uk immigration lawyers
uk immigration lawyers
Home / Assylum and Humanitarian Protection

Transfer Of Refugee Status

Individuals of refugee status who have been offered Asylum by another country are under obligation to submit to the standard immigration control. In some exceptional cases, the UK assumes responsibility for the protection of the individual and as such offer him/her leave to remain as Refugees in the UK.

Individuals who are identified by the UNHCR as refugees under its mandate (i.e. mandate refugees not conventional refugees) who have not been offered asylum by a country are not permitted to apply for a transfer of refugee status.

Individuals who have been recognized as refugees in another country but still wishes to enter the UK as Refugees can do so by any of these two options:

  • By making an application transferring their refugee status from the Host country to the United Kingdom; or
  • By making a claim for Asylum on the basis of fear of persecution in the host country if he still fears persecution in that country.

For a transfer of refugee status under the first option above, it will involve consideration outside the rules under the discretion of the secretary of state. On the other hand, an Asylum claim will fail to be taken into consideration under the immigration Rules in the Second point like every other claim for Asylum but will also be liable for consideration under the removal procedure of the Safe Third Country. More so, some applications will fail being considered because of the United Kingdom’s commitment under the European Agreement on the Transfer of Responsibility for Refugees (EATRR), and the existence of a formal consent of validity to the EATRR by the country that acknowledged the applicant as a refugee. Please note that the European Agreement on the Transfer of Responsibility for Refugees (EATRR) is a council of Europe Agreement and is not a part of the domestic laws of the UK.


There are few criteria through which the UK will agree to transfer of responsibility for a refugee in agreement with the EATRR, granting him/her leave to remain. These criteria are:

  • That the individual is legally resided in the UK on the condition that he/she is not an illegal emigrant or have not illegally stayed beyond permitted time; and is not making the application abroad or at a port.
  • That the individual has under the 1951 convention or the 1967 Protocol by one of the other countries that has formally consented the EATRR; been granted the status of a refugee.
  • That there has been an event of transfer of responsibility.
Deemed transfer of responsibility under the EATRR

Transfer of responsible of an applicant will be considered to have occurred if in addition to the first two of the above conditions, the following criteria below are fulfilled:

  • The individual in accordance to the authorities has successfully spent two years continuously in the UK;
  • In accordance with the authorities in this circumstance means:
    • With leave, apart from the leave in any of the excluded categories listed below:
    • Waiting for the UKBA’s decision on the application for leave rather than any of the excluded categories listed below.
  • The addition to the qualifying period in this category is all visits the applicant has made to other countries for less than three months in succession or six months in total.
  1. The time an individual spends incarcerated due to being convicted for criminal offences or an unresolved appeal against an immigration decision which was dismissed eventually do not count as part of the two years qualifying period.
  2. Leave of entry granted for the primary purpose of studying, receiving treatment or training is part of the excluded categories which will not count as part of the two year qualifying period; whereas, leaves in order categories will not be excluded and as such will be.
  3. Any leave awarded to the applying individual, which will grant him/her permanent residence in the UK like in circumstance where the individual has been granted permanent leave to remain; the individual is not entitled to apply in this category.
  4. If the individual has been authorized to reside in the United Kingdom beyond the validity of travel document issued by the host country. Given the authority to reside should be explained within the context of the advice on with the agreement of the authorities” as stated above. More so, this condition will not be met in these circumstances:
    • That the extension was authorized mainly for the purpose of study or training;
    • That the involved individuals can still reenter to the host country. If the UK requests re-admission in the space of six months within which the applicant’s conventional travel document expired, the applicant will be re-admissible to the Home country. In a situation where the locations of the individual are not defined in a way that the for application to reenter the Home country cannot be done within six months of the travel document’s expiry especially in situations where the individual is an illegal entrant; this request however might be made within six months of the individual’s being noticed by the authorities of the UK, in as much as it is within two years of expiry of the travel document.

If an application is not refused under the EATRR, the application will also be considered under the discretionary basis outside of the EATRR.

Discretionary Cases

The reasons why some applications for the transfer of refugee status does not fall under the EATRR provision is because the individual has been acknowledged as a refugee by a country that has not signed the EATRR, or for the reason that the refugee does not fulfill the term of the EATRR. On these aspects, consideration should be distinctive by treating each case uniquely.

The responsibility for such situation should not be transferred on the basis that the applicant just wishes to reside in the UK; rather it should be accepted if the United Kingdom is the most suitable place for long term refuge of the applicant.

These applications should be done at a British diplomatic post in another country, a port or within the UK. Interviews in this case are not necessary determinants for the refusal of an applicant’s application. Furthermore, if the Case worker is uncertain about any aspect of the individual’s application, he may schedule an interview in order to clarify issues and as well gather more information.

While the caseworkers evaluates these applications, certain factors comes to bear, these are:

  • The length of time an individual spent in the first country of stay in comparison with the length of time spent in the UK.
  • The strength of family ties or other affiliations the individual has with the host country compared with the UK; and
  • Sympathetic circumstances that will evoke irresistible interest or attention.

Immigration Enquiry

subscribe to email and newsletters
Reiss Edwards Reviews
5 out of 5 stars 255 Google+ Reviews
reivew immigration lawyer

Our Brochure

Reiss Edwards immigration lawyers brochure

Arabic Brochure
Reiss Edwards immigration lawyers brochure

Immigration related Testimonials

Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers london that we would be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
The Home Office refused my Tier 1 Entrepreneur extension application. This meant that my family and i would have to go back to Jordan and my business would close down. I needed a good immigration lawyer to put in a very strong appeal. I approached Reiss Edwards based on a friend's recommendation and they put together a very strong appeal. I read the grounds of appeal and I knew that this was a winner. A big thanks to Joe who worked tireless on my appeal.
I am glad that i instructed Reiss Edwards on my visa matter.

It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure.

To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me

A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative.

Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country.

The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
I have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed.

The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not.

At the end of the day, I have not received my British citizenship within 3 months.

If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Fantastic Solicitors!!!

My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.

We followed everything they asked us to do and in the end we won our appeal and got our spouse visa.

We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question.

The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
I contacted Reiss Edwards to help me with my wife’s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.

Click to view all google reviews
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.

Click to view all google reviews
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.

Click to view all google reviews
I used Reiss Edwards’ immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.

Click to view all google reviews
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service.

I would recommend them over and over again for anyone looking for an immigration advice.

They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.

Kind regards
Nancy Jacquard

facebook icon twitter google youtube rss feed sitemap

Copyright 2017 - Immigration Lawyers London | +44(0)20 3744 2797 | | Map   | Reiss Edwards | Privacy Policy | Terms