Family Early Help
The Two Government Schemes for Afghan Refugees
The UK Government has announced two schemes that will support Afghan refugees who were part of the evacuation programme to resettle in this country:
- ARAP – Afghanistan Resettlement Assistance Programme - mainly people who served alongside British armed forces and locally employed staff
- ACRS – Afghanistan Citizen Resettlement Scheme – people who were called forward for evacuation in addition to ARAP and British nationals (people particularly at risk for example women, LGBT etc)
Because of the speed of the evacuation, it is possible that the refugees you work with won't yet know which scheme they are here under. To help them find out, you can call the Home Office Afghanistan Response Helpline (contact details here
You can read more about ARAP and ACRS here:
What Immigration Status do Afghan Refugees Have?
The UK Government has said all Afghan refugees who were evacuated will have indefinite leave to remain. Remember some people evacuated were British nationals and have British passports already.
Indefinite leave to remain (or ILR) means there are no time limits on their ability to stay in the UK. However, because of the speed of the evacuation, many Afghan refugees were given temporary visas. These are due to lapse at the end of February 2022. The Home Office is responsible for making sure those visas are either extended or that the application for ILR is made before that date.
You can read more about ILR here
https://immigrationbarrister.co.uk/indefinite-leave-to-remain-ilr-a-complete-guide/
and you can find more information about immigration statuses on the Guidebook here
If a family need legal advice on immigration, please connect them to a specialist legal service. You must not provide immigration advice yourself.
What Rights and Entitlements Do Afghan Refugees Have?
The most important rights that Afghan refugee children and their families have are their human rights and childrens rights. Its really important we centre our work around those rights, and do everything we can to protect and champion them, just as we would for any child and family we work with.
You can read more about human rights and childrens rights on the Guidebook here
All refugees and people seeking asylum or sanctuary in the UK have rights to:
- education - local authorities have a duty under s14 of the Education Act 1996 to provide full-time education for all children of compulsory school age resident in their geographical area. Refugee and asylum seeker children aged 5-16 have the same entitlement to full-time education as other children in the UK.
- healthcare - Refugees, asylum seekers and refused asylum seekers can register for and receive primary care free of charge in the same way as any other patient in any nation of the UK. This because immigration and residency status have no bearing on a patient’s entitlement to register with a GP practice. All refugees and asylum seekers with an active application or appeal can access the full range of secondary care services free of charge in any nation of the UK.
- Some NHS services are chargeable, and you can find more information here https://www.nrpfnetwork.org.uk/information-and-resources/rights-and-entitlements/nhs-treatment/prescriptions-dental-care-and-sight-tests
- protection - section 17 of the Childrens Act places a duty on all local authorities to safeguard and promote the welfare of children in need who are physically present in their geographical area.
Because evacuated Afghan refugees have been given indefinite leave to remain, they also have:
- right to work
- right to claim welfare benefits
How Can an Afghan Refugee Prove Their Immigration Status?
There are various ways in which ILR can be proved or documented:
- a Biometric Residence Permit (BRP). If you are settled in the UK your BRP will display either ‘Indefinite Leave to Remain’, ‘Indefinite Leave to Enter’, or ‘No Time Limit’;
- a No Time Limit (NTL) stamp in your passport (expired or otherwise), stating ‘There is at present no time limit on the holder’s stay in the United Kingdom’;
- an Indefinite Leave to Enter (ILE) stamp in your passport (expired or otherwise), stating ‘Given indefinite leave to enter the United Kingdom’;
- an ILR stamp in your passport (expired or otherwise), stating ‘given leave to remain in the UK for an indefinite period;
- an ILR endorsement in your passport (expired or otherwise);
- a letter from the Home Office confirming your right to remain indefinitely in the UK.
You can read more about proving immigration status, including what to do if you haven't got one of these documents, here
https://immigrationbarrister.co.uk/indefinite-leave-to-remain-ilr-a-complete-guide/
What is a Biometric Residence Permit?
A biometric residence permit (BRP) is proof of the holder’s right to stay, work or study in the UK. It can also be used as a form of identification (for example, if they wish to open a bank account in the UK).
People granted refugee status should be issued with a BRP by the Home Office. There has been a delay in getting BRPs to evacuated Afghan refugees. You can call the Home Office helpline if you need advice for a family on when they will receive their BRP.
You can also read more about BRPs here