Changes relating to Limited Leave to enter for relevant Afghan Citizens
There are two separate schemes to assist former Locally Engaged Staff in Afghanistan: the ex-gratia redundancy scheme and the Intimidation policy. The exgratia scheme currently caters for those who were made redundant as a direct consequence of the UK military drawdown, having served for at least a year on the front line. The intimidation policy supports all staff whose safety is threatened in Afghanistan due to their work with the UK, including those who do not qualify under the ex-gratia scheme. The requirements to be met for limited leave under the exgratia scheme are set out in Immigration Rules, but when the schemes were first introduced there was no specific provision covering limited leave for anyone who may be relocated to the UK under the Intimidation policy, or to allow individuals relocated under either scheme to apply for settlement.
That is why new Immigration Rules are being introduced to cover anyone who may be granted limited leave to enter under the Intimidation policy, and to provide a specific route to settlement for relevant Afghan nationals and their immediate family granted leave to enter under Immigration Rules 276BA1 to 276BS1. The new provisions will introduce requirements that must be met for settlement to be granted, and make clear that those who wish to settle here, following a period of limited leave, will be able to do so providing they meet the relevant requirements in the Rules. Those who relocated to the UK will need to make an application for settlement, which will be free of charge, before their period of five years limited leave expires.
The ex-gratia scheme offers relocation in recognition of the commitment, bravery and significant contribution that local staff made whilst working with UK Armed Forces in dangerous and challenging situations. Relocation to the UK is offered as an option to staff who faced particular danger in their role; other staff are offered financial or training packages. On 11 June, the Defence Secretary, Gavin Williamson, announced plans to expand the ex-gratia relocation scheme to recognise and honour the service of those made redundant before 19 December 2012. To implement this quickly the new Rules also extend the eligibility criteria by six years, which provides for all interpreters who were made redundant, having served for at least a year on the front line, from May 2006, to be eligible to come here along with their immediate family members. Under the Intimidation policy, the Ministry of Defence continues to provide support in Afghanistan, including security advice, financial assistance or relocation to a safer part of the country. In the most serious cases, the Home Office may determine that an Afghan locally engaged staff member is in need of relocation to the UK.
The changes to the Afghan locally engaged staff rules are expected to have a positive effect on those eligible to apply, and to provide clarity on the route to settlement. The new Rules put beyond doubt that those granted limited leave for five years under Immigration Rules 276BA1 to 276BS1, will be able to apply for settlement should they wish to remain in the UK. The Government will also make changes to the Immigration and Nationality (Fees) Regulations at the appropriate time, to ensure that such applications are free of charge.
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