Policy clarification around exceptional circumstances 

Dear all

UKBA provided Still Human with the following policy clarifications in relation to exceptional circumstances which may be useful for those providing advice to clients:

1. Exceptional circumstances rule/procedure relating to pregnant women over 34 weeks and individual complications for both initial applications and further submissions

Those whose condition (documented or visually apparent) is such that they cannot reasonably be expected to travel to ASU Croydon can have their asylum application registered locally. This is regardless of the number of weeks of pregnancy.

Further submissions will be accepted by post by women who provide medical evidence that they are 34 weeks pregnant and over.

2. Whether childcare issues constitute an exceptional circumstance and where children cannot travel

Childcare arrangements do not constitute an exceptional circumstance. However, if medical evidence is submitted to confirm that the child is physically unable to travel to Liverpool, the adult’s further submission would be treated under the exceptional process.For NAM Further Submissions in Person cases the distance to the local reporting centre will be taken into account along with medical evidence confirming that the child is physically unable to travel.

3. Are UASC all exempted from having to travel/where they are difficulties with travel

Where the UASC has been granted leave they should submit a postal application for further leave to remain, which is part of the “Active Review” process.  For those UASCs who were refused leave outright, a decision can be taken on a case-by-case basis, as to whether further submissions should be accepted by post.

4. What evidence is needed from asylum seekers who are not able-bodied

Medical confirmation of the condition would be required along with outline reasons why travel is not recommended for the individual which should take account the distance involved in travelling.

5. Other special criteria e.g. victims of trafficking having to travel back to the area which they were trafficked into

It is not practical to draw up a prescriptive list of special criteria to cover all scenarios, but the approach taken will be made on a case-by-case basis based on the particular circumstances and location of the individual. However applications will be accepted by post on an exceptional basis from those who have been accepted by UKBA as a victim of trafficking and Liverpool is where the person was trafficked into.
 
Cheers

Mike

Mike Kaye
Advocacy Manager
Still Human Still Here
Phone 020 7033 1600

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July 2010  Important information for those who were granted refugee status on or after 30thAugust 2005

Here is official guidance from UKBA for those who have their 5 years limited leave to remain and need to apply for residence to continue to stay in the UK

Attached are a number of documents relating to applying for settlement. You can also find further information as well as the application form on the UKBA website. See links below

Information about this review can be found here: http://www.ukba.homeoffice.gov.uk/asylum/outcomes/successfulapplications/leavetoremain/

Application form can be found here:  http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/completing_set_protection_route/

Attached documents (The Briefing Pack)

1. The flyer

2. Example of first contact letter from UKBA to person needing to renew LTR

3. Customer journey presentation

4. Briefing pack (to inform ‘corporate partners’ how to guide refugee clients)

5. The application form (V7 set)

6. Webpage text

7. Frequently Asked Questions