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Settlement as a Refugee/Humanitarian Protection

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Settlement, also known as Indefinite Leave to Remain (ILR), grants you permission to stay in the UK without immigration time limits. If you’ve been granted refugee status or humanitarian protection, you may apply for settlement after you’ve spent 5 years on a protection route in the UK. Once granted, you can live, work, study, and (in many cases) access public funds and later apply for British citizenship.

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Who Can Apply

You may be eligible to apply if:

✅ You have been granted Refugee Status or Humanitarian Protection in the UK.
✅ You have lived continuously in the UK for 5 years on a protection route.
✅ Your protection status has not been revoked or withdrawn.
✅ You have not breached immigration laws or committed serious criminal offences.
✅ You are currently living in the UK at the time of your application.

Dependants

  • Partners and children of someone with protection status may apply for settlement alongside them, provided they have permission as their dependents under the protection route.
  • They must also satisfy validity & suitability requirements.

What You Must Prove

Your application must:

  1. Be made online using the Home Office ILR application for those on protection routes.
  2. Provide biometrics and prove identity & nationality.
  3. Show continuous residence for 5 years under a protected status.
  4. Demonstrate you satisfy suitability criteria (if you have criminal convictions or other adverse history, show they fall outside the refusal thresholds).
  5. Prepare for safe return review – the Home Office will check whether you still need protection and evaluate your country of origin’s conditions.
  6. If applying as a dependant, show evidence of the relationship and that you qualify under partner/child rules.

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The Safe Return Review

When you apply for a settlement, the Home Office will carry out a Safe Return Review to check whether you still need protection.

They will assess:

  • Current conditions in your home country.
  • Whether you have re-established connections there.
  • Whether it would now be safe for you to return.

If it is still unsafe for you to go back, your ILR will usually be granted.

What Happens After You Get ILR?

Once you have been granted Indefinite Leave to Remain:

  • You can live and work in the UK indefinitely.
  • You can travel in and out of the UK freely, although long absences may affect citizenship eligibility.
  • You can apply for British citizenship after 12 months of holding ILR.
FREQUENTLY ASKED QUESTIONS

Can I apply before completing 5 years?
Generally, no 5 years are required, but rare exceptions exist.
Does a criminal conviction affect my ILR?
Not always, but a custodial sentence of 4 years or more may lead to refusal without sufficient time post-sentence.
Can I travel outside the UK while my application is pending?
No, leaving may withdraw your application.
Do I need to pass the English/Life in the UK test for settlement?
No, for protection route settlement, these tests are typically not required.

References

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-settlement-protection