Refugee Settlement ILR Solicitors

To make a successful application an applicant must meet the suitability requirements and have spent five continuous years in the UK with protection status, which cannot have been revoked or renounced. This makes the eligibility requirements relatively short compared with that of other indefinite leave to remain applications.
 
Even though it is not referred to in the immigration rules, the Home Office caseworker guidance does make clear that the Home Office will also undertake a ‘safe return review’ when considering the application. This means that the Home Office will review whether there have been any changes that mean an applicant’s protection status should be revoked or not renewed.
 
When carrying out a safe return review, the Home Office will consider any significant and non-temporary changes in the applicant’s country of origin, consider any changes in an applicant’s personal circumstances and whether an applicant has obtained a national passport from their country of origin. They will also check whether an applicant has travelled back to their country of origin without their knowledge. Depending on the circumstances, the Home Office may decide that the applicant no longer needs protection, which would result in the application being refused.
 
Partners and children of the main applicant can sometimes be eligible for settlement on this route too. For a partner, this depends on them having accompanied the main applicant when they applied for asylum and included in the application, or having already been in a relationship and joining the main applicant after the grant of asylum under the now defunct family reunion rules. The application for asylum must have been made before 28 June 2022 and they must also meet the suitability requirements. A child born in the UK after a parent was granted protection status can apply for settlement even if they have not previously applied for limited leave on the protection route.

Unlike most applications for indefinite leave to remain, this application is free of charge. As well as having no application fee, there is also no immigration health surcharge to pay.

As with any immigration application, avoiding a refusal depends on the applicant establishing that they meet the relevant requirements through the information provided on the application form and supporting documents.
 
This means that it is important to establish as early as possible whether the requirements are met (and if not, when they will be) and whether the applicant is able to provide documents to support their circumstances. This may also mean explaining any questions that the Home Office may have about an applicant’s eligibility, for example why they could not be expected to return if there has been in a significant and non-temporary change in their country of origin, or why they briefly returned to their country of origin during their original grant of leave. Examples like these may lead to refusal but are not mandatory grounds for refusal so any explanation or documents establishing that protection status is still necessary may be vitally important in the outcome of the application.

If an application is refused it is important to understand the reasons why before deciding what to do next. When the Home Office decide that an applicant does not meet the requirements for settlement they will then consider whether the applicant should be granted further permission to stay for a period of at least 30 months. Alternatively, they may refuse the application outright.
 
If an applicant has their settlement application refused but further permission to stay is granted, then there is no right of appeal unless their protection status is revoked. This means the only way of challenging the decision is by way of judicial review.
 
If an application is refused outright because an applicant’s protection status has been revoked, then the applicant has a right of appeal against the revocation of their status.

There is no immigration health surcharge payable when making an application on this route, or after the application is granted.