We’re getting lots of calls from people worried about family in Afghanistan, or about their own cases. Here is some information that may be useful.
For people there, the situation on the ground in Afghanistan is changing all the time, so you will need to check which borders are open and what is needed to enter neighbouring countries.
Information about the ARAP scheme for people who were employed by the British government in Afghanistan, which is currently open
The latest information about the Afghan Citizens’ Resettlement Scheme set up in September 2021.
Most people who contact us don’t fit into the narrow requirements of the refugee family reunion rules. The rules only cover spouses and dependants under 18. However there is still a chance you may be able to apply for other family members.
For outstanding asylum cases in the UK for people from Afghanistan, the government’s guidance has been updated but decisions will be made on a case-by-case basis. We recommend that if you are waiting for a decision you push for the process to be hurried up, through your legal representative or through your MP.
For referrals, please download our referral form.
This section summarises the options for people seeking asylum in the UK from Afghanistan, with GMIAU’s advice.
This scheme has been running since April 2021 and is still open to applicants, wherever they are now.
It allows those who worked with UK forces in Afghanistan who are deemed to be at risk, whether because they worked as interpreters or in public exposed roles, to come to the UK. They can bring spouses/partners and dependent children under 18 with them. Other family members may be accepted in exceptional circumstances.
Those who come to the UK under this route are entitled to Indefinite Leave to Remain. This is a change from the initial 5 year visa. Those who have a 5 year visa can apply for ILR at any time before their visa runs out free of charge.
All those brought to the UK under ARAP will have the right to work, access to education and healthcare and be able to apply for public funds.
The rules were tightened up on 14 December 2021, but were clarified to include those who worked alongside or provided goods and services to the UK authorities in Afghanistan; contributed to UK military or security objectives in Afghanistan; and are at risk as a result or hold sensitive information.
Anyone who thinks they may qualify should read the guidance and complete the form here.
Anyone already in the UK with 5 years leave to remain should apply for Indefinite Leave as soon as possible. Do not wait for the Home Office to contact you. It may help to contact your local Member of Parliament for help to raise this with the Home Office.
This is a scheme set up in September 2021 to allow up to 20,000 Afghan nationals to relocate to the UK including 5,000 in the first year. The Scheme was officially opened on 6 January 2022.
To qualify you must be assessed to be at risk because of your activities in Afghanistan, or because you are vulnerable because of your characteristics (women, LGBTQ, religion, ethnicity). There is no formal way to apply under the Scheme.
If accepted you will be granted Indefinite Leave to Remain. Some already in the UK will only have 6 months leave to remain with access to public funds. This should be upgraded automatically.
The Home Office has identified 3 routes for people who may qualify
Spouses, partners and dependent children under the age of 18 will be eligible for the scheme. Other family members may be resettled in exceptional circumstances.
All those brought to the UK under ACRS will have the right to work, access to education and healthcare and be able to apply for public funds.
If you have been evacuated to the UK and not under the ARAP scheme, you may only have been given 6 months leave to remain.
You should be able to access benefits but you will need to apply for this through the JobCentrePlus.
If your leave is due to expire the Home Office has told MPs that:
We ask that your constituents who are in this cohort please wait to be contacted about their status rather than make any other applications to extend their conditions.
Whilst I understand the concerns that individuals in these circumstances may have, please be assured that a comprehensive plan is in place to address this. Before their current period of leave expires, they will be contacted individually, offering an assisted (over the phone) application completion service. This will ensure that the conditions of stay will be extended, allowing time for biometric enrolment, case work and production of documentation, which will follow shortly afterwards.
The Home Office can only contact you if they have your correct contact details.You can update your details here https://visa-address-update.service.gov.uk/
If you have not been contacted by the Home Office to make an application and your leave expires then you will lose your rights to work and claim benefits. You need to make an application to the Home Office before your leave expires to ensure this does not happen. An application for asylum may be appropriate if you fear to return to Afghanistan, but you should seek legal advice.
Those evacuated on this basis are likely to have a 6 month visa. They are now entitled to Indefinite Leave to Remain. This also applies to those called forward by the UK government but who were unable to be evacuated to the UK, if they can now get to the UK. There is no further detail as to the procedure for obtaining ILR.
If you were evacuated on this basis then you should approach your MP for help to clarify what you need to do to obtain ILR.
You should be able to access benefits but you will need to apply for this through the JobCentrePlus.
They will need to apply under the normal Immigration Rules, either for family members or another route, and meet the criteria and pay the fees. The requirements have not been relaxed and so people in Afghanistan are unable to apply unless they can leave the country. Those outside Afghanistan can apply through the normal routes.
Unless you can leave Afghanistan then you are unable to apply. If you are outside of Afghanistan then you should obtain legal advice about your position.
You will be able to apply for further leave but must meet most of the rules and pay the fee.
New concessions were published on 17 January 2022 for people in the UK on certain visas. These clarify that you may be unable to provide documents normally required, and that you may not be able to return to Afghanistan to apply for a different visa where this is normally required, so do not have to leave the UK to apply.
https://www.gov.uk/government/publications/afghan-nationals
You should seek legal advice about applying for further leave if you think these apply to you.
You should obtain legal advice before your current visa/leave to remain expires.
Pre-existing partners and dependent children under 18 qualify under the Rules and can apply. There is no possibility of doing this from within Afghanistan, but if you have left then you can apply in the country where you are.
Other family members may exceptionally also qualify.
You should seek advice from a lawyer about whether family members are able to apply.
If you have claimed asylum but are waiting for a decision from the Home Office, or for a court hearing date then the Home Office will look at your case on the basis of new guidance about the situation in Afghanistan, available here.
Security and humanitarian situation
The Guidance states that:
2.4.11 However, the current evidence suggests that persons likely to be at risk of persecution, because they may be considered a threat or do not conform to the Taliban’s strict interpretation of Sharia law, include but are not limited to:
• Former government employees and members of the Afghan National Armed Forces (ANSF), including the police
• Former employees/those linked to international forces and organisations, including interpreters
• Women in the public sphere
• Ethnic/religious minorities, in particular Hazara
• Persons who have credibly resisted, or are perceived to resist, Taliban requests or control, or who do not conform to, or are perceived to not conform to, strict cultural and religious expectations/mores – in particular women
• Journalists critical of the Taliban
• LGBTQI+ persons
The Home Office accepts that it is not reasonable to expect people to live in Kabul to avoid any risk.
You should push for a decision on your case now, either through your legal representative, or your MP. If you do not have a legal representative because you have been refused Legal Aid, you are now likely to qualify for Legal Aid and should contact a Legal Aid lawyer to see if they can now take on your case.
If your asylum claim has previously been refused then you may well be able to make further submissions (a fresh claim) to the Home Office given the change in Afghanistan. You will need to ‘phone them to make an appointment to go to Liverpool to hand in your fresh claim.
Although you are likely to have a good fresh claim it is better to have a lawyer to do this for you if possible. Contact a lawyer and provide them with the decisions in your case to see if they can take on your case.