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BRP says refugee settlement

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Zadewivz1
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BRP says refugee settlement

Post by Zadewivz1 » Sat Jul 30, 2016 11:48 am

I was granted Indefinite Leave to Remain and it says Refugee Settlement on the Biometric card. My problem is I can only apply for British Citizenship in 2019 because my application was refused due to the Good Character assessment. Is it possible to go to my country of origin since I have ILR? Please help :(

motoaxis
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Re: BRP says refugee settlement

Post by motoaxis » Sat Jul 30, 2016 12:07 pm

If you have a valid ILR you can travel, as long as you return to the country within 2years. I don't think there will be any problem.

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Casa
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Re: BRP says refugee settlement

Post by Casa » Sat Jul 30, 2016 12:19 pm

If you return to the country from which you have claimed asylum, the Immigration Officer on your return may question the validity of your refugee status.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Zadewivz1
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Re: BRP says refugee settlement

Post by Zadewivz1 » Sat Jul 30, 2016 1:26 pm

I do have ILR but my worry is the fact that it says refugee settlement on the Biometric card where it says permit type.

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Casa
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Re: BRP says refugee settlement

Post by Casa » Sat Jul 30, 2016 2:45 pm

Which is why I made the comment in my post. ILR can be revoked if at any point your asylum claim is found to be false.

https://www.gov.uk/government/uploads/s ... ctober.pdf

See Section 2
3) a person, or someone of whom they are a dependant, ceases to be a refugee as a
result of the person’s own actions by:
a) voluntarily availing themselves of the protection of their country of
nationality;
b) voluntarily re-acquiring a lost nationality;
c) acquiring the nationality of a country other than the United Kingdom and
availing themselves of its protection; or
d) voluntarily establishing themselves in a country in respect of which they
were a refugee
.


See also:
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

Section 76(3) applies where someone has ceased to be a refugee as a
result of voluntary actions
that mean they no longer need protection. This only applies to a
refugee and will most likely accompany a decision to revoke that status.


Returning to the country from which they claimed asylum would be considered a 'voluntary action'.
As shown in:
Return to country of origin or obtaining a passport
This will usually indicate voluntary re-availment and may lead to revocation under Paragraph
339A(i)-(vi).


Returning to your country of origin will also put your BC application in 2019 in jeopardy.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Greenie
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Re: BRP says refugee settlement

Post by Greenie » Sat Jul 30, 2016 3:37 pm

what is your nationality? what's the reason for your trip to your country of nationality?

Zadewivz1
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Re: BRP says refugee settlement

Post by Zadewivz1 » Sat Jul 30, 2016 4:17 pm

Eritrean. It's a rather personal matter but very urgent.

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Casa
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Re: BRP says refugee settlement

Post by Casa » Sat Jul 30, 2016 4:29 pm

Zadewivz1 wrote:Eritrean. It's a rather personal matter but very urgent.
I've explained the risks, but of course it's your decision.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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