What is VPRS and who does it effect?
The Syrian Vulnerable Persons Resettlement Scheme (VPRS) was a scheme launched in January 2014. The government and the UN High Commissioner for Refugees (UNHCR) have been working together in order to allow entry into the United Kingdom by those who are most vulnerable and at risk. The UK sets the criteria and the UNHCR submits potential cases for consideration.
In 2017, the scheme was expanded to allow those who did not hold Syrian nationality, but
still fled conflict in Syria.
Many individuals who entered the UK via VPRS were granted Humanitarian Protection.
However, the Home Office released a new form (Request to change Humanitarian Protection
status to refugee status) in 2017. This form can be located on the Home Office website.
You cannot use the form to change the length of leave. It simply switches the individual from
Humanitarian Protection to Refugee status.
Who is a refugee?
Article 1 of the Geneva Convention (as amended by the 1967 protocol) defines a refugee as
“a person who owing to a well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or political opinion, is outside
the country of his nationality or, owing to such a fear, is unwilling to avail himself of the
protection of that country, or who, not having a nationality and being outside the country of
his former habitual residence as the result of such event, is unable or, owing to such a view
as unwilling to return to it….”
What is Humanitarian Protection?
Humanitarian Protection is granted where “there are substantial grounds for believing that
there is a real risk of serious harm on return to the country."
Why switch from Humanitarian Protection to refugee status?
There are similarities between Humanitarian Protection and refugee status. Humanitarian Protection is designed to provide international protection where it is needed to individuals who do not qualify for protection under the Refuge convention.
Many have queried why the government have decided to allow individuals who entered via
VPSR to make this switch. The Home Secretary Amber Rudd provided some insight in 2017 in
her Ministerial Statement, as she stated “while Humanitarian Protection recognises the need
an individual has for international protection, it does not carry the same entitlements as
refugee status, in particular, access to particular benefits, swifter access to student support
for Higher Education and the same travel documents as those granted refugee status.
Furthermore, we recognise that this policy is at odds with what happens to those Syrians
who claim asylum in the UK and who are granted refugee status.”
There are differences between the two types of status in relation to the following:
1) Access to particular benefits
2) Student support for Higher Education
3) Entitlement to travel documents
We will only address the issue of entitlement to travel documents, as we are specialists in
immigration matters. However, your local authority may provide information in relation to
the first and second points.
Travel documents
Travel document in relation to Humanitarian Protection:
The Home Office often take the view that an individual with Humanitarian Protection may
be able to travel using their own national passport. However, obtaining a passport from a
country from which they have fled may be a difficult or impossible task. They may be eligible
for a Home Office Certificate of Travel (CoT). In order to obtain a CoT, an applicant must
demonstrate the following:
1. You must have been “formally and unreasonably” refused a national passport by
your authority. Where it is accepted that you have a “well-founded fear” of your
national authority, you are not required to approach those authorities for a passport
before becoming eligible for a CoT. A “Well-founded fear” is a difficult test to satisfy
and may not be met by all who are granted Humanitarian protection.
2. The fee for a Home Office Certificate of Travel is £267 for adults and £134 for
children.
Travel document in relation to Refugee Status:
It is accepted by the Home Office that a refugee is unable to travel using their original
passport and must apply for a Convention travel document. There is a fee for £72 for adults
and £46 for children. Some countries allow entry via a travel document visa free, but you
must check the countries requirements prior to booking any flights. You must also not travel
to the country from which you fled due to a “well-founded fear."
It is therefore more cost effective and easier for a refugee to obtain a travel document in
comparison with an individual who has been granted Humanitarian Protection.
The immigration department at Drummond Miller LLP have dealt with many cases involving
Humanitarian Protection and Refugee status. Should you require assistance in relation to
obtaining travel documentation, please do contact either our Glasgow or Edinburgh office.