Refugee Settlement - Indefinite Leave to Remain in UK

Overview

People having protection status (i.e. permission to stay as a refugee or persons with humanitarian protection) in the UK will need to meet the following criteria to be able to apply for ILR:

• They must have a residence card
• They have spent five years continuously in the UK with protection status

To be able to apply for ILR, foreign nationals with Discretionary Leave must:

• Continue to meet the eligibility criteria for Discretionary Leave in the UK (check your documents to understand what these criteria are)
• Spend at least six years in the UK if they were first given Discretionary Leave on or before 8 July 2012
• Spend at least 10 years in the UK if they were first given Discretionary Leave on or after 9 July 2012

Additionally, ILR applicants must not:

• Have been convicted of an offence resulting in imprisonment of:
  • Four years or more
  • One to four years, unless 15 years has passed since the end of that sentence
  • Less than a year, unless seven years has passed since the end of that sentence
• Have been convicted of, or admitted to, an offence in the preceding 24 months of a decision on their ILR application, for which they have received a non-custodial sentence or other out-of-court disposal that is mentioned on their criminal record
• Have, in the view of the Secretary of State, caused serious harm by their offending or persistent offending and shown a particular disregard for the law
• Have their protection status revoked or renounced

Changes Brought by the Nationality and Borders Act 2022

The Nationality and Borders Act 2022 has brought significant changes to immigration and asylum policies in the UK.

Under the new Immigration Rules, if a protection claim was made before 28 June 2022, successful applicants will be eligible for refugee settlement on completion of those five years.

However, for protection claims made on or after 28 June 2022, successful applicants will be granted ‘temporary humanitarian permission to stay’ for 30 months. They will be eligible to apply for refugee settlement after 10 years under the separate long residence rules.

Foreign nationals who have made their claim after 28 June 2022 and who have since been granted refugee status, will be subject to further conditions.

Asylum seekers determined by the Home Office to be ‘Group 1 refugees’ will be granted five years leave to remain, with eligibility to apply for refugee settlement in the UK after those five years as before.

However, people determined by the Home Office to be ‘Group 2 refugees’ will be granted ‘temporary refugee permission to stay’ for 30 months. They will, similar to the people with humanitarian protection, be eligible for settlement after 10 years under the long residence rules.

Family Members in the UK

Following dependent family members can apply for ILR to stay with you in the UK if:

• They are your spouse or civil partner, or the person you have been in a genuine relationship with for two years before applying to settle in the UK
• Your dependent children, including any children born in the UK
• You have formed your family before you left your home country

Partners and Children Outside the UK

If your eligible family members are not in the UK, they may a) apply to be reunited with you if you formed your family before you left your home country, or b) apply for a family visa if you formed your family after you left.

In cases where the family was formed after the main applicant left their home country, the eligible family members will have to first apply for a family visa to join the main applicant in the UK.

If there is an adult relative who is dependent upon you, they can also apply for a visa to join you in the UK if:

• The are over 18 years of age
• They have a family visa as your adult dependent relative
• You have protection status in the UK

Overview

ILR application is an online process. You will have to apply in the last month of your current permission to stay in the UK.

Depending on your situation, i.e. whether you are a person with protection status or with Discretionary Leave, you will have to choose your relevant form on the Home Office website.

You will also be required to submit relevant documents along with your application, which we have discussed in the next section.

Application Process for People with Protection Status

Please select your relevant form on the Home Office website. You may include your dependent family members in your application, or they may apply separately.

You will be required to prove your identity at the time of your application. You may either use the ‘UK Immigration: ID Check’ app to scan your identity document, or provide your biometric information at a UK Visa and Citizenship Application Services (UKVCAS) point. This information is required to get a BRP.

You can also upload your supporting documents online, or can have them scanned at a UKVCAS service point, if you are required to attend one.

Your dependent family members will also have to prove their identity with their biometric information at a UKVCAS service point as part of their application, if they are applying separately.

Application Process for People with Discretionary Leave

People with Discretionary Leave will have to choose their relevant form on the Home Office website depending on why they originally got Discretionary Leave. They will need to make an appointment at a UKVCAS service point to provide their biometric information.

They will have to upload their relevant supporting documents online, or can have the documents scanned during their UKVCAS appointment.