Different type of definitions and immigration status are:
– Refugee status with or without Indefinite Leave to Remain (ILR)
– Exceptional Leave to Remain (ELR), Exceptional Leave to Enter (ELE), Humanitarian Protection (HP) or Discretionary Leave (DL)
– Indefinite Leave to Remain (ILR)
– Asylum seekers
– Proof of Immigration Status
- Refugee status with or without Indefinite Leave to Remain (ILR)
Refugee status is given when the Home Office considers that the person fits into the definition as set out by the 1951 UN Convention Relating to Refugees. According to this definition, as refugee is a person who:
has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion
is outside the country they belong to or normally reside in
is unable or unwilling to return home for fear of persecution.
From 30th August 2005 people given refugee status will no longer qualify automatically for ILR but will instead be given leave for 5 years.
- Exceptional Leave to Remain (ELR), Exceptional Leave to Enter (ELE), Humanitarian Protection (HP) or Discretionary Leave (DL)
This is given when the case does not fit exactly into the strict definition of the 1951 UN Convention, but the applicant is given a discretionary right to stay for a specific period on humanitarian grounds. Currently applicants are given Humanitarian Protection (HP) or Discretionary Leave (DL). Up to April 2003 when the Home Office changed the system, they were given Exceptional Leave to Remain (ELR) or Exceptional Leave to Enter (ELE). At the end of the stated period (usually one to three years), the case is reviewed.
- Indefinite Leave to Remain (ILR)
Students may have ILR but not refugee status. This may be because they are given ILR under a backlog clearance scheme or because they have previously had ELR (see above) and at the end of the stated period, the case has been reviewed and they have been given ILR.
- Asylum seekers
Those who have not yet received an answer to their claim or who are appealing a negative decision
- Proof of Immigration Status
For those with refugee status and/or Indefinite Leave to Remain (ILR): Home Office letter or refugee travel document
For those with Humanitarian Protection (HP), Discretionary Leave to Remain or Exceptional Leave to Remain/Enter (ELR/ELE): Home Office letter
For those who are still asylum seekers: Application Registration Card (ARC) or Home Office letter/document
Due to changes in legislation and procedures, there are a number of documents in circulation showing immigration status. For more information see: www.refugeecouncil.org.uk >’Advice for Advisers’ on the Home Page> ‘Get our free regional support packs’.