Glossary

Appeal Rights Exhausted (ARE)

A person whose request for asylum or immigration application is refused, and who has made all of the appeals that they are allowed to make without success.

Asylum

The UN Convention Relating to the Status of Refugees 1951, usually referred to as the Refugee Convention, provides sanctuary to nationals of foreign countries. Signatory states to the Refugee Convention undertake not to return to his or her country of origin any person who is able to show that in that country he or she is at risk of persecution on grounds of race, religion, nationality, membership of a particular social group or political opinion.

Asylum Seeker

A person who has come to the UK and has made a formal claim for asylum.  They are entitled to be in the UK during their claim and are not illegal.  It does not matter if they entered the country without proper papers, as long as they have presented themselves to the Home Office and have claimed asylum.  Most asylum seekers do not have permission to work and none can claim state benefits.  They are supported directly by the Home Office.

Biometric Residence Permit

A plastic card issued by the Home Office, which holds a migrant's biographic details; (name, date and place of birth) and biometric information (facial image and fingerprints).  The card shows their immigration status, often national insurance number and entitlements while they remain in the United Kingdom.

Entry Clearance Visa

A visa, usually endorsed within a person’s passport, permitting the bearer to travel to the UK and leave to enter from the date of issue. It is activated upon passing through UK immigration control. There are three categories of visa: temporary, leading to settlement and settlement. Not all nationalities require a visa.

Failed Asylum Seeker

If an asylum claim has been rejected, the asylum seeker is said to be refused asylum, and called a failed asylum seeker. Some failed asylum seekers are allowed to remain temporarily, some return home voluntarily and some are forcibly returned.

Home Office

A department of the Government of the UK, responsible for immigration, security and law and order. Divisions of the Home Office include Border Force, UK Visas and Immigration and the former UK Border Agency.

Human Rights

A reference to the rights set out in the European Human Rights Convention such as Article 3 (right not to be tortured) or Article 8 (right to respect for private and family life). The Human Rights Act 1998 brought these into domestic law and made them justiciable before courts in the United Kingdom in October 2000 when the Act came into effect

Humanitarian Protection (HP)

Leave granted to a person who would, if removed, face in the country of return a serious risk to life arising from the death penalty; unlawful killing; or torture or inhuman or degrading treatment or punishment. If a person has been refused asylum they may still be considered for this status. A person who is granted Humanitarian Protection is allowed to work and has access to public funds.

Indefinite Leave to Remain (ILR)

A grant of settlement entitling a person to stay in the UK indefinitely.  The person can work and claim state benefits. However, indefinite leave to remain may be revoked in certain circumstances.

Limited Leave to Enter or Remain and

Further Leave to Remain (FLR)

Leave to enter is granted to an applicant applying to enter the UK from overseas.  Leave to remain is granted to an applicant applying for leave from inside the UK to stay in the UK.

Further leave to remain is an extension of the applicant’s right to stay in the UK

Naturalisation

The legal process by which an adult can apply to attain British citizenship.   

No Recourse to Public Funds (NRPF)

A condition often attached to a migrant’s leave to remain which is time limited. This means the migrant is not entitled to claim the majority of welfare benefits, including income support, housing benefit and a range of allowances and tax credits. 

Overstayer

An individual who has stayed beyond the period of their leave in the UK.

Permanent Residence

A document certifying permanent residence is issued to EEA nationals to confirm their right of permanent residence in the UK. 

Pre-Settled Status

Following the UK’s departure from the European Union, the EU Settlement Scheme provides for 5 years’ limited leave to remain to be issued to EU nationals and their family members who have been living in the UK for less than the requisite residence period.

Refugee

Is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality. The individual is unable or, owing to such a fear, is unwilling to avail themselves of the protection of that country; or who, not having a nationality and being outside the country of their former habitual residence, is unable, or owing to such fear is unwilling to return to it.

Registration

The legal process whereby those under 18 years of age can acquire British citizenship if they meet certain requirements

Right of Abode

Is the legal description of a person's right to enter and live in the UK without any immigration restrictions. All British citizens have the Right of Abode along with some Commonwealth citizens. This can be evidenced by a British citizen passport or ID card, or a certificate of entitlement in a foreign passport.

Section 4 Support

If an individual’s asylum claim has been rejected and he or she have exhausted their appeal rights, they may be eligible for support under section 4(2) of the Immigration and Asylum Act 1999 provided they are destitute and there are reasons that temporarily prevent them from leaving the UK.   

Section 95 Support

Support may be provided under section 95 of the Immigration and Asylum Act 1999 to destitute asylum seekers until their asylum claim is finally determined. Section 95 support can be provided as both accommodation and subsistence, or accommodation or subsistence only.

Section 98 support

Temporary support may be provided under section 98 of the Immigration and Asylum Act 1999, whilst a claim for section 95 support is being considered.

Settled Status

It is an indefinite leave to remain issued to EU nationals and their family members usually once they have completed five years residence in the UK. Settled status will grant a person the same rights to healthcare, education, benefits and pensions as a British Citizen. 

Settlement

Is a grant of indefinite leave to enter (on arrival) or indefinite leave to remain (after entry).

Subsistence Only Support

This is generally granted under Section 95, where accommodation support is not required and the claimant receives financial support only to enable them to buy essential items such as food, clothing and toiletries.

Unaccompanied Asylum-Seeking Child (UASC)

Is a child under 18 who is:

  • applying for asylum in their own right; and
  • is separated from both parents and is not being cared for by an adult who by law has responsibility to do so.