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Implementation of Differentiated Refugee Status Regime (HC 17)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateJune 28, 2022
CategoryAsylum and refugee protection / status determination & rights
Policy toolDifferentiated status duration / reduced settlement rights
Affected groupAsylum seekers entering via irregular pathways

Policy effect

Established a differentiated status framework creating Group 1 (direct arrival, regular path) and Group 2 (irregular entry/transit through safe third countries) refugees; Group 2 refugees received temporary permission to stay (30 months) rather than 5 years and restricted access to settlement and family reunion.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… has granted an asylum applicant refugee status under paragraph 334, the asylum applicant may be granted permission to stay on a protection route at the same time as or as soon as possible after the grant of refugee status. Group 1 refugees and Group 2 refugees, as defined in section 12 of the Nationality and Borders Act 2022, may be granted different periods of permission to stay and subject to different conditions: (i) where the asylum applicant is a Group 1 refugee, they will be granted refugee permission to stay for a minimum period of 5 years; and (ii) where the asylum applicant is a Group 2 … refugee, they will be granted temporary refugee permission to stay for a minimum period of 30 months, unless exceptional circumstances apply. Permission to stay will be renewable upon application where the person still has and remains eligible for refugee status. Applications for further permission to stay under this Part should be made within the last 28 days of the applicant’s permission to stay. Page 13 of 24 339QB. Where the Secretary of State has granted an asylum applicant humanitarian protection under paragraph 339C, the asylum applicant will be granted temporary humanitarian permission … introduction, delete: “This route applies to a person who is already on a protection route – which means they have been granted refugee status or humanitarian protection in the UK.”. APP STP2. In the introduction, after “settlement on this route.”, insert: “Only those granted refugee status or humanitarian protection as a result of asylum applications made before 28 June 2022 or granted refugee status and refugee permission to stay on asylum applications made on or after 28 June 2022, are eligible to apply on the settlement protection route. Individuals who were granted refugee status and temporary refugee permission to stay or humanitarian protection and temporary humanitarian permission to stay following asylum applications made on or after 28 June 2022 are ineligible to apply on the settlement protection route”. APP STP3. In the introduction, for “Partners and children of a person with refugee status or humanitarian protection can also apply on this route if they have been granted permission as the dependant of such a person.”, substitute: “Partners and children of a person with refugee status or humanitarian protection who is eligible to apply on the settlement protection route …
Home Office / UK ParliamentUK Home Office, Statement of Changes in Immigration Rules: HC 17, 11 May 2022.Open official source
Retrieved from https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-17-11-may-2022

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp3-ca7f0d23f8b1bc1fbe91. Something wrong? Flag this record.

Other United Kingdom changes operative in 2022