ILR Long residence with 2 years refugee.

[iSpy]

Hi I was granted ILR a couple of months ago based on Long Residence but had last 2 years as refugee.

My question is Can I request my national passport back from the HO and hand over the travel document I am planning to travel to UAE as they only accept national passport?

Secondly I am planning to travel to my home country for a fortnight, Is it OK for me to travel now as my Settlement is based on LR and not on refugee leave leading to settlement?

I have read that people who got their ILR’s based on refugee route did receive letters that they still can’t travel to home country but mine doesn’t say anything.

If someone in a same situation or expertise could respond it’ll be highly appreciated.

Thank you

[zimba]

No. You were granted asylum probably based on your claim that your life will be in danger going back. Your 10 years includes time spent as a refugee. If you go back, UKVI can revoke your ILR as it will prove that you acquired ILR through deception by lying on your asylum application.

[iSpy]

Thanks.
What about using my national passport for travelling to other countries?

Isn’t travelling to see a family member different from actually living there? They can’t just say that you deceived us by going there for a short period and there aren’t any restrictions or remarks on my BRP.

I read somewhere in the guidance that passage of time spent in the UK also counts as a factor for not revoking ILR.

[seagul]

Isn’t travelling to see a family member different from actually living there? They can’t just say that you deceived us by going there for a short period and there aren’t any restrictions or remarks on my BRP.

Visiting/living is same where someone has claimed the asylum as having danger to his life if he be there.

[zimba]

You cannot go back as you were granted refugee status. Going back for whatever reason can get your ILR revoked as it proves you lied on your refugee application and got ILR via deception

[iSpy]

I’m assuming that you do not know the answer to my first question that If I can use my national passport or not? That is if I want to travel to a country which does not accept HO travel document.

[zimba]

I’m assuming that you do not know the answer to my first question that If I can use my national passport or not? That is if I want to travel to a country which does not accept HO travel document.

You can ask for your passport back. While you are not a refugee anymore, by traveling on your old passport you could be admitting that you lied on your asylum application and hence face ILR revocation on your return. For people with refugee status, HO guide warns that such a person may lose their status:

A person accepted as a refugee under the terms of the 1951 United Nations Convention relating to the Status of Refugees places that status at risk if they travel on their own national passport. TDS caseworkers must tell the individual about the potential risk before returning their passport and ask the individual to sign a declaration to show they understand this risk and are willing to give up their refugee status.

https://assets.publishing.service.gov.u ... _clean.pdf

[iSpy]

so you are saying that even if an individual has an ILR (long residence) he is still classed as a refugee??
As the reference you are giving is for refugees who are still on a refugee leave.
First you say that you can get it back as you are not a refugee and the you give details about refugee revocation.

[zimba]

so you are saying that even if an individual has an ILR (long residence) he is still classed as a refugee??
As the reference you are giving is for refugees who are still on a refugee leave.
First you say that you can get it back as you are not a refugee and the you give details about refugee revocation.

I repeated this several times but you seem to ignore it.
Your 10 years under long residence included time spent as a refugee. You were given ILR based on the fact that time spent as refugee was lawful and your refugee claim was genuine. Any action that brings even the previous grant of the refugee status under question means that your 10 years here were spent UNLAWFULLY and your refugee status was acquired through deception. So ILR can be revoked. Such actions will negatively affect you now and any future citizenship application

[iSpy]

Oh ok. Thank you for your response.

[Obie]

No. You were granted asylum probably based on your claim that your life will be in danger going back. Your 10 years includes time spent as a refugee. If you go back, UKVI can revoke your ILR as it will prove that you acquired ILR through deception by lying on your asylum application.

Not necessarily deception, as one can argue that their country cannot be in a state of war forever. The situation for refugee is dynamic.
The problem is, they can argue you are no longer in need of protection, as you have returned to the country you claimed you fear going to, several years back.
If she obtained ILR through long residence, then she will lose refugee status not ILR.

If the ILR was granted on SET P basis, then it is a different matter.

However all the protection conferred on refugees, like family reunification, non refoulment, preclusion from automatic deportation for 12 month sentences, will automatically be lost.