Family Early Help
Learning More About Immigration Status and Asylum
This brilliant introduction to the immigration and asylum system in the UK is a great place to start if you have questions or want to learn about more about this complicated system. You can also share the link below with families, as it is an open access website.
https://righttoremain.org.uk/toolkit/
The Illegal Immigration Act 2023
This Act came into force on 20 July 2023. The Act contains a number of sweeping changes to the way immigration is approached, particularly around detention, removal and eligibility for grants of leave and citizenship. The impact of the Act on unaccompanied children and rights under the Children Act 1989 have been particularly highlighted.
You can read more about the Illegal Immigration Act 2023 from the Law Society here Illegal Migration Act | The Law Society and more about the concerns for children here Children's social care bodies unite against asylum bill that 'profoundly undermines Children Act' - Community Care
The information in these pages of our Guidebook is current as of August 2023, but with so many significant changes happening in the immigration system, please make sure families you are working with have access to qualified legal advice. These pages will be updated in the near future.
Types of Immigration Status
There are many different types of immigration status. It is important to know about them because they affect things like access to work, benefits, public services, housing applications and so on. You can find a list of different immigration status here:
This is a summary table of immigration status provided by Project 17 during their training:
Leave to Remain - What Does It Mean?
Leave to remain is an immigration status. Limited leave to remain means you can enter and stay in the UK for a limited period of time. Indefinite leave means the person can live and work in the UK for an unlimited time, without any need to apply for a visa extension
Limited leave to remain is usually granted on the condition that you maintain and accommodate yourself, and any dependents, without recourse to public funds. This means that for the duration of your stay in the UK you are likely to be excluded from any welfare benefits, as well as most forms of local authority housing and homelessness assistance.
You can read more about leave to remain here:
https://www.davidsonmorris.com/leave-to-remain/
What is a Zambrano Carer?
'Zambrano' carer is a term you may come across working with displaced families. A Zambrano carer is a person from a non-European Economic Area (EEA) state whose residence is required in order to enable a child or dependent adult who is British to live in the UK (or the rest of the EEA). Zambrano is named after Gerardo Ruiz Zambrano whose 'right to residence' case led to a change in European law.
If the child is a UK citizen, a parent or parents with sole care of the child also have a right to reside and work in the UK. However there are benefits and housing that Zambrano carers cannot access.
A Zambrano carer can apply for a derivative residence card. You’re eligible for a derivative residence card if you are the primary carer of someone who would have to leave the UK if you left (e.g. a child who is a UK resident).
You can read more about Zambrano carers here https://www.childrenslegalcentre.com/resources/derivative-rights-eea/
Immigration Status and Benefits
Here is a link that explains more about immigration status and impact on access to benefits
Immigration Status and Housing
Here is a link that explains more about immigration status and impact on access to housing
Immigration Status and Employment
Your right to work in the UK depends on your immigration status. If you don’t have the right to work, you might be able to apply for it. You automatically have the right to work in the UK if:
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you’re a British or Irish citizen
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you have pre-settled or settled status from the EU Settlement Scheme - or you’ve applied and you’re waiting for a decision
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you have a family permit from the EU Settlement Scheme
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you have indefinite leave to enter or remain in the UK
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you have right of abode in the UK
You might have a right to work in the UK if you have a visa with a time limit. This is called having 'limited leave to enter or remain’.
If you entered the UK illegally or your leave has ended, you don’t have the right to work in the UK.
You can find out more about immigration status and employment here Check if you have the right to work in the UK - Citizens Advice
Generally, people seeking asylum who have no recourse to public funds are not permitted to work. However, the immigration rules allow for you to request permission to work if you have been waiting for more than 12 months on your asylum claim “through no fault of your own”. This may be 12 months after initially claiming asylum, or 12 months after submitting further submissions to be considered as a fresh claim.
Almost everybody granted permission to work under this policy is only allowed to work in a job on the Home Office’s shortage occupation list.
You can find more information about this here Applying for Permission to Work (Asylum) – Right to Remain
Asylum Application Process and Decisions
Decisions about asylum applications are made by the Home Office. This can take some time and is a complicated process. We strongly advise that families seeking asylum get qualified legal advice and assistance (you can find sources of legal support on the Guidebook here Legal Support for Refugee Families | Family Early Help (camden.gov.uk) You must not provide legal advice unless you are qualified to do so.
You can find out more about how to claim asylum here What Happens When You Claim Asylum – Right to Remain
Before an asylum decision is made, the family will attend:
- a first screening interview - more information here Asylum Screening (First) Interview – Right to Remain
- a second substantive interview (known as the 'big interview') - more information here Asylum Substantive (Big) Interview – Right to Remain
Asylum decisions can be positive or negative. Negative decisions may be able to be appealed. You can find more information about asylum decisions here First Decision on an Asylum Claim – Right to Remain
After a Positive Asylum Decision - Things to Think About
After an asylum decision, there will be a lot for the family to think about and get help with. Home Office help will end 28 days after receiving a decision.
If the decision is positive, things to think about might include:
- getting a biometric residence permit (more information here Biometric Residence Permits and National Insurance Numbers | Family Early Help (camden.gov.uk)
- national insurance number
- housing
- benefits
- employment, training or education
- family reunification
- ESOL
Migrant Help are the agency contracted by the Home Office to provide move-on advice for people who have received an asylum decision. Contact details here What we do | Migrant Help (migranthelpuk.org)
Rainbow Migration have an excellent guide for when you have been granted a positive decision which you can find here A guide for when you have been granted refugee status - Rainbow Migration
Migrant Help also have a guide which you can find here Download.ashx (migranthelpuk.org)
After a Negative Asylum Decision - Things to Think About
If the decision is negative, things to think about might include:
- making an appeal - right to appeal and submitting an appeal
- what to do if you are 'appeal rights exhausted' (more information here Asylum: if you are “appeal rights exhausted” – Right to Remain
- moving on from your accommodation and what happens if you are appealing
- getting more legal advice
- supporting your children as you work through these options
There are circumstances where a negative asylum decision can be appealed. You can find out more here but again, make sure the family are connected to qualified legal advice Preparing an Appeal After a Home Office Refusal – Right to Remain
Whether positive or negative, the period after receiving a decision will be a stressful and worrying time for the family. Make sure to provide regular, consistent and compassionate help, and connect the family to emotional health support and community/peer support if they feel they would find it helpful.
After an Asylum Decision - Accommodation
When the family receive their asylum decision, they will be given notice by the Home Office to leave the accommodation they have been living in. Sometimes this can be come at very short notice which can be very distressing for the family.
The Home Office recently changed their policy (2023), and now families will receive their notice to vacate their accommodation at the same time they are provided with a decision on their asylum claim, meaning that their notice period will begin then.
The information below is from the Home Office
Where someone is given notice that their asylum claim has been granted, their appeal has been allowed or their asylum claim has been refused but they have been given leave to enter or remain, the prescribed period is 28 days.
In all other cases, the prescribed period is 21 days.
As per Regulation 22 of the Asylum Support Regulations, individuals will receive a ‘notice to quit’ support letter, which will be issued in writing at least 7 days before the individual’s accommodation and support payments are due to end. Where an individuals’ 21 or 28 day period has passed, but they have not received their 7 days’ notice, they will still receive the 7 days’ notice period.
Support the family to contact Camden Homelessness Prevention Team as soon as possible to discuss their options At risk of being homeless - Camden Council
Advice and Guidance
Spark and Co have produced a comprehensive web page full of support, advice and guidance around immigration, refuge and asylum and where to get help during COVID. More information here:
https://sparkandco.co.uk/resources/immigration-refugee-and-asylum/
The government has made a number of positive temporary changes to screening interviews, reporting condition and evictions. If you are working with a family affected by refugee status or seeking asylum, please see here before contacting the Home Office or legal services
Legal Support for Migrant Families
You can find a list of legal support for migrant families seeking asylum or who have NRPF on the Guidebook here https://ascpractice.camden.gov.uk/early-help-guide/family-early-help-covid-guidebook/legal-debt-welfare-and-other-advice/legal-support-for-refugee-families/
Project 17 for Migrant Children
Project 17 works to end destitution among migrant children. It works with families experiencing exceptional poverty to improve their access to local authority support. Project 17 provides advice and advocacy for families who have NRPF, a telephone advice line, and a funding for short term stays in emergency accommodation for families who find themselves street homeless. Contact details here
https://www.project17.org.uk/advice-support/
Migrant Help UK
Migrant Help UK provide support for people seeking asylum. This includes applying for accommodation and financial support under s95, to report issues with asylum accommodation, and any other advice needed during their asylum journey. They also provide specialist support and accommodation to victims of human trafficking and modern slavery, and their dependents. Their casework teams can help provide safe accommodation, develop support plans and facilitate access to key services.
Contact details here:
https://www.migranthelpuk.org/what-we-do
Asylum Support Appeals Project
ASAP provide representation, information and advice to try and reduce destitution for people seeking asylum. Their website also includes a range of factsheets
http://www.asaproject.org/about
Crossroads Women
An organisation in Kentish Town for women who are seeking asylum, including those who may be separated from their children. Crossroads Women offers:
- information on benefits, immigration, asylum and legal rights
- Receive address for discrimination of all kinds
- participate in self-help activities and peer support groups
- volunteering opportunities and access to training
- Support for their own initiatives or find out about other services.
More information here
http://crossroadswomen.net/what-we-do
Unity Project
Unity Project in Islington offer:
- weekly casework sessions every Tuesday with appointments and workshops for people with NRPF to help make ‘Change of Conditions’ applications for recourse to public funds. This means that people can access the welfare safety net in times of crisis or hardship.
- emergency material supplies
- train, supervise, support and learn from a team of empathetic and dedicated casework volunteers, many of whom have experienced the system first-hand, to become more effective in this work and future related work
More info here:
https://www.unity-project.org.uk/about-us
Free Clothing for Women and Children Seeking Asylum or NRPF
Give Your Best is a charity providing free women's clothes who are refugees, seeking asylum, destitute or with no recourse to public funds through access to choice. More information here
Windrush Legal Angels
This is an organisation of legal professionals, social workers and support workers offering support for people affected by the Windrush scheme, providing:
- Free legal support to apply for British Citizenship and naturalisation (Windrush Scheme); Free legal support to apply under the Compensation Scheme;
- Free Will-writing service
- Online support and virtual assistance with gathering the relevant documents and information;
- Outreach clinics (currently our outreach clinics take place on Zoom due to COVID-19 restrictions).
More information here