A Refugee is someone who has fled from their country due to a fear of persecution because they are part of a particular social group. If the UK has granted asylum to that person, he or she becomes a Refugee and is granted five years’ leave to remain here. After five years, he or she can apply for Refugee settlement: Indefinite Leave to Remain.
A person with Humanitarian Protection has also fled their country because they are at risk of serious harm. He or she will be granted five years’ leave to remain. After five years he or she can apply for Indefinite Leave to Remain.
Refugees and people with Humanitarian Protection do not have to take the tests that non-refugees have to take – the English Language and Life in the UK tests. The application is also free – there are no Home Office fees payable for Refugee Indefinite Leave to Remain applications.
A Refugee simply has to show that he or she has lived continuously in the UK for five years as a refugee without long absences abroad.
There’s no fee for applying for settlement as a refugee or person who’s been given humanitarian protection.
You may be able to include your partner and any children on your settlement application if they’re already in the UK as your dependants. This includes children born in the UK.
If your application is successful, your family members will have the same permission to stay in the UK as you do.
If your family was formed before you left your country, your partner and children can apply to be reunited with you in the UK.
Your family members must apply for a visa to join you in the UK if one of the following is true:
If your application is successful, your family members will have permission to stay in the UK for the same length of time as you.
Your settlement application may be refused if you’ve got a criminal record or been in prison.
If you still need humanitarian protection or are a refugee, you can stay in the UK for 3 more years. Your refusal letter will explain what you’ve been offered instead of settlement.
Your Biometric Residence Permit will present your settled status in the UK. It usually says one of the following:
You will have an expiry date on your BRP and a length of stay for 10 years. A replacement must be applied for 3 months before expiry. Your BRP should be taken with you in your travels outside of the UK to ensure re-entry upon return. What if I leave the UK after being granted ILR?
You may be eligible for a returning resident visa if you are out of the UK for more than two years. You must show that you plan to return to permanently live in the UK.
Unlike British citizenship, ILR may be taken away under certain circumstances: