Suella Braverman

[JonathanM]

Before the boat traffickers set up, people would obtain false papers and book a flight. Operationally the airline will likely check you have all the necessary paperwork, because they can be held liable for your costs. This is spread among various piece of aviation law The Carriers Act 1830 isn't relevant.

I haven't flown for many, many years, and it is even longer since I needed a visa. I probably wasn't even aware that the airline were checking my visa.

 

[Pat ex]

But a refugee can enter a country illegally, apply for an asylum application then become a legal migrant, as Cruella says. How is this right?

I suppose you could argue that entering a country without the correct documentation is illegal entry.
But in the recent link to a recent judgement, two things were made obvious
1. A reasonable delay in applying for asylum does not change the status of a refugee.
2. Minor breaches of immigration law should be excused for refugees in claiming asylum, or with the intention of claiming asylum.

 

[Pat ex]

@Pat ex It never was anything to do with the Carriers Act.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1068088/Charging_procedures_-_a_guide_for_carriers.pdf

It may not be called the Carriers Act anymore, but the relevant Acts apply to the Carriers.

 

[Pat ex]

I haven't flown for many, many years, and it is even longer since I needed a visa. I probably wasn't even aware that the airline were checking my visa.

The visa would normally be in your passport.

 

[JonathanM]

The visa would normally be in your passport.

Yes, obviously.

 

[ellal]

I have a technical question, about something the MP said.

He said you can't just get on a plane and fly to the UK, without the right visa. I haven't flown for almost thirty years. But, in those days, I thought your inbound visa was only checked when you landed at your destination, not before you got on the flight. Has that changed now?

It's called Advanced Passenger Information...

"For travel to or from the UK, it's now compulsory to provide Advance Passenger Information (API). This information is required by the UK government at least 24 hours prior to your date of departure."

For the carrier...

"You'll need to make sure that every passenger travelling has provided their API before checking in."

 

[Pat ex]

Yes, obviously.

And they check your passport.

 

[JonathanM]

It's called Advanced Passenger Information...

"For travel to or from the UK, it's now compulsory to provide Advance Passenger Information (API). This information is required by the UK government at least 24 hours prior to your date of departure."

For the carrier...

"You'll need to make sure that every passenger travelling has provided their API before checking in."

Thanks. I've realised I'm very out of date. And that even when I last had a visa, I didn't actually know what was going on!

 

[JonathanM]

And they check your passport.

Yes, obviously.

Are you making some sort of point?

 

[Pat ex]

Yes, obviously.

Are you making some sort of point?

Only that they check your passport, including the visa.

... I probably wasn't even aware that the airline were checking my visa.

 

[JonathanM]

Only that they check your passport, including the visa.

Thank you. I got that half an hour ago. Can we leave it now?

 

[motorbiking]

It is you that is now conflating two scenarios.

You claimed that an asylum seeker could claim asylum for a partner or child that is not in the UK. That is partly correct. They would need to have been granted a 5 year leave to remain, i.e. their application would be as good as totally successful.
If they were in that position, the Government would then apply the income test.

Incorrect still. No such means test applies to refugee applications.

 

[Pat ex]

Incorrect still. No such means test applies to refugee applications.

Allow me to remind you that you cannot apply for asylum for a child or partner until you have been in UK for 5 years, which suggests you have successfully applied for asylum.

Family reunion​

Your partner or child may be able to join or stay with you in the UK if:

• you were part of a family before you were forced to leave your country
• you have refugee status, 5 years’ humanitarian protection or settlement on protection grounds but do not yet have British citizenship

If you have a successful asylum application and leave to remain, you can bet your bottom dollar that the UK would insist that you apply through the normal immigration channels, including the income test.

There are other hurdles and difficulties to overcome, such as supplying biometric information, applying on-line or at a visa application centre.
However if they are already in UK, the process is far simpler, which suggests they are encouraged to reach the UK by any means possible.

But the UK wants to prevent channel crossings.

 

[motorbiking]

Still wrong as usual.

Allow me to remind you that you cannot apply for asylum for a child or partner until you have been in UK for 5 years, which suggests you have successfully applied for asylum.

There is no requirement for you have been here for 5 years. Read it again. It says "5 Years humanitarian protection". That means leave to remain for 5 years, not that you have to be here for 5 years before you claim it.

When an individual is granted asylum or humanitarian protection in the UK, the Home Office will normally grant their dependants in the UK ‘leave in line’ with them (i.e. permission to be in the UK for the same period of time).
Family members who are not in the UK and not included in the application for protection will not be granted leave in line. Instead, the Home Office makes provision in the Immigration Rules to allow for recognised refugees or those granted humanitarian protection to bring their family members over to the UK in order to be reunited.

https://www.childrenslegalcentre.com/wp-content/uploads/2017/05/Family_reunion_May.2017.final_.pdf

 

[Pat ex]

Still wrong as usual.

There is no requirement for you have been here for 5 years. Read it again. It says "5 Years humanitarian protection". That means leave to remain for 5 years, not that you have to be here for 5 years before you claim it.

Which judging by recent processing data will take up to three years.

https://www.childrenslegalcentre.com/wp-content/uploads/2017/05/Family_reunion_May.2017.final_.pdf

This is especially the case where an individual has fulfilled the necessary conditions for admission to a particular country – i.e. an individual with refugee status.
When an individual is granted asylum or humanitarian protection in the UK, the Home Office will normally grant their dependants in the UK ‘leave in line’ with them

i.e. a successful asylum application, which can take up to three years

Family members who are not in the UK and not included in the application for protection will not be granted leave in line. Instead, the Home Office makes provision in the Immigration Rules to allow for recognised refugees or those granted humanitarian protection to bring their family members over to the UK in order to be reunited.

As I said, they would be considered under the normal immigration procedures, requiring them to meet the income threshold.
That Fact Sheet was date May 2017, so it's a little out-of-date.