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Humanatarian protection

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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alyo
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Joined: Tue Dec 12, 2017 10:32 pm
Zambia

Humanatarian protection

Post by alyo » Thu Nov 09, 2023 3:02 pm

Hello

my husband and my 3 children are British citizens. I am on HP and i have applied for ILR and i am waiting for a decision. I will apply for citizenship immediatly after grant.

If i travel back to my country that i sought refuge from after i apply for citizenship.

- is it possible?
- how will they know?

I personally know 2 people on HP who travelled to their country of origin once during the 5 years and were ultimaltly granted ILR...

i live and work in the uk with my British family . i plan to go see my sick parents whom i havent seen in 7 years...

thank you

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zimba
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Re: Humanatarian protection

Post by zimba » Thu Nov 09, 2023 4:16 pm

Depends on the claims you made on your HP application. For example, if you were granted asylum based on your claim that your life will be in danger if you go back to your country, you shall not travel there. If you travel to that country without any issues, then the UKVI can revoke your ILR (or the Home Office may revoke your citizenship) as it will prove that you acquired HP status through deception by lying on your application. UKVI probably can gather world travel/flight data through global partners, IATA passenger data, international law enforcement and intelligence, etc
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

glas195
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Posts: 38
Joined: Mon Nov 30, 2020 8:45 pm
United Kingdom

Re: Humanatarian protection

Post by glas195 » Wed Nov 15, 2023 10:34 pm

zimba wrote:
Thu Nov 09, 2023 4:16 pm
Depends on the claims you made on your HP application. For example, if you were granted asylum based on your claim that your life will be in danger if you go back to your country, you shall not travel there. If you travel to that country without any issues, then the UKVI can revoke your ILR (or the Home Office may revoke your citizenship) as it will prove that you acquired HP status through deception by lying on your application. UKVI probably can gather world travel/flight data through global partners, IATA passenger data, international law enforcement and intelligence, etc
I thought that when you become a british citizen, you enjoy all the rights of a british citizen? How can you become a british citizen and not be allowed to travel to a certain country when other british citizens can? Is it a second-class citizenship?

I think that as long as the OP is on a humanitarian visa, they cannot travel to their country of origin. Once the OP becomes a british citizen, they become so with all the rights and privileges and can therefore travel to all countries except perhaps the ones that the Foreign Office does not advice such as North Korea, etc.
As a naturalized british citizen, travelling back to the country you fled does not undermine the genuineness of your asylum claim.
You are now a british citizen and thus enjoy british protection, that is the whole point of naturalization.

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zimba
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Re: Humanatarian protection

Post by zimba » Thu Nov 16, 2023 12:18 am

Sadly you cannot enjoy being a UK citizen if it is proven that such status was obtained fraudulently. Lying or making false claims on your asylum application to gain residence in the UK is deception. This means any subsequent status like citizenship was also obtained fraudulently, as you would have not been entitled to it in the first place. The current power to ‘deprive someone of their citizenship’ exists under the Nationality and Borders Act 2022. Note that tackling immigration matters is pretty much one of the top priorities of the UK government and the polls show that is what most of the public desires in the UK. New legislation and stricter controls/compliance in the future should be expected.
2. Deprivation of citizenship on the grounds of fraud is for those who obtained their citizenship fraudulently and so were never entitled to it in the first place.

•From 2010 to 2018 (the latest figures on record), on average 19 people a year were deprived of their citizenship where it was conducive to the public good.
•In the same period on average 17 people a year were deprived of citizenship on the ground of fraud
•An individual in the UK who has been deprived of their British citizenship no longer has any UK immigration status - they might be granted permission to stay or steps can be taken to remove them from the UK. If they are overseas, they cannot re-enter the UK using a British passport.
https://www.gov.uk/government/publicati ... -factsheet
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AmazonianX
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Re: Humanatarian protection

Post by AmazonianX » Thu Nov 16, 2023 12:44 am

glas195 wrote:
Wed Nov 15, 2023 10:34 pm
zimba wrote:
Thu Nov 09, 2023 4:16 pm
Depends on the claims you made on your HP application. For example, if you were granted asylum based on your claim that your life will be in danger if you go back to your country, you shall not travel there. If you travel to that country without any issues, then the UKVI can revoke your ILR (or the Home Office may revoke your citizenship) as it will prove that you acquired HP status through deception by lying on your application. UKVI probably can gather world travel/flight data through global partners, IATA passenger data, international law enforcement and intelligence, etc
I thought that when you become a british citizen, you enjoy all the rights of a british citizen? How can you become a british citizen and not be allowed to travel to a certain country when other british citizens can? Is it a second-class citizenship?

I think that as long as the OP is on a humanitarian visa, they cannot travel to their country of origin. Once the OP becomes a british citizen, they become so with all the rights and privileges and can therefore travel to all countries except perhaps the ones that the Foreign Office does not advice such as North Korea, etc.
As a naturalized british citizen, travelling back to the country you fled does not undermine the genuineness of your asylum claim.
You are now a british citizen and thus enjoy british protection, that is the whole point of naturalization.
Not 2nd class citizenship or restriction of freedom of travel and or association.
Remember, the basis of such person getting ILR or BC was the claim that danger exist to their life from the homeland. More akin to UK protecting them here and elsewhere but not where they claimed pose danger to them.

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alterhase58
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Germany

Re: Humanatarian protection

Post by alterhase58 » Thu Nov 16, 2023 5:55 am

The general rule for dual citizenship it’s that in the UK you are a British citizen with all the rights and obligations that come with it
In the country of origin you are a citizen of that country and treated as such. The fact that you are also a British citizen doesn’t protect you from persecution as such. British consular support is there but getting you out of jail or that country is not a given. The plight of dual citizens languishing in foreign jails is well documented. Some are even facing the death penalty…..

Of course as a British citizen you can leave and enter the UK at will, stay away for however long or forever, visa free for many countries. Nobody will stop you from putting yourself into danger.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Ally88
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Joined: Wed Apr 21, 2021 7:43 pm
United Kingdom

Re: Humanatarian protection

Post by Ally88 » Fri Nov 17, 2023 6:23 pm

Hi alterhase58,

Can I ask you about HP cessation?
I have both HP and EU pre-settled status at the moment, HP BRP is valid until 31 Dec 2024 as all BRP holders are now.
I recently applied to switch my pre-settled status to settled status which was refused and I still stay as pre-settled and received a new BRP for pre-settled.
Now when I check "prove-right-to-work" webpage by my HP BRP, it shows the BRP is not valid any longer.

I am very afraid if my HP was stripped, Is it possible they cancel Humanitarian Protection after granting pre-settled status??
Could you tell me your opinion? Thank you so much.

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zimba
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Re: Humanatarian protection

Post by zimba » Fri Nov 17, 2023 7:18 pm

Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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