Indefinite Leave as a Refugee
You may be able to apply for indefinite leave to remain (ILR) if you have a refugee status or humanitarian protection (sometimes called ‘settlement protection’ ) or Discretionary Leave.
What is the Eligibility Requirement to apply for Settlement as a refugee, Humanitarian Protection or discretionary Leave?
You must have a residence card if you’re a refugee or person with humanitarian protection.
You can apply after spending a continuous period of 5 years in the UK as either someone with refugee status or humanitarian protection.
You must not:
- Have been convicted of an offence that lead to 4 years or more imprisonment
- Have been convicted of an offence that lead to 12 months – 4 years imprisonment, unless 15 years has passed since the sentence ended
- Have been convicted of an offence that lead to less than 12 months imprisonment, unless 7 years has passed since the sentence ended
- In the 24 months prior to the application have been decided, convicted of or admitted to an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
- In the view of the Secretary of State caused serious harm by their offending or persistent offending and shown a particular disregard for the law.
If you have Discretionary Leave, you can apply after:
- 6 years if you were first given Discretionary Leave on or before 8 July 2012
- 10 years if you were first given Discretionary Leave from 9 July 2012
What does continuous Residence means for SET-P
In order to qualify for settlement on a protection route, the applicant’s refugee status or humanitarian protection must not have been revoked or renounced.
Supporting Documents Required for SET P
Any current or expired passports for the applicants
Any travel documents that have been issued
Any National Identity Cards
Current Biometric Residence Permit
Birth certificates for child dependents on application
Evidence you have established a life in the UK
Correspondence at your current address
English Language Exemption
If you are a person with a refugee status or humanitarian protection living in the UK or with discretionary leave you are exempted from the English Language Requirement.
What is the fee for ILR as a Refugee, Humanitarian Protection or Discretionary Leave
There’s no fee if you’re a refugee, a person with humanitarian protection or their partner or child.
If you have Discretionary Leave it costs £2,389 for you and each other person you include in your application.
How long does the entire process take to apply for SET-P
If you have refugee status or humanitarian protection you cannot use the ‘super priority service’. You’ll usually get a decision within 6 months.
However, those with Discretionary Leave can apply for Super Priority service and will get their decisions in 2 working days.
What happens once your application is approved
If your application is approved, You can do the following : work, run a business, study, use public services, such as healthcare and schools, apply for public funds (benefits) and pensions
You can apply for British citizenship, usually after a minimum of 12 months.
Can my ILR Be Revoked?
You can lose your indefinite leave to remain if you:
- travel back to the country you sought asylum from
- stay outside the UK for more than 2 years
What Happens if my SET P Application is Refused?
The decision to refuse settlement is not an appealable decision.
However, If the application is refused because your protection status has been revoked, you have a right of appeal.
WHY ADAM BERNARD SOLICITORS?
- We understand the importance of making these applications and the impact they have on our clients’ lives. We balance sensitivity with professionalism to ensure that our clients’ meet their goals.
- Our team of best immigration solicitors in Central London and East London have years of experience in navigating the requirements under this route and will ensure that your application is comprehensively covered.
- We have achieved numerous clients settlement over the years as evidenced through our clients testimonies