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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Hello Sir I have been recognized as a refugee by the home

Resolved Question:

Hello Sir
I have been recognized as a refugee by the home office in 2007 and be given leave to remain for 5 years till October 2012 .Than they told me you are eligible to apply for indefinite after 5 years .
I came to London in march 2006 .
        1 when I will be able to apply for indefinite after being in this country for 5 years or after I have been Granted as a refugee please ?
        2 After the new regulations from the Home Office 2009 what have been change please ?
        3 What are the condition to apply for British citizen please ?
        4 Will they send me back to my home country after 5 years or what will happen?
   I'm studying Masters in science (Project Management) .I didn't came to this country to have any status but because I had a serious problems in my own country so after 1 year and half I new about refugee and I applied than the home office accept me as I refugee ,during my status in the UK I was focusing on my studying because this is reason and my target when I came to this country as a student .    I feel so bad to be a refugee I don't have nationality . Thank you
Submitted: 4 years ago.
Category: UK Immigration Law
Customer: replied 4 years ago.
Relist: No answer yet.
Expert:  CharlotteSJ replied 4 years ago.
Just so I'm clear, you came to the UK as a student and then after 18 months applied for Refugee status which was granted?



1. A student visa is not one that leads to settlement and so that period of time will not count towards your ILR. In order to get ILR as a refugee, you have to have refugee status for 5 years so you will not be able to apply for ILR until October 2012.



2. I'm not sure what you mean in your second question, please can you clarify.



3. At the moment, in order to apply for British citizenship you need to have completed 5 years legal stay in the UK including 1 year with ILR. As you cannot apply for ILR until October 2012, you will not be able to apply for this until October 2013. The rules are due to change and a points based system is being introduced next year and so by the time you come to apply, the rules may be different. You will therefore need to check this nearer the time.



4. Providing you apply for ILR before October 2012 (it is usually recommended to apply approximately 28 days before your visa expires)then you will not be returned to your home country, obviously pending the outcome of your application. If it is refused, you will be given a right of appeal.



I hope this answers your question in which case please Accept. If you require any further information, please ask.









Customer: replied 4 years ago.
Thank you so much for your answer
1 In my second question I mean did anything change regarding my statues and rules

2 ILR you indefinite leave to remain (True)
.
3 What do you mean pending the outcome of my application ? and why they have to refused my application for ILR , this mean my life is not stable in this country after 5 years of status they will send me back home if my application was refused , I cant understand I had a serious problems back home and the home office give me a status for 5 years and they told me you can apply later 5years to be British citizen and have the right to be protected as a British ,because I can t go back home .So if they want to refuse me after 5 years i prefer to leave by myself and find another country witch i can protect myself and establish a safe life .
Thank you
Expert:  CharlotteSJ replied 4 years ago.
All I mean by 'pending the outcome of your application' is that they would not send you back if your application was successful but if it was refused and you didn't appeal then they could do.



It is unlikely that your application for Indefinite Leave to Remain (ILR) would be refused, but it is a possibility that you need to be aware of. As they granted you refugee status, they were obviously satisfied that you were at risk of persecution in your country and so unless something changes drastically in your country, they will probably take the same view in your ILR application.



It is your choice but as you have been granted refugee status here, my advice would be to stay here and continue to build your private life. As well as looking again at the situation in your country, they will also look at what you have been doing here during your 5 years. As you are studying for your Masters in science, you are clearly an intelligent person with good potentially for being a high earner (and therefore a high tax payer). The Home Office tend to want to keep those people and so you will most likely have no problems in getting your ILR. It is a good idea to get professional help with your application from an immigration solicitor who will be able to maximize your chances of success by including case law that supports your application.



I hope this answers your question in which case please Accept. If you require any further information, please ask.





Customer: replied 4 years ago.
Thank you so much for your answer
I give them my trust and they give me their trust as well they stand beside me when I need them and I will always stand beside them when they need me in my hall life . I own them my life,they protected me when I came to them after 1 year and half as a student in Uk asking for help, I have been kidnapped in my own country I will never ever look back to my country whatever it has been change because I will never have the right to say and to believe in what I believe. I paid the price of my father (Police Officer ) and I will never let my kids pay the price of their freedom .I want to live in peace and rest and behind my back I know that there is a country like The Great Britain can protect me and when I will die my kids will be free in their right of choice .
Thank you so much
Your honour of answering my question was so helpful .
Expert:  CharlotteSJ replied 4 years ago.
Glad my advice helped. If you could Accept my answer it would be appreciated. Best of luck and thank you in advance of your Acceptance.
CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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