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Section 12: Differential treatment of refugees

Nationality and Borders Act 2022 · 2022 c. 36View on legislation.gov.uk

Part 2: Asylum

For the purposes of this section—

a refugee is a Group 1 refugee if they have complied with both of the requirements set out in subsection (2) and, where applicable, the additional requirement in subsection (3);
otherwise, a refugee is a Group 2 refugee.

Where a refugee has entered or is present in the United Kingdom unlawfully, the additional requirement is that they can show good cause for their unlawful entry or presence.

For the purposes of subsection (3), a person’s entry into or presence in the United Kingdom is unlawful if they require leave to enter or remain and do not have it.

The Secretary of State or an immigration officer may treat Group 1 and Group 2 refugees differently, for example in respect of—

the length of any period of limited leave to enter or remain which is given to the refugee;
the requirements that the refugee must meet in order to be given indefinite leave to remain;
whether a condition under section 3(1)(c)(ii) of the Immigration Act 1971 (no recourse to public funds) is attached to any period of limited leave to enter or remain that is given to the refugee;
whether leave to enter or remain is given to members of the refugee’s family.

The Secretary of State or an immigration officer may also treat the family members of Group 1 and Group 2 refugees differently, for example in respect of—

whether to give the person leave to enter or remain;
the length of any period of limited leave to enter or remain which is given to the person;
the requirements that the person must meet in order to be given indefinite leave to remain;
whether a condition under section 3(1)(c)(ii) of the Immigration Act 1971 (no recourse to public funds) is attached to any period of limited leave to enter or remain that is given to the person.

But subsection (6) does not apply to family members who are refugees themselves.

Immigration rules may include provision for the differential treatment allowed for by subsections (5) and (6).

In this section—

  • “limited leave” and “indefinite leave” have the same meaning as in the Immigration Act 1971 (see section 33 of that Act);

  • “refugee” has the same meaning as in the Refugee Convention.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.