Refugee ILR Can travel to own country & BC questions?

[Rassel]

Hi,

I hold a BRP since April 2013 (No remarks on it) after applying for ILR in Feb 2013 based on refugee status was given in 2008.
I have an expired British Travel Documents (Blue) which was returned by the Home Office along with BRP card in this travel document stated clearly not to travel to Iraq as an exception. But refugee ILR there is no remark restriction.

If get own country passport from London.

1-Will be able to travel to Iraq holding Iraqi passport and BRP only?
2-Does it affect my citizenship application at all when I apply next year?
3-Especially travel history section in the British Citizenship application form.

4-Even if the political scenario has changed and the asylum has no basis now, having an ILR means that this check no longer applies. Regardless of the current situation is in Iraq, ILR is indefinite with no restrictions whatsoever of course.

For Naturalisation of British citizenship i can apply March 2018.

A senior immigration lawyer advice me “ILR has no restriction” can apply for own country passport, can travel to your country.

Asking advice form Moderator please.

Many Thanks

[Rassel]

Is any here to share your experience please:

Refugee ILR using own country passport travel to own country?
My "Blue travel document 5 years restriction" is expire 2013. In ILR BRP there is no restriction. No written detail regarding own travel.
I know some of them did travel with own country, what type of Q they ask, on arrival London?


Especially travel history section in the British Citizenship application form who did you fill.

[Rassel]

Baby Khaber
Foufou
do you know some one?
who get citizenship without any complication?

[ouflak1]

Unfortunately this isn't really an area that I'm very knowledgeable in, but I can relate a family friend's experience from a few years ago. Her status was the similar to yours, asylum -> ILR. She traveled back to her home country. Upon return she was detained, given temporary admission, and told her ILR had been revoked. A good immigration lawyer and a few months later, this was reversed and her ILR reinstated. I just wish I'd heard that she was planning on traveling back to her home country beforehand. Normally, an asylum seeker is required to obtain special documentation allowing them to return to their own country.

Things I am unsure of in how this relates to you:

• * Does a refugee have similar general restriction?
  
  * I don't think she had any particular endorsements. Without those, does a refugee have any restrictions?
  
  * What arguments she made to have her ILR reinstated. I suspect time elapsed was a key point here.
  
  * If citizenship automatically lifts any asylum/refugee travel restriction.

I wish I could help more, and hopefully others will chime in soon. In my opinion, you need to clear this matter entirely with the UK government before even attempting to contact the consulate of Iraq. Even contacting them could be trouble for you I suspect. Certainly don't try and get a passport. The government of the UK gave you protection in good faith that your situation was untenable to the threat of your life. Obviously the situation in Iraq has changed considerably since 2008. But not necessarily for the better as regards to the basis of your former refugee status. In fact it may have gotten worse (I don't know on what basis you were granted refugee status, but there were certainly some good reasons back then). Be careful here.

[JohnnyZee]

Hi Rassel - If I were you, I would just wait the extra year before travelling home i.e. maintain ILR for one year and then apply for UK citizenship. I have a friend in a similar situation.

Once you obtain ILR, I understand you can apply for your "home" country passport and then there are no travel restrictions (as travel restrictions are only stated in UK travel document - which should have expired after 5 years). From a totally legal perspective, you may be fine travelling once you have ILR. However, two things can happen:

1) Immigration official may ask you how you obtained ILR once you return to UK. If you mention via refugee/humanitarian protection route, he/she can withdraw your ILR or delay your entry into UK. As ouflak1 stated, you then may have to fight for your ILR to be re-instated.

2) Even if you get away with travel on ILR, upon applying for UK naturalisation, you will be asked to give your travel history. Here you could get into trouble with the "good character" requirement. This seems to be a very subjective issue and Home Office could easily reject you. When you got humanitarian protection, one requirement was for you to not travel to the country you got "protection" from. And if you break that rule, Home Office can be tempted to reject you.

Therefore, I would urge you to wait this extra year. You have already waited 5 years, why not one more year? After you obtain UK passport, you are free to travel to your home. All the best.

Edit: I have just re-read that you have ILR since 2013. I thought you had just received ILR recently. That means you could already be eligible for UK citizenship. Why don't you just apply for it and then travel home once you have British passport?

[Rassel]

Thanks
ouflak1 &
JohnnyZee

both of your advice is really very important for me.
Actually its not only for me. During past years 50% refugee refuse on naturalisation.
Both of your advice will guide them as well.

I don’t know why senior immigration lawyer (12y experience) advice me “ILR has no restriction” can apply for own country passport, can travel to your country. Even he knew my situation and fight to win my asylum case.

Yes i was miss-guide by my lawyer.

[ouflak1]

Thanks
ouflak1 &
JohnnyZee

both of your advice is really very important for me.
Actually its not only for me. During past years 50% refugee refuse on naturalisation.
Both of your advice will guide them as well.

I don’t know why senior immigration lawyer (12y experience) advice me “ILR has no restriction” can apply for own country passport, can travel to your country. Even he knew my situation and fight to win my asylum case.

Yes i was miss-guide by my lawyer.

He wasn't necessarily wrong. You could apply for your own country's passport. You could travel back there. But you might put your ILR in jeopardy by 'availing yourself of your own nation' and, should you actually travel, you just might not be able to come back. There are rules in place for these situations, including means by which you could apply to go back to your country, and they are there for a reason. Among those reasons are two very important considerations:

• 1. Nothing has changed in your country and based on your claims you should be in just as much danger as that which you claimed asylum protection from (and maybe more danger!). So why do you want to return?
  
  2. A LOT has changed and the land that you left is now much safer. War and strife have ended and a government is in place that is stable, fair, and capable of protecting all of its citizen's basic rights. So it's ok if you want to go back.

People who apply for that special leave to travel back to their own country do get these documents issued from the UK government. The UK government is not unreasonable in this regards. Indeed, they are quite practical and realistic on their decisions in this regards. It's not hard to listen to the daily news and get an update from the state department and figure out what's going on. Which is why I gave the advice that I did. I don't know on what basis you claimed asylum from Iraq for in 2008. But I think only a person living under a rock for the last 8 years would think that condition 2 above has been met. They are barely holding on to control of some of the largest cities in that country against an upstart extremist group! Terrorist bombings anytime and anywhere.... Widespread sectarian violence.... No.

[Rassel]

Thanks everyone for your good advice !!!

Would you please let me know
which travel document i apply now for transfer my ILR for my travel to other country like EU or other country except my own country.

For British citizenship i can apply March 2018. ILR receive April 2013
I have an expired British Travel Documents (Blue).

I did check “FORM TD112 BRP” for whom

Convention Travel Document £72
Stateless Person’s Document £72

Then which travel document I can apply? As a safe side i don't want to make my own passport.

[JohnnyZee]

Hi Rassel - shouldn't you already be eligible for naturalisation now? As I understand, you had refugee status (leave to remain) from 2008-2013. And then ILR since 2013. Therefore, if you have other criteria such as days out of UK under control, you would have been eligible for naturalisation one year after ILR i.e. from mid 2014.

Why do you think you need to wait until 2018 for naturalisation?

[Rassel]

Thanks JohnnyZee.

Date of application 21 may 2014
asking supporting document: 1st May 2015
Refuse 4th of June 2015
Reconsideration: June 2015
Refuse: 12 May 2016

Hi Rassel - shouldn't you already be eligible for naturalisation now? As I understand, you had refugee status (leave to remain) from 2008-2013. And then ILR since 2013. Therefore, if you have other criteria such as days out of UK under control, you would have been eligible for naturalisation one year after ILR i.e. from mid 2014.

Why do you think you need to wait until 2018 for naturalisation?

[JohnnyZee]

Rassel - what was the reason for rejection? Was it "good character" as usual? I know that with refugees, they create issue especially if you either:

• entered illegally in the first place (and don't apply for asylum ASAP); or
• entered legally with another visa type and much later applied for asylum within UK. They consider this some sort of cheating as you had not made your intention clear when entering.

Anyway, if you are satisfied with the answer they gave you after rejection/reconsideration, I guess you just have to wait for 10 years of "clean" history. All the best.

[Rassel]

Yes Jhonny you are right

Entered legally with visa, claim asylum later. during my case I was in temporary admission till to march 2008. weekly sign in to electric house Croydon, show my face till win my asylum case in all grounds. during this time stay my uncle house. and he supporting me. He is owner couple of house in uk. He give statement as well.


In Reconsideration review Home office mention "we are not satisfied that you are not employee during your temporary admission. witch is 100 incorrect. They just suspect which they can't prove.

Since 2008 to till date working for them same company and pay high tax contribution in England economy.
every year pay huge money for charity and i'm NHS registard blood Donner as well. i'm trying to be as lawful citizens. again home office not justify regarding my case.
I always think practical, this is totally discrimination. After refuse Reconsideration
I was thinking for judicial review, but its long process.

Rassel - what was the reason for rejection? Was it "good character" as usual? I know that with refugees, they create issue especially if you either:

• entered illegally in the first place (and don't apply for asylum ASAP); or
• entered legally with another visa type and much later applied for asylum within UK. They consider this some sort of cheating as you had not made your intention clear when entering.

Anyway, if you are satisfied with the answer they gave you after rejection/reconsideration, I guess you just have to wait for 10 years of "clean" history. All the best.

[Rassel]

Types of travel documents
There are 4 different types you can apply for, depending on my status. I’m confuse
Then which travel document I can apply?

https://www.gov.uk/apply-home-office-tr ... t/overview:

You can apply for a document to travel outside the UK if you’re not British and can’t use or get a passport from your country.
Eligibility
You must be living in the UK for one of the following reasons:
◦ you have permission to stay as a refugee or stateless person
◦ you have humanitarian protection for a limited time after a failed asylum application
◦ you have discretionary leave for a limited time after a failed asylum application
◦ you’re settled here permanently (known as ‘indefinite leave to remain’)

You must show that you’ve formally applied for and been unreasonably refused a passport by authorities in your country,
unless you have permission to be in the UK as a refugee or stateless person.

[Rassel]

As a Refugee ILR
Which travel document/ passport i can make
Is any Moderator here
can hi light on this topic plz

Types of travel documents
There are 4 different types you can apply for, depending on my status. I’m confuse
Then which travel document I can apply?

https://www.gov.uk/apply-home-office-tr ... t/overview:

You can apply for a document to travel outside the UK if you’re not British and can’t use or get a passport from your country.
Eligibility
You must be living in the UK for one of the following reasons:
◦ you have permission to stay as a refugee or stateless person
◦ you have humanitarian protection for a limited time after a failed asylum application
◦ you have discretionary leave for a limited time after a failed asylum application
◦ you’re settled here permanently (known as ‘indefinite leave to remain’)

You must show that you’ve formally applied for and been unreasonably refused a passport by authorities in your country,
unless you have permission to be in the UK as a refugee or stateless person.

[noajthan]

Have you applied for and been refused passport by home country?

Which category do you fall into...

• 1) Refugee;
  2) Stateless;
  3) You want to leave and not come back;
  4) Refused a passport by your own national authorities;

[Rassel]

Thanks Noajthan,

I hold a BRP since April 2013 (No remarks on it) after applying for ILR in Feb 2013 based on refugee status was given in 2008.
I have an expired British Travel Documents (Blue) which was returned by the Home Office along with BRP card in this travel document stated clearly not to travel to Iraq as an exception. But refugee ILR there is no remark restriction.

My Q is Can i make my own country passport?
Coz For Naturalisation of British citizenship i can apply March 2018.

2nd point
My immigration lawyer advice me “ILR has no restriction” can apply for own country passport, can travel to your country. Even he knew my situation and fight to win my asylum case. But i'm confuse.

I didn't travel my country since sep2003, win my asylum case in 2007. Ilr april 2013.


Please advice me.

Thanks.

Have you applied for and been refused passport by home country?

Which category do you fall into...

• 1) Refugee;
  2) Stateless;
  3) You want to leave and not come back;
  4) Refused a passport by your own national authorities;

[noajthan]

Thanks Noajthan,

I hold a BRP since April 2013 (No remarks on it) after applying for ILR in Feb 2013 based on refugee status was given in 2008.
I have an expired British Travel Documents (Blue) which was returned by the Home Office along with BRP card in this travel document stated clearly not to travel to Iraq as an exception. But refugee ILR there is no remark restriction.

My Q is Can i make my own country passport?
Coz For Naturalisation of British citizenship i can apply March 2018.

2nd point
My immigration lawyer advice me “ILR has no restriction” can apply for own country passport, can travel to your country. Even he knew my situation and fight to win my asylum case. But i'm confuse.

I didn't travel my country since sep2003, win my asylum case in 2007. Ilr april 2013.


Please advice me.

Thanks.

Rassel, I can't really comment on your apparent plan to return to your original country or on the wisdom of doing so after you seem to have claimed asylum from that country in the first place.

You asked which of 4 travel documents to request...

To get a td you have to have tried and failed to get the support of own country and have a national passport issued.
Have you applied for such a passport?

Do bear in mind how this may be interpreted when you apply for privilege of citizenship; (passport will have to be produced).

If you fail in that national passport application you choose 1 type of td from the following 4 categories.

Which category do you fall into?

• 1) Refugee;
  2) Stateless;
  3) You want to leave and not come back;
  4) Refused a passport by your own national authorities;

Maybe it's #1 or #4??

[Rassel]

4) Refused a passport by your own national authorities;

Maybe it's #4??[/quote] Which from is this please?. would you please give the link.

I don't want to take risk to travel my own country, will wait for 2 more year.
But change of circumstances my father is in emergency medical condition, multi brain stock age of 81 years.
he want to see me.

lawyer say 'he will write and get permission from home office so i can visit my home country for 2/3 week.
so on arrival you can show Home office letter and will avoid immigration interview.

But if apply for Refugee ILR travel document then i need Home office letter as well.
if i make own passport and hold BRP ILR also on arrival will face interview as well.
My situation now is complicated after refuse naturalisation on good character ground.

Thanks Noajthan,

I hold a BRP since April 2013 (No remarks on it) after applying for ILR in Feb 2013 based on refugee status was given in 2008.
I have an expired British Travel Documents (Blue) which was returned by the Home Office along with BRP card in this travel document stated clearly not to travel to Iraq as an exception. But refugee ILR there is no remark restriction.

My Q is Can i make my own country passport?
Coz For Naturalisation of British citizenship i can apply March 2018.

2nd point
My immigration lawyer advice me “ILR has no restriction” can apply for own country passport, can travel to your country. Even he knew my situation and fight to win my asylum case. But i'm confuse.

I didn't travel my country since sep2003, win my asylum case in 2007. Ilr april 2013.


Please advice me.

Thanks.

Have you applied for and been refused passport by home country?

Which category do you fall into...

• 1) Refugee;
  2) Stateless;
  3) You want to leave and not come back;
  4) Refused a passport by your own national authorities;

I can't comment on your apparent plan to return to your original country or on the wisdom of doing so as after you seem to have claimed asylum from that country in the first place.

You asked which of 4 travel documents to request...

To get a td you have to have tried and failed to get the support of own country and have a national passport issued.
Have you applied for such a passport?

Do bear in mind how this may be interpreted when you apply for privilege of citizenship; (passport will have to be produced).

If you fail in that national passport application you choose 1 type of td from the following 4 categories.

Which category do you fall into?

• 1) Refugee;
  2) Stateless;
  3) You want to leave and not come back;
  4) Refused a passport by your own national authorities;
  
  Maybe it's #4??

[JohnnyZee]

Rassel - I would apply for the UK travel document (1951 convention) as this document has its perks (e.g. travel to most EU countries visa free). I believe your home country passport will not offer you that privilege.

On the urgent travel home, I think you have valid grounds to visit. As you mentioned, contact Home Office before you travel. All the best.

[noajthan]

4) Refused a passport by your own national authorities;

Maybe it's #4??

Which from is this please?. would you please give the link.

It's from Gov UK page you linked (above).

[Rassel]

Thanks JohnnyZee for your advice.

Rassel - I would apply for the UK travel document (1951 convention) as this document has its perks (e.g. travel to most EU countries visa free). I believe your home country passport will not offer you that privilege.

On the urgent travel home, I think you have valid grounds to visit. As you mentioned, contact Home Office before you travel. All the best.

[noajthan]

Related case of possible interest and food for thought:
http://www.immigrationboards.com/britis ... 10308.html

[Rassel]

Thanks Noajthan,

yes Thats the reason i take time to travel my own country.
if i did, of course will ask written permission from Home office. I'm safe i get written permission.
I went to lawyer, they told me Further apply for Travel document will take 3/6 month.

Related case of possible interest and food for thought:
http://www.immigrationboards.com/britis ... 10308.html

[Casa]

You've missed the point. The Home Office may well give you written permission to return to your home country, but they may challenge how you're now safe to do so if you previously claimed asylum. In other words, they may consider that you are now able to re-settle in your home country and no longer need humanitarian protection in the UK. Re-entering may be a problem.

[Rassel]

Thanks for your views
and i'm agree with you.

Any refugee can travel own county if your parents in medical condition or death.
I knew some of them who's application granted after come back. its huge.

Yes after 14 December 2014 Home office is very stick about naturalisation.
Again its depends on case worker as well.

During this period (2003-2008) i continued to live free accommodation and support provided by my Family, naturally offices were aware of my circumstances, since during this period i had temporary admission at all times. During this period I’m not hiding and continued to abide by the reporting restrictions set by the Home Office, which included residence. (But home office view i'm over stay?)

During this period I have not intentionally overstay this leave but circumstances were beyond my control and i’m presented my selves to the UK authorities seeking protection.

But home office refuse my case on good character ground, we are not believe you are not working. lol.
on Reconsideration letter home office apologise for the long delay and mention she thought decision was correct.

You've missed the point. The Home Office may well give you written permission to return to your home country, but they may challenge how you're now safe to do so if you previously claimed asylum. In other words, they may consider that you are now able to re-settle in your home country and no longer need humanitarian protection in the UK. Re-entering may be a problem.