Question to the Home Office:

To ask the Secretary of State for the Home Department, whether her Department is applying the no recourse to public funds condition to refugees who are granted Temporary Protection Status under Section 12 of the Nationality and Borders Act.

The Nationality and Borders Act 2022 contains the powers to differentiate entitlements between two groups of refugees. Those who came to the UK directly, claimed asylum without delay, and are able to show good cause for any illegal entry or presence in the UK are Group 1 refugees. Where an individual fails to meet one or more of these requirements, they are a Group 2 refugee.

Changes to Part 11 of the Immigration Rules, which came into force for asylum claims lodged on or after 28 June 2022, implemented the differentiated asylum system. Section 12 of the Nationality and Borders Act 2022 allows us to differentiate on the length of permission to stay, route to settlement, recourse to public funds and family reunion rights.

An individual who qualifies for refugee status as a result of an asylum claim made on or after 28 June 2022 will be recognised as a Group 1 or Group 2 refugee. Whilst, across the asylum system we work to a number of assumptions, we do not routinely comment on these as they can be affected by a number of external factors.

The Home Office have recruitment strategies in place to continually assess and maintain resources at the required levels to take prompt decisions at all points of the system, for example initial decisions, decisions on applications for further permission to stay for Group 2 refugees and decisions on applications for settlement for Group 1 refugees.