The Foreign Secretary and Home Secretary are seeking the release of men who were legally resident in the UK before their illegal detention by the US.

Foreign Secretary David Miliband has written to US Secretary of State Condoleezza Rice to formally make the request. The men, who have been named as Shaker Aamer, Jamil El Banna, Omar Deghayes, Binyam Mohamed and Abdennour Sameur, are not UK nationals but had been granted refugee status, indefinite leave or exceptional leave to remain before they were detained.

In a move following the government’s position not to seek the release of these individuals in 2005 after securing the release and return of all other UK nationals detained the Foreign Office said it had reviewed its approach to the group in the light of its aim to see the closure of the detention centre. In a statement, the Foreign Office said: "They have decided to request the release and return of the five detainees who have links to the UK as former residents, having been granted refugee status, indefinite leave or exceptional leave to remain prior to their detention."

The statement added: "Our representations are limited to those with links to the United Kingdom as evidenced by their past lawful residence here."

The Foreign Office cautioned that the release and return of the men may take some time. The government's move was welcomed by civil rights groups. James Welch, legal director for campaign group Liberty said: "This change of policy is extremely welcome, especially if it signals a bigger change of approach on both sides of the Atlantic.

"Surely US and UK governments need no further evidence that internment, kidnap and torture have been completely counterproductive in the struggle against terrorism.”