The Nationality and Borders Act 2022 introduced sweeping adjustments to asylum and immigration regulation within the UK. The Act distinguishes between people who made a protection declare earlier than 28 June 2022, the graduation date of the Act, and people who claimed after that date. Changes embrace the size of leave to remain granted if a declare is profitable and in flip the size of time earlier than a person is eligible to apply for indefinite leave to remain or settlement. This article has been revised to replicate these adjustments.
Before the brand new Act, all profitable functions for asylum or humanitarian protection within the UK resulted within the grant of 5 years leave to remain, on what is called a “protection route”. People granted leave on a protection route have been then eligible to apply for settlement on completion of their five-year interval. Under the brand new Immigration Rules, launched underneath the brand new Act, the date the protection declare was lodged turns into essential.
Where the protection declare was made earlier than 28 June 2022, people granted each refugee status and humanitarian protection will proceed to be granted 5 years leave to remain (also called permission to keep) and will likely be eligible for settlement on completion of these 5 years. Their functions for settlement will likely be made underneath the provisions of Appendix Settlement Protection.
Where a protection declare is made on or after 28 June 2022, the sort and size of leave granted on a profitable…
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