You are not logged in.

#1 11-07-17 15:39:45

Wanderer
Member
Registered: 11-07-17
Posts: 7

Asylum seekers, prov licence and tests.

Hello to my new knowledgeable and professional friends.
I've only just registered on DTT, although I have followed it on and off for many years.
I have a query that maybe someone might be able to bring me up to speed on.

Asylum seekers, are they permitted to obtain a U.K. provisional driving licence?
Can asylum seekers take both theory and practical driving tests?
Can asylum seekers obtain a full UK driving licence?

I don't know the answers, though I have looked on the internet but can't find any useful information.

I have a new customer who is from the Middle East, she has lived in the U.K. for two years.
She has a UK provisional driving licence and has passed her theory test.
Between obtaining the prov licence and passing theory test she applied for asylum status in the U.K.

She is the one who asked me the question, I was and am totally unaware of the problem.
I would have just innocently trained her to test standard and took her to test.

As I have said, I have looked on the internet, and found scraps of information, some dated three, fours years ago so can't find any solid information.

So I am looking forwards to see what my new colleagues on this forum think and hopefully point me in the right direction.

Offline

11-07-17 15:39:45

AdBot
Google AdSense Posting Bot

Re: Asylum seekers, prov licence and tests.



#2 11-07-17 18:59:52

Mentor
Verified Member
Registered: 22-10-05
Posts: 374

Re: Asylum seekers, prov licence and tests.

If your client has passed a theory then try and book a practical test for her. I see no reason why she would not be able to pass a test and be issued with a full licence.

Offline

#3 11-07-17 19:32:57

Lady-Hynarc
Verified Member
Registered: 09-04-12
Posts: 648

Re: Asylum seekers, prov licence and tests.

This is purely a personal opinion.

If someone can apply for a provisional licence, take and pass theory and practical tests then I think they should be a permanent resident of the UK.
If someone applies for asylum status I don't think they should be a permanent resident of the UK.

Now I don't know if either of the statements are supported by the law but if they both are then an offence may have been committed by your pupil.  Of course with the mess that is our immigration service I doubt that anyone will actually do anything...

Offline

#4 11-07-17 21:04:33

Wanderer
Member
Registered: 11-07-17
Posts: 7

Re: Asylum seekers, prov licence and tests.

Mentor. that's the logical thinking. She has her provisional driving licence, passed her theory test so no reason she cant take practical test, that's my thinking too.
If she is not legal now by applying for asylum then the DVLA/DVSA should block her practical test and revoke her provisional licence, maybe.

Lady-Hynarc, yes the immigration system in the UK is really a mess. That's where my poser comes from, nothing is simple these days, everything is over engineered and changed just for the sake of.

Anyway, from what I can gather the rules of residency concerning driving licences changed in May 2010, might have changed since then but cant find any later info.
Before May 2010 anyone entering the UK legally could apply for a UK driving licence.
It was then changed to only those who lawfully reside in the UK as opposed to those lawfully present.
To lawfully reside in the UK they had to have leave of stay for 185 days or more.

Another snippet I found.
If you have applied for asylum in the UK and have not yet received leave to stay you will no longer be able to apply for UK driving licence.
Only those who have been granted some form of leave to remain in UK for a period of at least 185 days will be eligible to apply for a UK licence.

So there we are, a little wiser but not wise enough neutral

Offline


Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

Deprecated: preg_replace(): The /e modifier is deprecated, use preg_replace_callback instead in /home2/matthutc/public_html/drivertrainingtoday.co.uk/include/parser.php on line 787

#5 12-07-17 06:55:33

kaf
Verified Member
From: Wiltshire
Registered: 05-08-07
Posts: 3,324
Website

Re: Asylum seekers, prov licence and tests.

You won't get an answer here. You need an immigration lawyer.

From your end, she has a licence, you can train her and put her through to test. She can sign the declaration that she has resided in uk for 6 months.

The legality of whether or not she should have been given the prov isn't your concern.

Offline

#6 12-07-17 09:25:52

Wanderer
Member
Registered: 11-07-17
Posts: 7

Re: Asylum seekers, prov licence and tests.

Hi Kaf, yes that's my thoughts too.
If I get asked a question from a customer  I like to try and answer honestly and correctly and if I cant at the time I tell them and will try to find out.
To be fair to the lady, she did not expect me to know the answer.
However my little bit research has made me more aware of this asylum problem, if asked again I will now know what answer to give them.

Just thought asking the question on this forum, someone who teaches in an area with more asylum seekers would have come across this question before.

I have probably taught hundreds of asylum seekers with the same problem over the years but as they have never mentioned it we're none the wiser.

Your right too Kaf, the driving test declaration wants the candidate to declare they have lived in the country 185 days in the last twelve months, pre driving test.
The asylum leave to stay is 185 days post driving test.
The DVSA are only interested if the test candidate has lived in the UK for the prescribed time but not bothered if the test candidate leaves the country the next day.

Confusion, well as Kaf says. not my problem.

Offline

Board footer

Powered by FluxBB. Developed by Matt Hutchings