If you are a non-UK national and have been granted international protection in the United Kingdom for 5 years, you may qualify for indefinite leave to remain in the UK.
You can apply for settlement if you have been granted asylum or humanitarian protection status in the UK and have held this status for 5 years. Any dependants granted asylum or humanitarian protection in line may also be included in the application.
Requirements for settlement as a refugee or person with humanitarian protection status In order to qualify for indefinite leave to remain in the UK as a refugee or person with humanitarian protection status, you will need to satisfy UK Visas and Immigration that:
- You have held a UK Residence Permit as a person granted asylum or humanitarian protection status for a minimum period of 5 years; and
- Your UK Residence Permit has not been revoked or not renewed; and
- You have not been:
- Sentenced to imprisonment for 4 years or more; or
- Sentenced to imprisonment for between 12 months and 4 years, if less than 15 years has passed since the end of your most recent such sentence; or
- Sentenced to imprisonment for less than 12 months, if less than 7 years has passed since the end of your most recent such sentence; or
- Been convicted of an offence for which you either received a non-custodial sentence (such as a fine or community sentence) or for which another out of court disposal is recorded on your criminal record (such as a penalty notice or caution), if less than 2 years has passed since you received your sentence; or
- The Secretary of State considers that you have persistently offended and shown a particular disregard for the law, if less than 7 years has passed since your most recent sentence was received.
Revoked or not renewed
A grant of asylum may be revoked or not renewed if the Secretary of State is satisfied that you no longer need the protection of the UK. Circumstances which may lead to such a decision include:
- You have voluntarily returned to your country of nationality; or
- Having lost your previous nationality, you have voluntarily re-acquired it; or
- You have acquired a new nationality and enjoy the protection of that new country; or
- You have re-established your life in the country in which you previously claimed to fear persecution; or
- There have been significant and long lasting changes in the circumstances giving rise to your grant of asylum which mean that you cannot reasonably refuse to seek the protection of your country of nationality or former habitual residence; or
- You should be, or are, disqualified from being a refugee (e.g. due to having committed a crime against peace, a war crime, a crime against humanity, or acts contrary to the purpose and principles of the United Nations); or
- You have used a misrepresentation, submitted false documents, or omitted facts which were decisive for the grant of asylum; or
- There are reasonable grounds for regarding you to be a danger to the security of the UK; or
- You have been convicted of a particularly serious crime and constitute a danger to the community of the UK.
A grant of humanitarian protection status may be revoked or not renewed for analogous reason
Refugee Family Reunion. If you have already been granted refugee status in the UK and have not yet completed your 5-year leave to remain period, you can apply to have your wife and children join you in the UK. Please see our section entitled refugee family reunion for more information.