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REFUGEE OR HUMANITARIAN PROTECTION

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.

What can I do when I am granted ILR?

  • You can live in the UK without any limit to your length of stay.
  • You can be self-employed or work in any profession or Business.
  • You will have free access to the National Health Service.
  • You can vote (except under particular circumstances).
  • You may study.
  • You can apply for access to some benefits.

FAQs:

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.

 

Check if your family member is eligible.

 

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:

 

  • they’re not eligible to apply as a partner or a child
  • your family was formed after you left your country

 

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:

 

  • ‘Indefinite leave to remain’
  • ‘Indefinite leave to enter’
  • ‘No time limit’

 

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: 

 

  1. If you obtained leave by deception
  2. If you were granted ILR as a refugee, and cease to be a refugee
  3. If you stay outside of the UK for a continuous period of two years.

Contact White Horse Solicitors & Notary Public for expert advice by experienced professionals on all areas of Immigration law. The many conditions and immigration requirements that must be met are handled by White Horse Solicitors and Notary Public with excellent professionalism, reliable conduct and integrity. We will ensure that our advice focuses on your personal circumstances and will always aim to achieve brilliant results for our clients.

 

White Horse Solicitors & Notary Public is well placed and highly qualified in providing professional advice and assistance on making an application for Indefinite Leave to Remain (ILR) under Refugee or Humanitarian Protection route. We recommend getting in contact with us on 020 7118 1778 for our specialist and professional advice on such an application before any action is taken.

The information contained on this page is sourced from UK Visas and Immigration and is subject to change. White Horse Solicitors & Notary Public makes every effort to keep this information current, however prices and information cannot be guaranteed and should always be checked on www.gov.uk.

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