter or Entry Clearance means permission to enter the UK. Entry Clearance is also known as a visa. A person who is not British or (currently) an EEA national will usually need to get permission to come to the UK before they arrive (people from some countries can come on a tourist visa that is given at the airport, but this is less common now).

    An application will need to be made for Entry Clearance at the British Embassy or High Commission in the country where the person is living at the point that they want to travel to the UK. If the application for a visa is successful, the applicant will be granted Entry Clearance allowing them to come to the UK.

    There will be limits and conditions on how long the person can stay in the UK and what they can and cannot do while staying there, depending on the type of visa they apply for.

    Date checked: 8 December 2017

    EU Settlement Scheme

    The EU Settlement Scheme is a special process to receive applications from European Union (EU) citizens who are currently living in the UK and wish to be allowed to remain in the UK after Brexit. If an application is successful, the person applying will get either “settled” or “pre-settled” status. The UK has reached an agreement with Norway, Iceland, Liechtenstein, and a separate agreement with Switzerland. If someone is a national of these countries or of an EU country they will be able to apply to the EU Settlement Scheme from 30 March 2019. They will need to make their application before 30 June 2021 in order to be allowed to stay in the UK.

    Date checked: 6 May 2019

    EU Settlement Scheme (EUSS)

    The EU Settlement Scheme (EUSS) is a special process to receive applications from European Union (EU) citizens who are currently living in the UK and wish to be allowed to remain in the UK after Brexit. If an application is successful, the person applying will get either ‘settled‘ or ‘pre-settled‘ status.

    The UK reached an agreement with Norway, Iceland, Liechtenstein, and a separate agreement with Switzerland. The deadline for most people to first apply to the EU Settlement Scheme was 30 June 2021 but if someone is a national of these countries or of an EU country they can still apply if they or a family member were living in the UK by 31 December 2020 as long as they meet one of the criteria for a later deadline to apply and have ‘reasonable grounds’ for not applying by 30 June 2021.

    If a person has pre-settled status they can still apply for ‘settled status’ through the EU Settlement Scheme. See the entries on pre-settled status and settled status.

    Date checked: 22 June 2023

    Eurodac

    Countries in the European Union keep a database of the fingerprints of all asylum applicants. This is known as the Eurodac database. It is used to monitor applications and make sure that each person does not make more than one claim.

    Date checked: 8 December 2017

    European Convention on Human Rights (ECHR)

    The European Convention on Human Rights (ECHR) is an international document agreed by European countries in 1953, that lists the human rights and freedoms of all people in Europe. The ECHR can be used in UK law courts. The European Court of Human Rights (ECtHR) in Strasbourg can listen to and make decisions about cases brought by individuals, organisations and states in Europe.

    Date checked: 8 December 2017

    Exceptional Case Funding (ECF)

    The Legal Aid Fund is money held by the government and used to pay for legal services for people who do not have enough money to pay for legal advice themselves. There are rules about who can get legal aid and when. Whether a person can get legal aid will depend on:

    whether they have enough money to pay for legal advice
    whether their case has enough chance of winning to justify spending money on the case
    whether their case is of a type for which legal aid is available

    Some types of case will automatically get legal aid, but others will only get legal aid if they are very complicated, or serious, or it would be difficult for the person with the legal problem to bring the case without the help of a lawyer. This includes most types of immigration (not asylum) cases.

    The Exceptional Case Funding (ECF) Scheme exists to deal with applications for legal aid which wouldn’t normally be funded, but are complex, serious or difficult. A person who wants legal aid will need to apply to the Legal Aid Agency who will decide whether to grant the person ECF for their case.

    Date checked: 15 December 2017

    Expert report

    An expert report is a special report that is written by an expert in particular subject area. The expert’s knowledge and opinion is needed to help the decision-maker (who could be for example the Home Office, or a tribunal or court) understand the facts about a case. The expert might be an expert on a particular country and able to share detailed knowledge about particular events or practices in that country. Or they might be a medical or psychological expert who can explain medically how a person is affected by the difficulties or violence they have faced. An expert who has prepared a report may be called on to speak directly to a judge about their report and give evidence.

    Date checked: 15 December 2017

    Exploitation

    Exploitation means treating someone unfairly in order to benefit from their work.

    Child exploitation is when a child is used for profit, for work, for sexual enjoyment, or some other personal or financial advantage. Child exploitation often results in cruel or harmful treatment of the child and can cause emotional, physical, and social problems for the child.

    Date checked: 8 December 2017

  • F

    Failed Asylum Seeker

    A person who has applied for asylum and been refused, and who has no remaining appeal rights is sometimes called a failed asylum seeker. They may also be referred to as being ‘appeal rights exhausted’ or ‘ARE’.

    Date checked: 8 December 2017

    Family reunion

    Family reunion means bringing a family back together again after they have been separated. The international laws in relation to refugee status state that refugees should be allowed to reunite with their families.

    In the UK, people with refugee status or humanitarian protection are allowed to bring their close family members (husband or wife and children) to join them under family reunion policies, as long as they were part of the same family before they escaped danger.

    It may be possible to apply for other family members (for instance your parents if you are a child refugee) but this is more difficult because the UK Immigration Rules do not cover these situations fully.

    Date checked: 8 December 2017

    Family tracing

    Family Tracing is the process of finding separated family members, in any country, and making contact with them. Often this is carried out by the Red Cross, but the government also has a responsibility to carry out family tracing where it is safe (for the child and the family) to do so.

    Date checked: 8 December 2017

    Fee Exemption

    The Home Office charges a fee to anyone who makes an application for permission to enter or stay in the UK on the basis of immigration rules (not asylum).

    Some people automatically do not have to pay the fee. They are ‘exempt’ from paying the fee. For example, children who are in local authority care are exempt from paying fees, and so are people making applications under the Domestic Violence concessions. There are other exemptions which are subject to change and not included in this glossary.

    Date checked: 8 December 2017

    Fee waiver

    The Home Office charges a fee to anyone who makes an application for permission to enter or stay in the UK on the basis of immigration (non-asylum) rules. If a person cannot afford to pay the fee for making their immigration application then they will need to provide evidence about their financial situation and apply for a ‘fee waiver’ at the same time as they make their application. If the application is successful then their application will be considered by the Home Office without the need to pay a fee.

    Fee waivers are not available for all applications. Only applications that allow people to access their rights under the European Convention on Human Rights can benefit from the fee waiver system.

    Date checked: 8 December 2017

    First-tier tribunal (Immigration and Asylum Chamber)

    If the Home Office refuses your application and you have a right of appeal, you must make your appeal to the First Tier Tribunal (Immigration and Asylum Chamber) “FTT(IAC)”. The FTT(IAC) is a court that can look at the decision made by the Home Office, the application you made, and also any additional evidence you can provide, and then make its own decision about your application. That decision will replace the Home Office decision, and will give reasons in a document known as a ‘determination’.

    If the FTT(IAC) refuses the appeal then there may be a right of appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you can show that the FTT(IAC) made a mistake about the law.

    Date checked: 8 December 2017

    Foster Care

    When a child under 16 is put in care by the state they will often go to live in foster care. A foster carer is an ordinary person who opens their home to provide care to children who do not have family to look after them. Some children need to live in foster care for a short period of time and other children need a home for a longer period.

    Date checked: 15 December 2017

    Fresh claim

    When a person has been refused asylum, and all of their appeals against the decision have failed, their asylum claim will be at the end, and they will be ‘Appeal Rights Exhausted’ (ARE). They will not have any right to stay in the UK.

    A person who is ARE may be able to make a fresh claim for asylum if they can provide new evidence that the Home Office has not seen before, and if this evidence has a chance to persuade the Home Office to make a different decision.

    The new evidence must be sent to the Home Office with an explanation of why it was not provided before, and why it should change the decision already made. If the Home Office accepts that the evidence really is new and could change their decision, they have to look at the case again and make a new decision.

    An immigration lawyer can give advice about how to make a fresh claim.

    Date checked: 8 December 2017

    Further Education

    Further education means school or college, apprenticeships, and work with training, usually for people aged sixteen or over until they are 18.

    Date checked: 8 December 2017

  • H

    HC1 form

    People with a low income, including asylum seekers, can get help to pay for some medical costs such as prescription charges, dental treatment charges, or the cost of travel to medical appointments. They must fill in the HC1 form. If they are eligible to receive full help with medical costs they will receive an HC2 certificate.

    Date checked: 8 December 2017

    HC2 certificate

    People with a low income, including asylum seekers, can get help to pay for some medical costs such as prescription charges, dental treatment charges, or the cost of travel. They must fill in the HC1 form. If they are eligible to receive full help with medical costs they will receive an HC2 certificate.

    Date checked: 8 December 2017

    Higher Education

    Higher education courses are usually for people who are 18 or older. They are taught in universities, colleges, or specialist institutions like art schools or agricultural colleges. Higher education qualifications include NVQs, diplomas, bachelor degrees, foundation degrees, and post-graduate degrees.

    Date checked: 8 December 2017

    Home Office

    The Home Office is the lead department of the UK government responsible for law and order, and control of the UK’s borders. The Home Office includes the departments in the government responsible for deciding which foreign nationals are allow to remain in the UK, and the conditions upon which they can stay.

    When a person applies to stay in the UK their application is made to the Home Office.

    Date checked: 8 December 2017

    Home Office case worker

    A Home Office case worker is a person employed by the Home office to consider applications for permission to remain in the UK.

    A Home Office caseworker considering an immigration application will usually just examine the application and evidence provided, and compare this with information and guidance that the government has..They may contact the applicant if they want additional information.

    A Home Office caseworker considering an asylum application does not just look at paperwork. They will usually hear a person’s claim for asylum in an interview, examine all the evidence that they provide about their claim, and compare this with information and guidance that the government has. They will use all of this to make a decision about what kind of permission the person might be given to stay in the UK.

    If a person has been referred to the National Referral Mechanism (NMR) then a different Home Officer caseworker will make a decision about their trafficking case.

    Date checked: 15 December 2017

    Home or Overseas Students

    If a person wants to attend higher education in the UK, they have to pay money for their course. The amount that they will pay depends on whether they are classed as a Home Student or an Overseas Student. Generally, British citizens, EEA nationals, refugees, those with Humanitarian protection and those with Indefinite Leave to Remain count as home students so they pay the lower rate. Overseas Students pay much more. However, the law is complicated and changes a lot, so working out who counts as what is often difficult.

    Date checked: 8 December 2017

    Hostile environment

    Since 2012, the UK government has introduced laws and policies to create a hostile environment for migrants who do not have the right to stay in the UK. These laws have made it harder to access housing, employment, healthcare and public services if you cannot prove that you are allowed to be in the country. Other changes introduced under the strategy make it difficult for undocumented or irregular migrants to open bank accounts, get driving licenses, and fight their legal cases.

    Date checked: 15 December 2017

    Human rights claim

    A human rights claim is a kind of immigration application that a person can make if they believe that to remove them from or require them to leave the UK or to refuse them entry into the UK would be unlawful under section 6 of the Human Rights Act 1998. In other words, the claim is that they have a right to stay in the UK based on one or more of the rights contained in the European Human Rights Convention.

    Date checked: 6 May 2019

    Humanitarian Protection (HP)

    If a person is not a refugee because their situation does not fit the legal definition of a refugee (perhaps because the reason for their persecution is not one of the five ‘grounds’ mentioned in the Refugee Convention), but they cannot return to their country of origin because they still might face serious harm (to their life or freedom), they should receive Humanitarian Protection.

    This used to be very similar to refugee status and allowed people to live and work in the UK for 5 years, after which they could apply to settle in the UK. However, following the Nationality and Borders Act 2022 (NABA), anyone who applies for asylum after 28 June 2022 and is granted Humanitarian Protection can only be granted ‘temporary humanitarian protection permission to stay.’

    This means they will be given permission to stay for 30 months which they will need to renew three times before they can apply for Indefinite Leave to Remain (ILR) after 10 years. Their rights to family reunion will also be limited.

    Date checked: 22 June 2023

  • I

    Immigration Enforcement

    Immigration enforcement is the part of the Home Office responsible for making sure that the UKÕs immigration laws are obeyed.

    Date checked: 8 December 2017

    Immigration Health Surcharge (IHS)

    Anyone applying for permission to enter or stay in the UK for more than 6 months needs to pay the Immigration Health Surcharge (IHS) when they make their application. This payment is in addition to the visa application fee. You have to pay it even if you have private medical insurance.

    Paying the IHS means that you will be entitled to use the NHS (National Health Service) in the UK. You may still need to pay for certain types of services such as dental treatments and eye tests.

    If you are applying for settlement (Indefinite Leave to Remain) you do not have to pay the IHS.

    At present people from the EEA do not have to pay the IHS.

    Date checked: 8 December 2017

    Immigration judge

    An immigration judge is a person appointed by the head of the judicial system to listen to and decide on appeals to the first-tier and upper tribunals of the Immigration and Asylum Chamber.

    Date checked: 8 December 2017

    Immigration lawyer

    A lawyer is someone who knows and understands the law. An immigration lawyer knows the laws and policies that the Home Office will use to make a decision on an asylum or immigration application

    Date checked: 8 December 2017

    Immigration removal centre

    Immigration removal centres are detention centres – places used to imprison people under immigration laws. This can include people at any stage of the asylum process, not (as you might think from the name) just before removal.

    However, other than where someone is having their asylum claim dealt with via a ‘fast track’ procedure, detention is usually only allowed where there is a good prospect that they will be removed from the UK very soon.

    Date checked: 8 December 2017

    Immigration status

    For people who are not British citizens, immigration status means the kind of permission they have (or don’t have) to stay in the UK. Asylum seeker, appeal rights exhausted, refugee, recipient of humanitarian protection, student visa holder, and indefinite leave to remain, are all examples of immigration statuses.

    Date checked: 15 December 2017

    Immigration status document

    Documents that show the type of immigration status a person has are called immigration status documents. This includes visas and biometric residence permits.

    In the past, the Home Office would issue a document known as an ‘Immigration Status Document’ if a person did not have a passport in which their proof of status could be placed. These documents are no longer issued, and have been replaced by Biometric Residence Permits (BRPs), but there may be a few people who still have one.

    Date checked: 8 December 2017

    In-country asylum application

    Many people claim asylum at the port (airport, train station, sea port) when they arrive in the UK. A person who applies for asylum after they have entered the UK will need to go to the Asylum Intake Unit in Croydon, South London, to lodge their claim. This is called making an in-country asylum application.

    Date checked: 15 December 2017

    Inadmissibility / inadmissible

    When the Home Office decides that an asylum claim is ‘inadmissible‘ this means that they do not think that it is valid, or they do not think that they have a duty to process it. The rules on inadmissibility have been strengthened by the Nationality and Borders Act 2022. This gives the Home Office the power to treat asylum claims made by people who have a ‘connection’ (this means a link) to a safe third country as ‘inadmissible.’ This safe third country can be any safe country that the person may have travelled through on their way to the UK.

    When it is decided that a person’s asylum claim is ‘inadmissible,’ the Home Office can attempt to remove them to a ‘safe’ country, where their asylum claim will be processed. To be clear, this does not mean that the person will be removed to the safe third country that they passed through – it might be another country that the Home Office has decided is ‘safe.’ For example, in April 2022, the Rwandan government agreed to host asylum seekers transferred from the UK and process their asylum claims, although at the time of writing this entry the UK government has so far not been able to send any asylum seekers to Rwanda.

    If the Home Office is not able to remove someone to a ‘safe’ country then that person will eventually be allowed to claim asylum in the UK. However, the inadmissibility rules add more delays to the already-long process of claiming asylum, so it can mean a long time to wait for a decision.

    If the Home Office decide to investigate whether an asylum claim should be treated as inadmissible, they will give the person who is claiming asylum a document called a ‘Notice of Intent.’ They are likely to give this to them after the screening interview and before the main asylum interview.

    Some time after issuing the Notice of Intent, the Home Office will make a formal decision about whether they will apply the inadmissibility rule to the asylum claim. The Home Office say that the Notice of Intent is not an official ‘decision’ on the asylum claim, but a determination that the claim is inadmissible. The Home Office is also likely to certify many such claims, which means that there will be no right to appeal the decision of inadmissibility, or possibly no appeal right from within the UK. In such a situation the only way to challenge the inadmissibility decision is through Judicial Review.

    Date checked: 29 June 2023

    Indefinite Leave to Enter (ILE)

    Indefinite Leave to Enter is a type of permission to stay in the UK which is given to people who apply to live in the UK from abroad. It means the person has no time limit on their stay and can stay in the UK as long as they want to, and forever if they choose. This permission is granted to people who are not yet in the UK, such as children joining their parents.

    Indefinite Leave to Enter can be taken back (or ‘revoked’) if the person commits a serious crime. Indefinite Leave to Enter can also be lost if the person leaves the UK and stays outside the country for 2 years or more.

    Date checked: 8 December 2017

    Indefinite Leave to Remain (ILR)

    Indefinite Leave to Remain (ILR) is a type of permission to stay in the UK which is given to people who are already in the country. It means the person has no time limit on their stay, and can stay in the UK as long as they want to, and forever if they choose.

    Indefinite Leave to Remain can be taken back (or ‘revoked’) if the person commits a serious crime. Indefinite Leave to Remain can also be lost if the person leaves the UK and stays outside the country for 2 years or more.

    Date checked: 8 December 2017

    Independent Reviewing Officer

    When a child is placed in the care of a local authority, an Independent Reviewing Officer (IRO) will make sure that they are happy with where they’ve been housed, and that social services are doing all they should be doing. An IRO is independent and separate from social workers.

    An IRO should check that the child’s care plan is right for their future, that everyone listens to what they have to say and considers it carefully, and that everyone is keeping to their part of the plan. The IRO should meet with the child at least every six months. The child should tell their IRO if there are any problems with their care or if they feel their social worker isn’t listening to them.

    Date checked: 15 December 2017

    Informal care arrangements

    The UK authorities have to make sure there are suitable care arrangements for any child who is separated from their parents. Sometimes this means the child will stay with a foster carer, but sometimes a member of the child’s extended family, like a grandparent, aunt or uncle, provides the care. These are called informal care arrangements because they are not monitored as closely as arrangements like fostering.

    Date checked: 15 December 2017

    International protection

    When someone is unsafe in the country they are from, they can find safety in another country. This is called international protection. Countries like the UK give different types of international protection depending on the kind of danger that the person faces.

    Examples of international protection are refugee status and humanitarian protection.

    Date checked: 8 December 2017

    Interpreter

    An interpreter is a person who can speak two (or more) languages well, and can therefore assist people who know only one of those languages to understand each other.

    An interpreter’s job is to make sure that all the words a person speaks are translated clearly exactly as they said them, and to translate all the words that are said to that person clearly into their own language, so that they can understand. An interpreter should not tell you what to say, or what not to say.

    There should always be an interpreter available to help at a formal interview such as an asylum interview, or a doctor’s appointment, for example.

    If you don’t understand your interpreter well, if you think they are not translating everything, or if you have any other worries then you must tell someone. In most cases there is the right to ask for another interpreter.

    Date checked: 15 December 2017

    IS96

    An asylum seeker who applies for asylum as soon as they arrive in the UK may be granted temporary admission to the UK and given an IS96 letter. IS96 letters may also be given to people who are released from detention. The letter states the conditions of temporary admission, which will include a requirement that the person must report regularly to the Home Office, a requirement that the person must live at a particular address, and that they may not work.

    Date checked: 15 December 2017

    IS96

    In the past, an asylum seeker who applied for asylum as soon as they arrive in the UK may have been granted “temporary admission” to the UK and given an IS96 letter. IS96 letters were also be given to people who are released from detention. This letter stated the conditions of temporary admission, which will include a requirement that the person must report regularly to the Home Office, a requirement that the person must live at a particular address, and that they may not work.

    Date checked: 6 May 2019

  • J

    Judicial Review

    A judicial review is a special type of court proceeding where a judge looks at whether a decision or action made by a public body was lawful.

    In other words, a judicial review looks at the way in which a decision has been made and decides whether the way the decision was made followed the law and policy properly. It does not look at whether the conclusion reached was right or wrong. A Judicial Review is only possible when there is no other way to challenge the public authority that has made the decision that is alleged to be unlawful.

    Sometimes, if there is no right to appeal a decision made about an immigration or asylum case, it may be possible to bring a judicial review. Legal advice is always recommended because this procedure is very formal.

    Date checked: 15 December 2017

  • K

    Kinship Care

    When a child who cannot be looked after by their parent is cared for by a close relative, for example by a grandparent, sibling, aunt, uncle or step-parent, this is referred to as kinship Care.

    Date checked: 8 December 2017

  • L

    Lawful residence

    Any time spent in the UK at a point when the person has or had permission to remain in the UK is considered to be lawful residence. This can include time spent waiting for a decision on an extension of leave to remain (provided that the application for an extension was submitted before the previous period of leave to remain ended), or an appeal against refusal of leave to remain (provided that both the application and the appeal were submitted within the applicable deadline).

    Date checked: 8 December 2017

    Lawfully present

    If someone has permission to remain in the UK, or is waiting for a decision on an application to extend their permission (provided that their application was submitted before their previous permission to remain ended), or if they are appealing a decision refusing permission to stay, that person is lawfully present in the UK.

    Date checked: 8 December 2017

    Leave to remain

    Leave to remain is another way of saying permission to stay in the UK. Sometimes leave to remain comes with a time limit, or with other conditions that say how a person should behave or what they are entitled to as long as they stay in the UK. For example, these conditions may say whether you can access welfare benefits, whether you can work, and if so for how many hours.

    Date checked: 15 December 2017

    Leaving care provisions

    If a young person has been in the care of a local authority for a certain amount of time as a child, they will receive support from the local authority even after they turn 18. This is called leaving care provisions, and it helps them to care for themselves, set future goals and enter into adulthood safely.

    Date checked: 8 December 2017

    Legal advice / Legal representation

    When a case goes to court, it is important that both sides of the case are heard. Speaking in support of one side is called representing that side.

    If you are going to court then you can represent yourself, or ask a lawyer to represent you. This is legal representation, and in most cases using a lawyer is the best idea they know more about the law and are more likely to win the case.

    Date checked: 15 December 2017

    Legal aid

    When someone has legal problems but cannot afford to pay a lawyer, they may be able to get free advice or representation from a lawyer that is paid for by legal aid. In the UK Legal Aid can only be given for certain types of cases. Legal aid is provided by the government, but this does not mean that lawyers who are paid through legal aid work for the government.

    Date checked: 8 December 2017

    Legal Aid Agency (LAA)

    The Legal Aid Agency (LAA) is in charge of the money that the government provides for legal advice and assistance services for those who cannot afford to pay themselves.

    The Legal Aid Agency makes some of the decisions about who can get legal aid, and also decides whether or not to pay lawyers for the work they have done.

    Date checked: 8 December 2017

    Limited Leave to Remain

    When a person is granted permission to remain in the UK only for a certain time period (and sometimes with other conditions attached), this is called limited leave to remain.

    Date checked: 8 December 2017

    Live asylum cases

    An asylum case that has not yet been decided is known as a live asylum case.

    Date checked: 8 December 2017

    Local Authority

    Responsibility for the day-to-day running of services in a local area belongs to the local authority. Along with other things, the local authority is responsible for monitoring the welfare of children in the area, and they are responsible for looking after children who do not have a responsible adult to take care of them.

    Date checked: 8 December 2017

    Looked after child

    When a local authority has to provide a child under the age of 18 with somewhere to stay, even if only for one night, because there is no responsible adult who can look after them, that child is called a looked after child.

    Date checked: 8 December 2017

  • M

    Mediation

    Sometimes it is possible to stop a disagreement or conflict going to court by using mediation. This is when someone who is not involved in the argument steps in to help bring about a solution that both sides are happy with.

    Mediation is especially useful if the people involved in the conflict do not have a good relationship, because mediation helps them to communicate.

    Mediation is not used in immigration and asylum cases.

    Date checked: 8 December 2017

    Medico Legal Report (MLR)

    A Medico Legal Report or MLR is a document produced by a doctor or other qualified clinician as an expert witness, which can be used to support an asylum application as evidence of past experiences of persecution, torture, exploitation and psychological trauma, and/or as evidence of vulnerability, and/or as evidence of medical/psychological needs.

    Date checked: 6 May 2019

    Modern slavery

    If a person is transported to another country against their will, or if they are tricked into travelling, or if they are forced to work or to have sex, or if they have to work in poor conditions that do not meet legal requirements, or if they are working because they fear someone might hurt their family, they might be a victim of modern slavery or trafficking.

    Children, unlike adults, are not considered able to give ‘informed consent’ to their own exploitation, so in children’s cases it is not necessary to consider the means used for the exploitation – such as whether they were forced, coerced or deceived into working or sexual activities, for example. It is enough just to show that they were exploited.

    The UK has a special set of laws to protect people against this kind of treatment and a process called the National Referral Mechanism or NRM (see the separate entry on the NRM). Call the Modern Slavery Helpline for advice at any time on 08000 121 700.

    Date checked: 22 June 2023

  • N

    National Asylum Allocation Unit (NAAU)

    After the welfare interview, a child’s asylum claim will pass to the National Asylum Allocation Unit (NAAU), who will decide what route the asylum application should take.

    Date checked: 15 December 2017

    National Referral Mechanism (NRM)

    The National Referral Mechanism or NRM is a system for identifying people who have been trafficked or victims of modern slavery, and for making sure that these people receive the protection and support that they need.

    After a person has been referred by a ‘First responder’ organisation to the NRM, the case will be investigated and a ‘reasonable grounds decision’ will be made by the Home Office. If the reasonable grounds decision is ‘positive’ then the person can get legal aid to help with their case and they will be allowed to stay in the UK for at least another 30 days while the NRM makes more investigations. If the reasonable grounds decision is negative the NRM will close the case and there is no formal appeal.

    After a reasonable grounds decision and further investigation, the NRM must then make a ‘conclusive grounds decision‘. If this decision is positive then the person is recognised as having been trafficked, and they may be given 12 months’ leave to remain in the UK. This decision is separate from any decision about asylum although both decisions are made by the Home Office, and the Home Office may use evidence it gathers in relation to both processes for either decision.

    Date checked: 22 June 2023

    National Transfer Protocol

    The national transfer protocol is a system for local authorities to send unaccompanied asylum-seeking children to a different local authority if they already have a lot of children to look after. The local authority that the child is to be sent to must agree to the transfer and be properly prepared to receive the child.

    Date checked: 8 December 2017

    Nationality and Borders Act 2022 (NABA)

    In 2022 UK Parliament passed laws that change the way refugees are treated and welcomed in the UK. The laws are part of the Nationality and Borders Act 2022 (NABA). Unfortunately, the Act appears to undermine the right to seek asylum in several ways. UNHCR has said that some provisions are in breach of the Refugee Convention. They have said that they are particularly concerned about its new powers that aim to prevent people applying for asylum, push responsibilities for refugee protection to other states, and criminalise new arrivals.

    One of the things this law does is to categorise refugees into two groups, based on how they arrive in the UK. These groups receive different access to rights and protection. People arriving through so-called ‘illegal routes,’ such as on small boats, may not be able to apply for asylum in the UK or only receive temporary protection.

    People granted Humanitarian Protection are now not be eligible to apply for indefinite leave to remain until they have lived lawfully in the UK for 10 years. Before NABA, it used to be that people with Humanitarian Protection were granted leave for 5 years and could then apply to stay permanently in the UK.

    Another change is that the Home Office now has the power to give a Priority Removal Notice (or PRN) to anybody living in the UK without immigration status. The PRN will ask that the person reply to the Home Office with any new reasons for wishing to stay in the UK along with evidence to prove this. People who do not send in evidence before the PRN deadline will be negatively affected in their appeals and the evidence that they submit may be viewed as less important. People who are referred as victims of trafficking may also face penalties for the late submission of evidence. And furthermore, people whose claims have been certified will have no right of appeal inside or outside the UK.

    However, it may be some time before the effects of NABA are fully understood. This is because regulations (the formal guidelines) on how parts of NABA will work in practice have not yet been implemented and because there are likely to be court challenges regarding the legality of certain sections of NABA under UK and international law.

    Date checked: 22 June 2023

    No Recourse to Public Funds (NRPF)

    Public funds are benefits like welfare, unemployment and housing payments, that are usually available to British nationals, EEA nationals, refugees, people with humanitarian protection and people with indefinite leave to enter or remain. Sometimes people who are allowed to stay in the UK on a visa are not allowed these benefits. This is called having Òno recourse to public funds.Ó

    Date checked: 8 December 2017

  • O

    Overstayer

    If someone was given permission to stay in the UK for a certain amount of time, but they have remained in the UK for longer than this, then they can be described as an overstayer. Overstaying is a crime and could stop you from being able to stay in the UK in the future.

    Date checked: 8 December 2017

  • P

    PIQ (Preliminary information questionnaire for asylum claims)

    A PIQ (preliminary information questionnaire for asylum claims) is a form that the Home Office might send to someone who has claimed asylum and already attended a screening interview, before their main asylum interview.

    A lawyer’s help is normally needed to complete the questionnaire which must be returned by the deadline. It is possible to ask for more time for example if the asylum seeker needs to find legal advice. The PIQ is a chance to explain more about the asylum seeker’s background before their interview. It will include questions about why they are afraid of returning to their home country, what happened to them and when. It can also be used to explain why the asylum seeker might have said something in their screening interview that was wrong or could be used against them.

    Date checked: 22 June 2023

    Points Based System (PBS)

    For some immigration cases, the UK uses a points-based system to decide who should be allowed to live here. Under this system, points are awarded to the person based on things like their, education, work experience and the amount of money they have. If they have enough points, then they are allowed to work or study in the UK and will be granted a visa.

    Date checked: 8 December 2017

    Port of Entry

    The place where a person first enters the UK is known as their port of entry. This could be a ferry port like the one in Dover, or an airport. The Home Office expect asylum seekers to make their asylum claim as soon as possible at the port of entry but this is not always possible.

    Date checked: 8 December 2017

    Post-traumatic stress disorder (PTSD)

    Some people who have gone through very frightening, stressful or painful experiences may develop post-traumatic stress disorder. This is a mental health condition It can negatively affect how they feel, their sleeping patterns, and their everyday activities. It can also sometimes make them re-live their experiences in the form of flashbacks.

    People suffering from PTSD are likely to need to access specialist health services to help them to recover and manage their symptoms.

    Date checked: 8 December 2017

    Pre-settled status

    This is a type of status that someone may be given after they apply to the EU Settlement Scheme (EUSS). The EUSS is a special process to receive applications from European Union (EU) citizens who are currently living in the UK and wish to be allowed to remain in the UK after Brexit. Pre-settled status is temporary and usually granted where someone has been living in the UK for less than five years. If a person has pre-settled status they can stay in the UK for a further 5 years from the date they get pre-settled status, however if they spend too much time outside the UK, the Channel Islands or the Isle of Man they can lose this status.

    To be able to continue to stay in the UK a person with pre-settled status must apply to the EUSS. They can apply to switch to a more permanent ‘settled status’ usually after they have lived in the UK for 5 years in a row (known as ‘continuous residence’), counted from the day the continuous residence started.

    Date checked: 22 June 2023

    Private fostering

    When a child under the age of 16 (or 18 if they have a disability) is cared for by someone who is not their parent or a close relative, this is known as private fostering. This is a private arrangement made between the parent and the carer for 28 days or more.

    Date checked: 8 December 2017

    Protection needs

    If the health, welfare, safety or development of a child is under threat, then they have protection needs.

    Date checked: 8 December 2017

    Public Funds

    Public funds means money that is given to people to make sure that they can look after themselves (to pay for things like housing, childcare, and living costs if they do not have a job for example). Discounts on their tax bills (tax credits) are also known as public funds. A full list of public funds can be found here: https://www.gov.uk/government/publications/public-funds–2/public-funds

    Date checked: 15 December 2017

  • R

    Reasonable grounds

    The National Referral Mechanism or NRM is a system for identifying people who have been trafficked or victims of modern slavery, and for making sure that these people receive the protection and support that they need.

    After a person has been referred by a ‘First responder’ organisation to the NRM, the case will be investigated and a ‘reasonable grounds decision’ will be made by the Home Office. This is a decision about whether there are ‘reasonable grounds’ to suspect that the person is a victim of modern slavery. If the decision is ‘positive’ then the person can get legal aid to help with their case and they will be allowed to stay in the UK for at least another 30 days while the NRM makes more investigations. If the reasonable grounds decision is negative the NRM will close the case and there is no formal appeal.

    After a reasonable grounds decision and further investigation, the NRM must then make a ‘conclusive grounds decision’. If this decision is positive then the person is recognised as having been trafficked, and they may be given 12 months’ leave to remain in the UK. This decision is separate from any decision about asylum although both decisions are made by the Home Office, and the Home Office may use evidence it gathers in relation to both processes for either decision.

    Date checked: 22 June 2023

    Refugee

    The most common meaning of refugee is someone who has left their home country because they are afraid of being persecuted (this means they fear being killed or other serious harm) for one of five reasons: race, religion, nationality, political opinion or social group. Such a person can be recognised as a refugee under the 1951 Geneva Convention relating to the status of refugees.

    There are other definitions of refugee under different international treaties which can include people who have left their country because they fear serious harm – which does not have to be for any of the five reasons listed above.

    Different countries recognise different types of refugees, but under international law all countries should ensure that 1951 Geneva Convention refugees are not returned to their home country and should give them certain rights.

    Date checked: 15 December 2017

    Refugee Convention, Geneva Convention

    Different countries recognise different types of refugees and there are several internationally agreed definitions of “refugee”. Some of the definitions are wider than others.

    The most famous and the most used definition of refugees is in the 1951 Geneva Convention relating to the status of refugees. The 1951 Convention says that a refugee is a person who has left their home country because they are afraid of being persecuted (this means they fear being killed or other serious harm) for one of five reasons: race, religion, nationality, political opinion or social group.

    Under international law all countries should ensure that 1951 Geneva Convention refugees are not returned to their home country and should give them certain rights.

    Date checked: 6 May 2019

    Regularise stay / status

    When someone living in the UK without permission to stay there applies successfully permission to stay, we can say that they have regularised their stay. If their application to stay is refused then their stay will remain ‘irregular’.

    Date checked: 8 December 2017

    Responsible Adult

    When a child is interviewed by the police or the home office a responsible adult (also called an appropriate adult) should be there with them. Their role is to protect the rights of the child, making sure they understand the legal process and are able to communicate with the interviewer. A responsible or appropriate adult might be a parent, foster parent, social worker, refugee support organisation worker, or a guardian, but they should also be someone the child knows and trusts.

    Date checked: 8 December 2017

  • S

    Screening

    An asylum seeker registers their asylum application at a ‘screening’ (or ‘screening interview’). This is a meeting with an immigration officer. For unaccompanied children, this meeting is called a ‘welfare interview.’ At the welfare interview the immigration officer will complete a welfare form about the child’s personal and family information and about their needs and welfare.

    Asylum seekers can have their screening at the UK border (or ‘port’) if they claim asylum as soon as they arrive. Asylum seekers can also be screened while they are staying in the UK if they apply for asylum later on. In this case they will generally need to go to the Asylum Screening Unit in Croydon. Unaccompanied children can however have their “welfare interview” locally if there is a closer branch of the Home Office.

    Date checked: 6 May 2019

    Section 3C leave

    If a person is given permission to remain in the UK for a limited period of time, they will need to apply to the government for permission to stay longer if they want to stay longer than their residence permit allows. Any application must be made before the previous period of permission finishes. UK Immigration law says that when a person makes a valid in-time application (this means that they apply before their previous period of permission ends) then their permission to stay will automatically extend until a decision is made on the new application (and any appeal, if applicable).

    This is known as section 3C leave because it is named after s.3C of the Immigration Act 1971 which is the source of this law.

    This means that the rights and entitlements of their original permission are held in place until the application, or any appeals against a decision made about the application, have been processed.

    Although s.3C leave was designed to prevent people who were awaiting a decision from experiencing problems, unfortunately there are lots of practical difficulties, because the Home Office does not issue any documentation to a person with s.3C leave, and therefore employers and service providers do not always understand what it means and think that the person no longer has permission to stay, because they cannot provide any documents to prove that they are in the UK lawfully at that point, or what their rights and entitlements are.

    Date checked: 8 December 2017

    Separated child

    A person under 18 who is not living with their parent or main caregiver is known as a separated child.

    Date checked: 8 December 2017

    Settled Status

    This is a type of status that someone may be given after they apply to the EU Settlement Scheme (EUSS). The EUSS is a special process to receive applications from European Union (EU) citizens who are currently living in the UK and wish to be allowed to remain in the UK after Brexit. Settled status is usually granted where a person has already lived in the UK for a continuous 5-year period (known as ‘continuous residence’). Settled status allows a person to stay in the UK for as long as they like. However, if a person spends too much time outside the UK, the Channel Islands or the Isle of Man they can lose this status. It is usually possible to apply for citizenship once a person has had settled status for 12 months.

    Date checked: 22 June 2023

    Social Services

    Social services is the phrase used to describe services provided by the government (or local government) for the benefit of the community, and to try to ensure that everyone has an equal chance in life regardless of their financial situation. Social services include education, healthcare, employment support and childrenÕs services, among others. Social Services are particularly important for those who are vulnerable (because of their age, ill-health or disability) and who do not have anyone else to care for them.

    Date checked: 8 December 2017

    Social Worker

    Social workers are people whose job is to help individuals and families or groups. They are employed by the local authority. They try to protect vulnerable people from harm and support them to live independently and improve their lives. In the case of children and young people who are looked after, the social worker is responsible for managing their care plan.

    Date checked: 8 December 2017

    Statement of Evidence Form (SEF)

    After a person has made an asylum claim at the port of entry or at the Asylum Intake Unit (AIU) in Croydon, they will be asked to fill in a form that explains why they are asking for asylum. This form is called the Statement of Evidence Form or SEF.

    This form is usually only given to children, who should be helped by an interpreter, legal representative and/or social worker to complete the form. Confusingly, the main asylum interview for adults is sometimes called the SEF interview, although adults are no longer asked to complete this form.

    Date checked: 8 December 2017

    Statutory agencies

    The UK government often asks organisations to carry out work on their behalf. The government writes laws (legislation) to ensure that these organisations do the right thing. Any organisation that carries out such work is known as a statutory agency.

    Date checked: 8 December 2017

    Staying Put arrangements

    Sometimes, people who have lived in foster care during childhood will want to continue to stay with their foster parent after their 18th birthday – just as many young people living in birth families continue to live with their parents after they become 18. People who have lived in foster care can make arrangements, known as staying put arrangements, to do this. Their foster carers must agree to the arrangement.

    Date checked: 8 December 2017

    Streamlined asylum processing

    In early 2023, the Home Office introduced a new ‘streamlined asylum processing’ policy, where some people seeking asylum have to complete a questionnaire (this means a form) insteadof having an interview. The Home Office can then make a positive decision about their asylum application before any interview happens. However, if the Home Office cannot make a positive decision after reading the questionnaire, they should then arrange an interview. The purpose of this is to make the process quicker.

    This policy is for adults only, from certain countries. The questionnaires should not be confused with a PIQ (preliminary information questionnaire for asylum claims), which is a different questionnaire that is filled in before a main asylum interview.

    Date checked: 22 June 2023

    Subject Access Request (SAR)

    If a person wants to find out what information is held about them by the Home Office, they can make a subject access request (or SAR) to see any documents that refer to them. In order to make such a request, they must be able to prove their identity. Making a subject access request can be done online.

    Date checked: 6 May 2019

    Supported under section 17 Children Act 1989

    By law (the Children Act 1989), local authorities must take steps to protect the welfare and development of any child in need living in their area, and try to make sure that they are brought up by their families where possible. Children supported under section 17 Children Act 1989 and their families may receive advice, counselling, care or supervised activities, accommodation and sometimes financial help, depending on the needs of the child. Whatever their immigration status, no child can be excluded from s.17 support. Even those families who have no recourse to public funds may be eligible for support under section 17 if they have dependent children whose welfare might be affected if no support is provided.

    Date checked: 8 December 2017

    Supported under section 20 Children Act 1989

    The law says that local authorities must provide a place to live for children who do not have any parent or responsible adult to take care of them. Children who are lost or abandoned, or whose parents or carers cannot provide them with a suitable home, or who are over 16 and living separately from their parents but would be at risk if they do not have a home will be supported under section 20 of the Children Act 1989. Children who are cared for by the local authority under section 20 are often known as looked after children.

    Date checked: 8 December 2017

  • T

    Temporary admission (see IS96)

    In the past, an asylum seeker who applied for asylum as soon as they arrived in the UK may have been granted ‘temporary admission‘ to the UK. This was a kind of status that recognised the person’s presence in the UK without providing them with formal permission to stay in the UK under immigration laws. This status was provided while the Home Office decided whether that person met the rules for being allowed to stay in the UK, including as a refugee.

    In the past, most people who claimed asylum in the UK were given ‘temporary admission‘ while a decision was made on their case. The document that showed that they had temporary admission was called an IS96. If a person was held in immigration detention they could apply to the Home Office for temporary admission, and would be granted ‘temporary release’ from detention.

    This type of status no longer exists, and now any person subject to immigration control who does not have formal permission to stay in the UK will be granted ‘immigration bail’. Please see the entry on ‘immigration bail’ for further information.

    Date checked: 6 May 2019

    The 10-year route to settlement

    The ’10-year route’ to settlement describes the time period that some people have to wait until they receive the permanent right to stay in the UK. The permanent right to stay in the UK is called ‘settlement‘ and can also be called ‘Indefinite Leave to Remain’ or ILR. This route includes people who might not earn enough to qualify for a faster settlement route but who have a strong connection to the UK. A strong connection to the UK can include having close family in the UK (‘family life’), or having lived in the UK for a long time (‘private life’). People who have been given Humanitarian Protection since June 2022 must now also wait 10 years on the 10-year route until they can apply for settlement.

    People on the 10-year-route must have lived continuously and legally in the UK for 10 years before they can apply for settlement. Until that time, they must re-apply and pay for new visas every 30 months. This can be expensive and make families feel insecure. Sometimes there might be a ‘no recourse to public funds’ (NRPF) condition on the visa, which means that a person cannot access benefits or social housing if they need to. It can be possible to ask for the NRPF condition to be removed.

    Because 10 years is a very long time in the life of a child or young person, the government has accepted that some young people who entered the UK when they were children should qualify for Indefinite Leave to Remain (ILR) after having completed 5 years of leave to stay in the UK rather than 10 years. Please see the separate entry on ‘10-year concession.

    Date checked: 29 June 2023

    Therapist

    A therapist (or psychotherapist) is a person who helps people deal with stress or other problems when they are going through difficult times. Through therapy, people learn about themselves and discover ways to overcome difficulties or make changes in themselves or their situations. Often, it feels good just to have a person to talk to.

    Date checked: 8 December 2017

    Trafficking (in persons)

    Trafficking (in persons) means moving a person either inside a country or between two or more countries, by using threat, force or lies, so that they can be exploited. Exploitation means using someone for example to make money by forcing that person to have sex or to work, or to remove their organs.

    The rules for children are different. If a child has been moved for exploitation then they are a victim of trafficking no matter whether the child was threatened forced or lied to in order to make them move, regardless of whether threats, force or deception were used.

    Date checked: 15 December 2017

  • U

    UN Convention on the Rights of the Child (UNCRC)

    The United Nations Convention on the Rights of the Child (UNCRC) is a document that describes the civil, political, economic, social and cultural rights of every child. There are 54 special articles in the UNCRC. Each describes a different right or freedom and suggests what governments should do to make them all available to all children. Every country in the world but three (Somalia, South Sudan and the US) has agreed to the UNCRC.

    Date checked: 15 December 2017

    Unaccompanied Asylum Seeking Child (UASC)

    A child who is under 18 years, does not have any parent or responsible older adult to look after them, and is making a claim for asylum can be described as an unaccompanied asylum seeking child (UASC). The local authority will be responsible for their care and providing them with a home if the childÕs age is accepted as being under 18.

    An unaccompanied minor whose asylum claim has been finally refused can only be returned to their country of origin if arrangements to care for them are in place in the country. If no arrangements are possible then the child will be given limited leave to remain until they are 17 and a half years old. Often the child will be given limited leave to remain even though they can still appeal a refusal of their asylum claim.

    Date checked: 8 December 2017

    Unaccompanied minor or unaccompanied child

    This term is used a lot in relation to refugees and asylum seekers. A child who is under 18 years and does not have any parent or responsible older adult to look after them can be described as an unaccompanied minor or unaccompanied child. The local authority will be responsible for their care and providing them with a home if the child’s age is accepted as being under 18.

    Date checked: 15 December 2017

    Undocumented child

    Any person under 18 who is not able to show documentation that proves their identity or their right to stay in the UK (whether or not this documentation exists) can be described as an undocumented child. The fact that a child does not have any documentation to prove their immigration status or identity does not always mean that they are unlawfully present in the UK

    Date checked: 8 December 2017

    Unlawfully present

    A person who does not have any permission to enter or remain in the UK is likely to be ‘unlawfully present’ in the UK. The exception to this is (arguably) children born in the UK who do not have permission to remain. A child born in the UK has not entered the country illegally and so is not unlawfully present even though they don’t have any formal permission to be here.

    Date checked: 8 December 2017

    Upper Tribunal

    The Upper Tribunal hear appeals against decisions made by the First-tier Tribunal (Immigration and Asylum) relating to visa applications, asylum applications and the right to enter or stay in the UK. The Upper Tribunal also consider applications for judicial review of certain decisions made by the Home Office about immigration, asylum and human rights claims.

    Date checked: 6 May 2019

  • V

    Visa

    A visa is an endorsement (a stamp or document) on a passport indicating that the holder is allowed to enter, leave, or stay for a certain period of time in a country. They are usually issued before the person travels, and should show how long they are allowed to stay and other rules like whether they are allowed to work.

    Date checked: 8 December 2017

  • W

    Welfare

    Welfare means a person’s emotional, physical and social state of being.

    Date checked: 15 December 2017

    Welfare interview

    An asylum seeker registers their asylum application at a ‘screening’ (or ‘screening interview’). This is a meeting with an immigration officer. For unaccompanied children, this meeting is called a ‘welfare interview.’ At the welfare interview the immigration officer will complete a welfare form about the child’s personal and family information and about their needs and welfare.

    Asylum seekers can have their screening at the UK border (or ‘port’) if they claim asylum as soon as they arrive. Asylum seekers can also be screened while they are staying in the UK if they apply for asylum later on. In this case they will generally need to go to the Asylum Screening Unit in Croydon. Unaccompanied children can however have their “welfare interview” locally if there is a closer branch of the Home Office.

    Date checked: 6 May 2019

    Windrush

    People who arrived in the UK between 1948 and 1971 from Caribbean countries have been called the Windrush generation. This group includes British citizens who came to the UK from the Commonwealth as children following the Second World War, and whose rights were guaranteed in the Immigration Act of 1971. The Windrush generation is named after a British ship called the Empire Windrush, which arrived at Tilbury Docks in Essex carrying 492 Caribbean passengers in 1948.

    Many made the UK their home for their entire lives. However, under new immigation laws, these people were forced to prove that they had been living continuously in the UK since 1973. Proving this turned out to be almost impossible for people who did not keep detailed records. As a result, many people of the Windrush generation have been unable to access healthcare, or have been made redundant from their jobs, and even threatened with being removed from the UK.

    Date checked: 6 May 2019

  • Y

    Young Person/People

    Young Person/PeopleA young person generally means anyone aged 18-24.

     

     

    Date checked: 3 April 2019

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