You can apply for refugee 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 at the same time as you, who were dependent on your claim, may also be included in the application.
The requirements for indefinite leave to remain in the UK as a refugee or person granted humanitarian protection are that:
- You have held a residence permit as a refugee or person granted humanitarian protection status (or their dependant), for a continuous period of five years in the UK; and
- This residence permit has not been revoked or not renewed; and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 or 4 years if less than 15 years has passed since the end of your sentence; or
- Sentenced to imprisonment for less than 12 months, if less than 7 years has passed since the end of the sentence; or
- Received a non-custodial sentence (such as a fine or community sentence) or other out of court disposal (such as a penalty notice or caution) that is recorded on your criminal record, if less than 2 years has passed since you received this; and
- The Secretary of State does not consider that you have caused serious harm by your offending; and
- The Secretary of State does not consider that you have persistently offended and shown a particular disregard for the law; and
- The Secretary of State does not consider that it is undesirable to grant settlement in the UK in light of your conduct, character or associations or the fact that you represent a threat to national security.
If your application for settlement is refused, but the Home Office does not propose to revoke your status as a refugee or a holder of humanitarian protection status, as you are still in need of protection, you will be granted limited leave for a period of 3 years, which may be renewed.
Please contact one of our experienced lawyers to discuss more about your settlement application on 0330 058 3929.