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Help for sanctuary seekers to understand their rights
Subheading
Afghanistan

Immigration laws are very complicated. Your rights will be different if you are a ‘refugee’, an ‘asylum seeker’, a ‘refused asylum seeker’ or someone with another immigration status. The Welsh Government wants to provide  sanctuary to anyone in need of support and protection. We try hard to make sure anyone in these situations can access services but this is not always possible.

The Welsh Government is not allowed to provide direct legal advice to any individual. It is very important that you get legal advice from a qualified and regulated solicitor. An organisation must be regulated by the ‘Office if the Immigration Services Commissioner’ (OISC) if they give you advice about your status. If they are not, they may be breaking the law. You can look for an OISC-regulated legal advisor in your area by searching on the OISC website.

Asylum Justice offer free legal advice to asylum seekers, recognised refugees and other vulnerable migrants in Wales. You can seek help here: Asylum Justice | Get Help

Operation PITTING was the biggest UK military evacuation for over 70 years. This helped around 15,000 people to leave Afghanistan and get to safety, in addition to the families we had already welcomed under the Afghan Relocations and Assistance Policy (ARAP)

Following rapid work by the Foreign, Commonwealth and Development Office (FCDO), Home Office and Ministry of Defence (MoD) during Operation PITTING, we were able to ‘call forward’ a number of other people for evacuation, in addition to the ARAP contingent and British nationals. These people were identified as being particularly at risk. They included female politicians, members of the LGBT community, women’s rights activists and judges. Those who were called forward will form part of the Afghan Citizens Resettlement Scheme (ACRS) cohort.

This emergency evacuation is now over. UK military personnel left Afghanistan on 29 August.

For those evacuated here, we are determined to ensure they have the best possible start to life in Wales. If you have travelled to the UK under the ARAP or ACRS as part of operation PITTING or after the evacuation you will receive Indefinite Leave to Remain status. This will give  certainty about your status and the right to work and contribute to society.

Given the speed with which decisions were taken, the UK Government needs to ensure everyone has the correct status and there may be a small number of groups who do not fit into the category set out above. The UK Governmentwill work to ensure your situation is resolved quickly. You may have a temporary status such as Leave Outside The Rules (LOTR), which shall be reviewed.

Accordion
Title
Support for British nationals
Body

The majority of British nationals in Afghanistan were flown out ahead of the emergency evacuation. A small number remain in Afghanistan and the region and the Government is working hard to secure safe passage out of Afghanistan for them and their dependants. Her Majesty’s Passport Office (HMPO) is working closely with FCDO, which is providing repatriation and consular support, to assist with the granting of emergency travel documents to allow onward travel to the UK where needed.

HMPO is also prioritising consideration of requests for first-time UK passports from people normally or previously resident in Afghanistan, and has a dedicated team focusing on them. Complex cases are being considered by senior decision makers to ensure they are decided quickly.

Title
Afghan Relocations and Assistance Policy
Body

In 2013, the then Government put in place a scheme to relocate some interpreters who served alongside our armed forces in Afghanistan. In April this year, in preparation for the withdrawal of British and NATO forces and the changing situation in Afghanistan, the Home Secretary and Defence Secretary launched ARAP. The scheme offers relocation or other assistance to those who served alongside our armed forces in Afghanistan and provided important support to Her Majesty’s Government defence and security mission there, predominantly those who were employed directly, or in certain special cases via contractors, and who are assessed to be at serious risk as a result of such work. It is available to people regardless of rank or role, or length of time served, and builds on the long-standing support already available. The policy provides for the principal applicant to bring their close family members (spouse and under 18 children) to the UK and significantly expands the eligibility criteria from the previous scheme. Other family members may be resettled in exceptional circumstances.

.Since the first ARAP flight on 22 June, around 7,000 Locally Employed Staff and their family members have been relocated to the UK. 1,400 former staff and families were relocated between 2013-2021 under the previous scheme for Afghan locally employed staff.

The ARAP scheme remains open to eligible applicants. It is also possible to make an application outside of Afghanistan and if successful will be supported by Embassies and High Commissions. Current or former staff who believe they qualify should check the eligibility criteria and apply by using the online application form. For further advice please use the contact form on the same webpage.

Work is underway with the MOD and FCDO to support the logistics of relocation of those accepted as eligible for ARAP who are already in third countries. Where possible, we will contact those who were identified for relocation to the UK but are not yet in the UK.

Those who are in the ARAP scheme, regardless of when they arrived, will be given indefinite leave to remain in the UK, rather than limited leave which has been the approach up to now. We believe that ARAP and ACRS should confer the same status. This will enable those relocated under ARAP access to certain roles not available to those with limited leave, for example in the police, defence and security sectors.

Those already in the UK with limited leave under the ARAP or the previous scheme for Afghan Locally Employed Staff, granted prior to 2 September 2021, can apply for indefinite leave to remain at any time during their period of limited leave (five years). The UKVI case working team will contact all those who recently arrived to discuss their leave arrangements and ensure they get the right form of leave. There will be no charge for changing limited leave to indefinite leave to remain. We will be utilising the ‘exceptional circumstances affecting a number of persons waiver’ provided by the Immigration and Nationality (Fees) Regulations where required, in advance of making changes in imminent regulations. Those on the ARAP scheme will be able to apply for British citizenship after five years in the UK under existing rules and subject to the appropriate fee.

Title
Afghan Citizens Resettlement Scheme
Body

On 18 August 2021, the Prime Minister announced the ACRS. This scheme will resettle up to 20,000 people at risk, with 5,000 in the first year. This is in addition to those brought to the UK under ARAP and is in line with the UK Government’s New Plan for Immigration commitment to expand legal and safe routes to the UK for those in need of protection, whilst toughening their stance against illegal entry and the criminals that endanger life by enabling it.

Title
Eligibility and referrals
Body

The ACRS will provide those put at risk by recent events in Afghanistan with a route to safety. The scheme will prioritise:

those who have assisted the UK efforts in Afghanistan and stood up for values such as democracy, women’s rights and freedom of speech, rule of law (for example, judges, women’s rights activists, academics, journalists); and

vulnerable people, including women and girls at risk, and members of minority groups at risk (including ethnic and religious minorities and LGBT).

There will be many more people seeking to come to the UK under the scheme than there are places. It is right that we take a considered approach, working with partners to resettle people to the UK. There will not be a formal Home Office owned application process for the ACRS. Instead, eligible people will be prioritised and referred for resettlement to the UK in one of three ways.

First, some of those who arrived in the UK under the evacuation programme, which included individuals who were considered to be at particular risk – including women’s rights activists, prosecutors and journalists - will be resettled under the ACRS. People who were notified by the UK government that they had been called forward or specifically authorised for evacuation, but were not able to board flights, will also be offered a place under the scheme if they subsequently come to the UK. Efforts are being made to facilitate their travel to the UK.

Second, the government will work with the United Nations High Commissioner for Refugees (UNHCR) to identify and resettle refugees who have fled Afghanistan, replicating the approach the UK has taken in response to the conflict in Syria, and complementing the UK Resettlement Scheme which resettles refugees from across the world. UNHCR has the global mandate to provide international protection and humanitarian assistance to refugees. UNHCR has expertise in the field and will refer refugees based on assessments of protection need. We will work with UNHCR and partners in the region to prioritise those in need of protection, such as women and girls at risk, and ethnic, religious and LGBT minority groups at risk. We will start this process as soon as possible following consultations with UNHCR.

Third, the government will work with international partners and NGOs in the region to implement a referral process for those inside Afghanistan, (where safe passage can be arranged,) and for those who have recently fled to countries in the region. This element will seek to ensure we provide protection for members of Afghan civil society who supported the UK and international community effort in Afghanistan. This category may include human and women’s rights activists, prosecutors and others at risk. We will need some time to work through the details of this process, which depends on the situation in Afghanistan.

Title
Further details on eligibility
Body

The ACRS will be focused on people affected by events in Afghanistan, who are located in Afghanistan or in the region. While the majority of people resettled will be Afghan, nationals of other countries (for example, in mixed nationality families) will be eligible to be resettled through the scheme.

Spouses, partners and dependent children under the age of 18 of identified eligible individuals will be eligible for the scheme. Other family members may be resettled in exceptional circumstances.

Unaccompanied children may be offered resettlement where it is determined that resettlement to the UK is in their best interests and they have been identified as eligible for the scheme and. This is an assessment that will be made with expert partners. Where a child is unaccompanied it may be in the child’s best interest to remain in the region, where they are more likely to be reunited with their family.

All individuals will be security screened as part of the process, including checks against security and other data bases and capturing biometrics. Individuals who have committed war crimes, crimes against humanity, terrorism or other serious crimes will not be eligible.

Those resettled through the ACRS will receive fee-free indefinite leave to enter or remain in the UK, the right to work and immediate access to benefits if necessary. They will be able to apply for British citizenship after five years in the UK under existing rules and subject to the appropriate fee.

All those resettled will be expected to comply with UK laws. Anyone convicted of a serious criminal offence in the UK will be liable to have their indefinite leave revoked.

 

Title
Afghan family members of British nationals, settled persons and refugees already resident in the UK
Body

Close family members of British citizens (and settled persons) evacuated or called forward as part of Op PITTING

To facilitate the travel of family members of those who were evacuated as part of Op PITTING, the Home Office waived visas requirements and granted limited permission to stay outside of the Immigration Rules for six months. However, given the exceptional circumstances of their arrival and to ensure they have clarity on their immigration status, we will grant indefinite leave to remain to this group of evacuees. We will waive the settlement fees for this group and they will not be required to meet the usual requirements, such as English language skills or minimum income requirement. Where necessary, we will use the ‘exceptional circumstances affecting a number of persons waiver’ provided by the Immigration and Nationality (Fees) regulations and seek to make changes in regulations at the next opportunity. This is the same approach as those evacuated under the ARAP scheme and other priority groups relocated to the UK under Op PITTING and eligible for the ACRS. We will also give indefinite leave to remain to those who were called forward by the UK government but were not able to be evacuated, or were evacuated to third countries.

Afghan family members of British citizens and settled persons who were not notified they were eligible for evacuation under Op PITTING

For other non-UK family members of British citizens and settled persons who were not called forward as part of Op PITTING, or who are not offered resettlement under the ACRS, they will need to apply to come to the UK under the existing economic or family migration rules. They will be expected to meet the eligibility requirements of their chosen route, which includes paying relevant fees and charges, and providing biometrics. There is currently no option to give biometrics in Afghanistan. The British Embassy in Kabul has suspended in country operations and all UK diplomatic and consular staff have been temporarily withdrawn. The UK is working with international partners to secure safe routes out of Afghanistan as soon as they become available, but while the security situation remains extremely volatile, we recommend people in Afghanistan do not make applications and pay application fees at this time as they will not be considered until biometrics are provided. Those Afghans who are outside of Afghanistan and able to get to a Visa Application Centre (VAC) to provide their biometrics are able to make an application in the usual way.

Afghan family members of refugees in the UK

For Afghan refugees in the UK, we already have rules in place for their close family members to apply to join them in the UK, but we recognise those in Afghanistan will face the same challenges in providing biometrics and so we do not recommend making applications at this time.

Supporting Afghans already in the UK as visitors, or on economic or study routes

Afghan nationals who are currently in the UK with permission on an economic, work or study route that expires in the near future may face difficulties making a further application if they are unable to obtain the necessary documentation to meet the rules to extend their stay, including having a current passport. We intend to introduce a similar concessionary approach for Afghan nationals as we did in 2015 for Syrian nationals. This concession will apply to any Afghan national who had permission under these routes to be in the UK before 1 September 2021. It will also apply to those who had made an entry clearance application on these routes before 1 September and who have travelled since then. It will allow us to waive certain document requirements, but applicants will still be expected to pay any fees and meet the other requirements of the route.

We will also allow Afghan nationals with temporary leave that would normally prevent them from switching, or Afghan nationals who have been given an exceptional assurance by the Home Office under the COVID concessions, to switch into the routes set out above, such as Skilled Worker or Student, where they meet the requirements of the route. Those with leave as a visitor will also benefit from this concession. Individuals must have arrived before 1 September. This will mean they do not have to travel outside of the UK to make an application at one of our global VACs.

 

Title
The asylum system
Body

The details set out above constitute the UK’s comprehensive immigration response to the unique and exceptional circumstances of the evacuation and change of situation in Afghanistan. There is no change to our longstanding policy that a person can only claim asylum from within the UK. We will not accept asylum claims at our Embassies, High Commissions or VACs overseas or otherwise; whether by online application or through other correspondence.

There are Afghan nationals who are already in the UK asylum system. In light of the fast-moving situation in Afghanistan, we are working to update our country guidance. Once this is complete, all asylum and protection claims will be decided with reference to the updated country guidance and the individual circumstances of the case.

Any asylum seekers who would otherwise be destitute are supported by the Home Office, where they are provided with fully furnished accommodation, a maintenance allowance for items such as food and toiletries, and have full access to healthcare services and education for children under the age of 18.

Title
Afghans without status in the UK
Body

The government has suspended enforced returns to Afghanistan and there are currently no commercial flights operating to Afghanistan. Those who have previously been refused asylum, who believe their situation has changed, will need to make a further submission to have their case re-considered.

We encourage all nationals present but without permission to stay in the UK to contact the Home Office as soon as possible.

Title
Getting in touch
Body

On 20 August, the Home Office set up a dedicated helpline to provide information and support to Afghan nationals on the UK’s evacuation efforts. As we move to the next response phase, the line will remain open to offer general information about the relocation schemes. Our call handlers will also provide additional support to those Afghan nationals who have recently arrived and are transitioning from managed quarantine accommodation.

The helpline number is +44 2475 389 980 (or 02475 389 980 in the UK).