Immigration Rules

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Immigration Rules part 11A: temporary protection

Temporary protection

Definition of Temporary Protection Directive

  1. 354. For the purposes of paragraphs 355 to 356B, “Temporary Protection Directive” means Council Directive 2001/55/EC of 20 July 2001 regarding the giving of temporary protection by Member States in the event of a mass influx of displaced persons.

Grant of temporary protection

  1. 355. An applicant for temporary protection will be granted temporary protection if the Secretary of State is satisfied that:
    1. (i) the applicant is in the United Kingdom or has arrived at a port of entry in the United Kingdom; and
    2. (ii) the applicant is a person entitled to temporary protection as defined by, and in accordance with, the Temporary Protection Directive; and
    3. (iii) the applicant does not hold an extant grant of temporary protection entitling him to reside in another Member State of the European Union. This requirement is subject to the provisions relating to dependants set out in paragraphs 356 to 356B and to any agreement to the contrary with the Member State in question; and
    4. (iv) the applicant is not excluded from temporary protection under the provisions in paragraph 355A.
  2. 355A. An applicant or a dependant may be excluded from temporary protection if:
    1. (i) there are serious reasons for considering that:
      1. (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
      2. (b) he has committed a serious non-political crime outside the United Kingdom prior to his application for temporary protection; or
      3. (c) he has committed acts contrary to the purposes and principles of the United Nations, or
    2. (ii) there are reasonable grounds for regarding the applicant as a danger to the security of the United Kingdom or, having been convicted by a final judgment of a particularly serious crime, to be a danger to the community of the United Kingdom.

Consideration under this paragraph shall be based solely on the personal conduct of the applicant concerned. Exclusion decisions or measures shall be based on the principle of proportionality.

  1. 355B. If temporary protection is granted to a person who has been given leave to enter or remain (whether or not the leave has expired) or to a person who has entered without leave, the Secretary of State will vary the existing leave or grant limited leave to remain.
  2. 355C. A person to whom temporary protection is granted will be granted limited leave to enter or remain, which is not to be subject to a condition prohibiting employment, for a period not exceeding 12 months. On the expiry of this period, he will be entitled to apply for an extension of this limited leave for successive periods of 6 months thereafter.
  3. 355D. A person to whom temporary protection is granted will be permitted to return to the United Kingdom from another Member State of the European Union during the period of a mass influx of displaced persons as established by the Council of the European Union pursuant to Article 5 of the Temporary Protection Directive.
  4. 355E. A person to whom temporary protection is granted will be provided with a document in a language likely to be understood by him in which the provisions relating to temporary protection and which are relevant to him are set out. A person with temporary protection will also be provided with a document setting out his temporary protection status.
  5. 355F. The Secretary of State will establish and maintain a register of those granted temporary protection. The register will record the name, nationality, date and place of birth and marital status of those granted temporary protection and their family relationship to any other person who has been granted temporary protection.
  6. 355G. If a person who makes an asylum application is also eligible for temporary protection, the Secretary of State may decide not to consider the asylum application until the applicant ceases to be entitled to temporary protection.

Dependants

  1. 356. In this part:

“dependant” means a family member or a close relative.

  1. “family member” means:
    1. (i) the spouse or civil partner of an applicant for, or a person who has been granted, temporary protection; or
    2. (ii) the unmarried or same-sex partner of an applicant for, or a person who has been granted, temporary protection where the parties have been living together in a relationship akin to marriage which has subsisted for 2 years or more; or
    3. (iii) the minor child (who is unmarried and not a civil partner); of an applicant for, or a person who has been granted, temporary protection or his spouse, who lived with the principal applicant as part of the family unit in the country of origin immediately prior to the mass influx.
  1. “close relative” means:
    1. (i) the adult child (who is unmarried and not a civil partner), parent or grandparent of an applicant for, or person who has been granted, temporary protection; or
    2. (ii) sibling (who is unmarried and not a civil partner or the uncle or aunt of an applicant for, or person who has been granted, temporary protection, who lived with the principal applicant as part of the family unit in the country of origin immediately prior to the mass influx and was wholly or mainly dependent upon the principal applicant at that time, and would face extreme hardship if reunification with the principal applicant did not take place.
  1. 356A. A dependant may apply for temporary protection. Where the dependant falls within paragraph 356 and does not fall to be excluded under paragraph 355A, he will be granted temporary protection for the same duration and under the same conditions as the principal applicant.
  2. 356B. When considering any application by a dependant child, the Secretary of State shall take into consideration the best interests of that child.