This route is for refugees and those granted humanitarian protection to obtain settlement after five years of holding the status and living in the UK. Dependants who were included in the initial asylum claim and were granted leave in line may also apply for settlement at the same time.
ELIGIBILITY REQUIREMENTS FOR REFUGEE SETTLEMENT
- Applicants must meet the requirements listed below in order to be eligible for Settlement through the protection route.
- For a continuous period of five years, you must have held a residence permit in the UK as a refugee or person granted humanitarian protection leave (or their dependant).
- The residence permit is still in effect and has not been revoked.
- Do not have a criminal record or evidence of extremist behaviour that contradicts British values.
- There have been no significant changes in the home country’s circumstances that necessitate the grant of refugee leave.
- For extended periods of time or on multiple occasions, not returned to the country of origin or habitual residence
- Not obtained a national passport from the country from which asylum or humanitarian protection was sought.
The applicants must apply for settlement through the protection route and may include any family members who were granted leave in accordance with the refugee or any children born in the UK. Once the application is submitted, the Home Office will proceed to biometric enrolment and the receipt of supporting documentation. The Home Office has a Safe Returns policy in place and will consider whether the grant of Settlement is no longer appropriate and whether the individual no longer requires the protection that was originally sought and granted. The reasons for cessation (revocation of refugee status) must be compelling, which is a high bar to clear. As a result, applicants are encouraged to submit detailed evidence demonstrating current risk based on country background evidence. If the settlement application is denied but the refugee status is not revoked, a three-year limited stay will be granted, which can be renewed.
HOW CAN WE HELP?
Our Immigration Solicitors are well-versed in guiding clients through the refugee protection process. In addition to being a multi-award-winning law firm, we pride ourselves on being approachable, innovative and always going the extra mile to ensure that our clients receive the individual attention they deserve.” Because of this, our Immigration team has earned a solid reputation for providing our clients with sound advice that is easy to understand and can be relied upon.
QUESTIONS AND ANSWERS
Q: WILL I BE ELIGIBLE FOR SETTLEMENT IF I HAVE PREVIOUSLY BEEN IMPRISONED?
A: To be eligible, the applicant must not have been sentenced to imprisonment for 4 years or more, or sentenced between 12 months and 4 years with less than 15 years elapsed since the end of sentence, or sentenced to imprisonment for less than 12 months with less than 7 years elapsed, or received a non-custodial sentence or other court disposition that is recorded on criminal records with less than 2 years elapsed since the end of sentence. Furthermore, it is critical that the Secretary of State does not believe that the applicant has caused serious harm by the offence or has persistently offended with particular disregard for the law.
Q: WHAT OPTIONS DO I HAVE IF MY REFUGEE STATUS IS REVOKED?
A: Any revocation of refugee status or humanitarian protection is usually subject to an appeal to immigration tribunals. Individuals in this situation are strongly advised to seek legal counsel.
Q:IS THERE A FEE FOR FILING A SETTLEMENT APPLICATION?
A: There is no fee for applying for asylum as a refugee or as a person granted humanitarian protection.
Q: CAN I INCLUDE MEMBERS OF MY FAMILY ON A SETTLEMENT APPLICATION?
A: If the refugee sponsor’s partner or any children are already in the UK as pre-flight dependants, they may include them on the settlement application. Children born in the United Kingdom can also be included. Post-flight family members are not eligible to apply for a settlement protection route with the refugee sponsor and must instead follow the normal path to settlement through the family route.
Q: DO I NEED TO DEMONSTRATE MY ENGLISH LANGUAGE SKILLS OR PASS A LIFE IN THE UK TEST?
A: Refugee applicants who have lived in the UK for 5 years and are applying for settlement under the protection route are exempt from the Knowledge of Language and Life in the UK requirements.