Indefinite Leave to Remain (ILR) as a Refugee in the UK
Protection status does not stop here; those who have stayed in the UK for five years under this status can now go ahead to apply for Indefinite Leave to Remain (ILR). The confirmation of a permanent residency here in the UK allows you not just to work but also to study, have access to the NHS and public funds, and eventually be eligible to apply for British citizenship, all this without further restrictions in the immigration sector.
Protection status does not stop here; those who have stayed in the UK for five years under this status can now go ahead to apply for Indefinite Leave to Remain (ILR). The confirmation of a permanent residency here in the UK allows you not just to work but also to study, have access to the NHS and public funds, and eventually be eligible to apply for British citizenship, all this without further restrictions in the immigration sector.
About Indefinite Leave to Remain (ILR) as a Refugee
When a person is given asylum or humanitarian protection in the UK, such a person has the right to apply for ILR after a continuous residence of five years. ILR means that you have been confirmed as having the right to stay permanently without further immigration control. Refugees are thus encouraged to tap into their potential by becoming beneficiaries, seeking employment, and contributing to the creation of a safe environment in the UK.
Some features:
- Five years date from the day refugee status or humanitarian status was given.
- You mustn’t overstay your absence from the UK for more than 180 days in any 12 months.
- You are not required to pass the English language or Life in the UK tests.
The full benefits of ILR can be seen in various areas of a refugee’s life, including furthering their education, purchasing a home, and reuniting with their family. By following legal procedures, you can gather the necessary documents, avoid mistakes, and easily meet deadlines.
To be able to apply for refugee ILR, you have to comply with the conditions of the Home Office:
1. Five Years of Refugee Protection
It is a basic requirement that you have been given permanent asylum or humanitarian protection for at least five years. The time before status cannot be included.
2. Continuous UK Residence
Absences must be limited:
- Not more than 180 days in total of 12 months abroad
- There should be no unrecorded overstays or illegal re-entries
3. Good Character
You are not allowed to have criminal records or cases of violations of immigration law. Minor misdemeanours could be taken into account if they are in the same context.
4. Supporting Documentation
You have to give the following:
- The travel document or BRP, which is valid now
- Proof of refugee status or humanitarian status and the date of the decision
- Keeping a travel record for the qualified period
There are NO English language requirements, and a Life in the UK test is not required. Financial self-sufficiency is required where possible, but public funds can also be used.
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Across Immigration Solicitors UK, our committed team propels refugee legal right to remain with confidence. We provide:
- Professional check of your uninterrupted residence
- Full screening and writing all documentation
- Submission of the application and continuous communication with the Home Office
- Supporting in a case of refusal or asking of extra evidence
- Help with citizenship for the UK later
Our work ensures that your request is accurate, completed on time, and has the highest likelihood of success.
Refugees have the option of including eligible dependents (i.e., spouses and minor children) in their ILR application, or they may submit separate applications.
- Spouses and Partners: Must provide proof of relationship, refugee status, and meet residence requirements.
- Children: Must be under 18 and show dependency; residence and lawful entry into the UK must be documented
Dependents have the option of applying either simultaneously with the principal refugee or at a later date, provided they have been granted refugee status for at least five years. The five-year period will start from the moment equal status is given, if the dependents arrive in the country later. They must comply with the good character standard and explain, however minor, any wrongdoings they might have committed if requested.
ISUK helps the families with:
- Managing multi-person applications
- Collecting proof of family relationships and co-residence
- Trusting that the dependents fulfill the requirements of continuity and legal stay
Thanks to our legal team, we can find a way to resolve the delays, clarify mistakes, and ensure that each family member receives ILR.
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Humanitarian status holders who are not refugees (for example, those whose situations have been identified as victims of trafficking) can also become ILR holders after five years. They also have to conform to the general ILR standards— uninterrupted residence, good character, and lawful status throughout—and provide proof. The track is different in that the time spent under several discretionary leaves is considered part of the five years.
Here’s the gist of how you can go about getting your ILR (refugee) status, which is not a walk in the park:
- Check Status and Qualifying Date. Ensure that you obtained your refugee status no later than five years ago.
- Fill out the SET(O) Application Form. This is the form most suitable for cases involving refugees and humanitarian protection.
- Collect Evidence to Submit with Your Application
- Referral papers or proof of your status as a refugee
- Your residential permit or other travel documents
- Pages of the record of the bio and entry
- Documents for absences from the UK of no more than 180 days per year
- Make an Application and Pay the Fee. The current ILR fee is £2,885, with the option of having priority service.
- Go to the Biometrics Appointment. Visit a UKVCAS center to register your fingerprints and photograph.
- Send and Wait for a Reply. The most efficient time is six months, during which you can expect to see the results. Priority services provide faster processing.
ISUK is there at your side, facilitating every single stage and pre-verifying your documents to ensure that the forms are in order, and taking over from UKVI if necessary.
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To avoid any delays, remember to provide
- Identity documents such as a Biometric Residence Permit or documents of refugee status
- UK travel record and entry mark
- Passport or travel document
- Supporting documents for residential continuity e.g., energy bills, lease agreements
- Travel history with times of departures and arrivals
- Certificate of good conduct (if necessary)
Most mistakes are committed by individuals who fail to provide proof of their exit date, have different names, or have an unreadable ID page. The ISUK also confirms the validity of the translations, the correctness of uploading the documents, scanning the documents, and setting the paper to comply with UKVI requirements.
Refugee applicants should remember that they are not obliged to take the English and Life in the UK tests as they are exempted; nevertheless:
- You must not be using public funds, which are subject to restrictions
- You must not have another non-ILR visa and break the terms
You have to keep your status legal during the qualifying period
Depending on the level of service, the processing times are as follows:
- Standard ILR decisions: up to 6 months
- Priority service: 5 working days for an additional fee
- Super priority: 24 hours, where available
It may take 2 to 4 weeks to prepare everything for submission. ISUK is there to ensure all is ready before they file the request, thus avoiding delays and creating greater efficiency.
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ISUK Expert Solicitors for Refugee ILR Applications
Our team of solicitors primarily handles cases involving refugees and discretionary settlement. We send you:
- Thorough suitability evaluations
- Preparation of the case and gathering of documents
- Information on government fees and choosing the best service
- Complete application and online monitoring
- Representation at interviews, appeals, and if the case is not accepted
- Professional assistance until the submission of the citizenship application
FAQ
Frequently Asked Questions
When can I apply for ILR as a refugee?
After five years from your asylum grant date.
Do I need to take the English or Life in the UK tests?
No, refugee ILR applicants are exempt from this requirement.
Can I include my family?
Yes, spouse and children may apply with you or separately after five years.
What if I’ve travelled abroad?
Ensure absences did not exceed 180 days within any year.
What is the cost?
£2,885 standard fee, plus biometric and optional priority charges.
How long does processing take?
Six months standard, priority 5 days; super-priority 24 hours.
Can ILR be lost?
Yes, if you seriously breach the law or remain outside the UK for over 2 years.
Are criminal convictions a problem?
Minor convictions may not disqualify you, but serious ones can.
What if my application is refused?
You can appeal or seek an administrative review. ISUK can help with both.
What are the next steps after ILR?
After 12 months, you’re eligible to apply for British citizenship with no residency tests.