The UK government have faced a barrage of criticism for failing to respond adequately to the upheaval, not least due to the shortfalls of their various assistance programs.
The UK has a number of existing and newly announced resettlement options for Afghan nationals seeking entry to the UK.
Afghan Relocations and Assistance Policy (“ARAP”)
Launched on 1 April 2021, the policy aims to relocate any current or former locally employed staff who worked with the UK Government and are assessed to be under a serious threat to life. The policy is currently being implemented by the Afghan Threat and Risk Evaluation Unit (“ATREU”) in Kabul, though this is subject to change in the coming weeks with the rapid withdrawal of all UK personnel from Afghanistan.
Eligible individuals and their families are offered priority relocation to the UK regardless of their employment status, rank or role, or length of time spent working under the UK Government’s remit in Afghanistan. The policy operates on a two-tiered basis, fast-tracking those deemed to be a serious priority, and allocating to a less urgent track the more ‘routine’ cases.
Within this two-tiered system, cases can be determined using four categories:
- High risk/immediate threat – urgent relocation
- Eligible for relocation by default (those who worked for the UK Government in “exposed meaningful enabling roles”) – routine relocation
- Not eligible for relocation – other support offered (as determined by ATREU)
- Special cases – assessed on a case-by-case basis
Operation ‘Warm Welcome’, a cross-governmental policy aimed at integrating arrivals under ARAP, was announced on 1 September and will give new arrivals immediate Indefinite Leave to Remain. The government has laid out more details on the Afghan Relocations and Assistance Policy online.
Afghan Citizens’ Resettlement Scheme (“ACRS”)
Publicised on 18 August 2021, this scheme prioritises women, girls and children and aims to welcome 5,000 refugees from Afghanistan in year one of the scheme, rising to 20,000 in the long term. While the scheme remains in its embryonic stage, the Home Office have pledged that it will remain flexible in order to factor in the current considerable upheaval within Afghanistan. The government is yet to announce any further details, including specifics of the eligibility criteria, the way the scheme will be implemented, or how those within Afghanistan (or those who have fled Afghanistan and are currently in neighbouring countries) will be able to benefit from ACRS. This has been a source of serious and sustained scrutiny which will only continue as the scheme remains in a state of flux.
Points-based immigration routes
The Home Office aims to encourage settlement in the UK through the existing points-based immigration system, with a number of potential routes open to Afghan citizens to come into the country to work or study, provided they satisfy the existing requirements.
Asylum
ARAP and ACRS provide fast-track resettlement avenues for Afghan refugees. However ARAP has a relatively narrow scope, and ACRS lacks detail, which means that resettlement via these options is likely to be limited.
Instead, individuals and their families with a well-founded fear of persecution based on their race, religion, nationality, membership of a particular social group, or political opinion may have a potential claim for asylum.
However it is important to note that, until very recently, the Home Office has been returning asylum seekers from Afghanistan who were already in the UK in accordance with its “country guidance policy” unless the claimants could demonstrate that they were personally at risk due to their individual circumstances. While this has been amended in light of recent developments, questions remain about how the UK plans to deal with an increase in claimants fleeing the Taliban in Afghanistan, especially in light of the new Nationality and Borders Bill which aims to undermine the validity of an asylum claim if the claimant travelled through a “safe, third country”.
European governments have already expressed their preference for a cautious approach which is likely to further stymie the efforts of those seeking asylum in the UK.
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