Commenting on the government announcement that a policy on leave to remain outside the Immigration Rules is being introduced for residents of Grenfell Tower and Grenfell Walk after the fire, the University’s Richard Warren questions whether it will work.
‘It is clear that this is to be a time limited policy that offers no promise of settlement and that any future applications for leave will be dealt with under the Immigration Rules in force at the time, providing only temporary respite from the “hostile environment” policies.
‘This of course means that there continues to be a risk that if an individual is not believed, they will not benefit from this protection
‘Brandon Lewis, the Immigration Minister announced to Parliament on 5 July 2017 that: “individuals directly affected by the Grenfell Tower fire who contact the Home Office via a specified process will be given a period of limited leave to remain in the UK with full access to relevant support and assistance. This will be done by using discretionary powers to grant leave to remain outside the Immigration Rules for a temporary period of 12 months and without a condition precluding recourse to public funds.”
‘It is stated that the purpose of the leave is to grant them time to start to consider their future options as well as assist the police with future enquiries about the fire. The policy will remain in force until 31 August 2017.
‘A guidance document now sets out how such cases are to be handled by the Home Office. It explains that it will cover all Grenfell Tower residents at the date of the fire, whether or not they were there at the time of the fire including those who were renting unlawfully through an illegal sub-let.
‘It also covers those who were living close to Grenfell Tower and have been significantly affected by the fire because they have been displaced from their place of residence, which was destroyed or made uninhabitable by the fire.
‘‘The policy excludes those already subject to deportation proceedings and any person where there are concerns about their criminality, character or associations. Those refused will be provided with a refusal letter, though there is to be no right of appeal.
‘It will remain to be seen to what extent an offer of limited leave will encourage individuals to come forward.’
Richard Warren, a PhD candidate in Kent Law School, is Immigration and Asylum Solicitors Research Assistant at the Kent Law Clinic.