Glossary

Appeal rights exhausted (ARE)

 

A person will become ‘appeal rights-exhausted’ when their asylum or immigration claim and any subsequent appeals have been unsuccessful, the time to lodge an appeal has passed, or they have no further right to appeal.

Asylum seeker

 

A person who has made a claim to the UK government for protection (asylum) under the United Nations Refugee Convention 1951 and is waiting to receive a decision from the Home Office on their application or from the Court in relation to an appeal.

ARE asylum seeker 

A person who has made an unsuccessful claim for asylum which has been finally determined by the Home Office and/or courts, has no further right to appeal, and has not been granted any leave to remain.

Calais leave

Limited leave to remain granted to an asylum seeking child who was reunited with family in the UK following the Calais camps clearance between 17 October 2016 and 13 July 2017. They will be granted five years limited leave to remain, may work and claim public funds, and can apply for indefinite leave to remain after ten years.

Country of origin

Usually the person’s country of nationality but if this is unclear then local authorities would need to find out from the Home Office which country the person may be removed to or whether the person is stateless.

EEA national

A person who is a national of a European Economic Area (EEA) country or Switzerland: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Spain, Slovakia, Sweden & the UK.

 

When the term EEA national is used in this guidance this does not include the UK.

GIRFEC assessment 

Getting It Right for Every Child (GIRFEC) is the policy framework under which a child wellbeing assessment is conducted to establish what assistance may be provided to a child and their family under the Children (Scotland) Act 1995. The assessment is a holistic assessment of a child’s needs using the National Practice Model, including consideration of the indicators of wellbeing, the My World Triangle and the Resilience Matrix, in accordance with the GIRFEC approach.

Home Office 

 

The government department that is responsible for maintaining immigration control, including:

  • UK Visas and Immigration (application casework)
  • Border Force (border control)
  • Immigration Enforcement (enforcement within the UK including the Intervention and Sanctions Directorate which undertakes immigration status checking for local authorities)

Humanitarian Protection 

 

A person who has been recognised as having a real risk of serious harm or well-founded fear of persecution in their country of origin, but not for any reason set out under the UN Refugee Convention 1951. They will be granted five years limited leave to remain, may work and claim public funds, and can apply for indefinite leave to remain after five years.

Illegal entrant

 

A person who has entered the UK without the correct immigration permission, has used deception to gain entry, has not passed through immigration control, or who re-enters the UK before their deportation order is revoked. 

Immigration Rules

 

The statutory instrument which sets out the categories under which people can apply for leave to enter or remain in the UK, the requirements which need to be met, the length of leave which will be granted and conditions attached to the leave. 

Indefinite leave to enter

 

Indefinite leave to remain 

Immigration permission with no time limit on the length of stay in the UK. Also referred to as ‘settled status.’ There are no conditions attached to this type of leave so a person may undertake employment and can access public funds (unless they were granted as an adult dependant relative and have lived in the UK for less than five years).

Leave to enter

 

Immigration permission issued by an Immigration Officer when a non-EEA national enters the UK. Most people are required to apply for prior entry clearance at a visa application centre abroad, which will be provided as a vignette in the person’s passport.

Leave to remain 

 

Immigration permission issued by the Home Office, which is applied from within the UK, usually by completing a form and submitting this online, by post or in person.  

Leave to remain outside of the rules

Leave to remain granted outside of the Immigration Rules on the basis of a person’s family or private life in the UK.

Limited leave to enter

 

Limited leave to remain

Immigration permission issued for a time limited period; conditions may include restrictions on employment and access to public funds. 

No recourse to public funds (NRPF)

A condition that prevents a person from being able to claim most social security benefits, homelessness assistance and social housing because of their immigration status.

Primary carer

When a person, who is the parent, grandparent, or legal guardian, either has primary responsibility for the child’s care or shares this responsibility equally with another person.

Refugee

 

A person who has been recognised as having a well-founded fear of persecution in their country of origin for reasons of race, religion, nationality, membership of a particular social group, or political opinion under the UN Refugee Convention 1951. They will be granted five years limited leave to remain, may work and claim public funds, and can apply for indefinite leave to remain after five years.

Section 67 leave 

 

Limited leave to remain granted to an Unaccompanied Asylum Seeking Child who came to the UK under the ‘Dubs scheme'. They will be granted five years limited leave to remain, may work and claim public funds, and can apply for indefinite leave to remain after five years.

UASC Leave

Limited leave to remain granted to an Unaccompanied Asylum Seeking Child who does not have adequate reception arrangements in their country of origin. Leave will be granted for 30 months or until the child is 17.5 years old, whichever is shorter. This type of leave does not provide a route to settlement.

Visa overstayer

 

A person who had leave to enter or remain in the UK for a limited period and is currently without leave because they:

  • did not make an application to extend their leave before their previous leave expired, or
  • made an application which was refused after their previous leave expired.