REFUGEE SETTLEMENT

A person who has held refugee status or humanitarian protection in the UK for a continuous period of at least five years may be eligible to apply for indefinite leave to remain under Appendix Settlement Protection of the Immigration Rules.

Indefinite leave to remain, commonly referred to as ILR or settlement, allows a person to live in the UK without a time limit. It provides unrestricted access to employment and study, access to public funds where eligible and, in due course, can provide a route to British citizenship.

The settlement rules changed significantly in 2026 because many people granted refugee status or humanitarian protection following claims made on or after 2 March 2026 now receive 30 months’ protection permission at a time, rather than a single five-year grant.

The settlement qualifying period itself has not, however, been reduced or extended by that change. The current Rules continue to require at least five years in the UK with refugee status or humanitarian protection.

Settlement is not automatic after five years. The applicant must satisfy the settlement requirements and their continuing need for protection will ordinarily be considered as part of a safe-return review.

1. What Is Settlement on the Protection Route?

Settlement on the protection route is the process by which a person with refugee status or humanitarian protection can obtain indefinite leave to remain in the UK.

The relevant Immigration Rules are contained in Appendix Settlement Protection.

Settlement differs from refugee status itself.

Refugee status confirms that a person meets the Refugee Convention definition.

Humanitarian protection applies to certain people who do not qualify as refugees but who would face a real risk of specified forms of serious harm if returned.

Permission to stay on a protection route is the time-limited immigration permission that ordinarily accompanies refugee status or humanitarian protection before settlement.

Settlement, or indefinite leave to remain, removes that time limit.

A person therefore does not cease to have a protection history simply because they obtain ILR. The basis on which settlement was granted can remain relevant, particularly if questions subsequently arise concerning return to the country of origin or cessation of refugee status.

2. Who Can Apply for Refugee Settlement?

The central eligibility requirement is that the applicant must have spent a continuous period of at least five years in the UK with either refugee status or humanitarian protection.

The applicant’s refugee status or humanitarian protection must also not have been:

• revoked; or
• renounced.

A settlement application is therefore concerned with two fundamental questions:

1. Has the applicant completed the required five-year period with protection status?
2. Does the applicant continue to be entitled to that protection status?

Suitability requirements, including specified criminality and public-good provisions, must also be satisfied.

A person who has another type of immigration permission, such as Discretionary Leave, may have a different route to settlement even where their original circumstances involved human-rights or protection issues.

3. How Do the 2026 Refugee Permission Changes Affect Settlement?

The rules governing the length of protection permission changed for asylum claims and further submissions made from 2 March 2026.

This change is important because it affects how a refugee reaches the five-year settlement point.

Claims Made Before 2 March 2026

People granted refugee status or humanitarian protection following relevant claims made before 2 March 2026 will ordinarily have received a protection grant of at least five years.

In many such cases, the first protection grant itself takes the applicant to the point at which they can apply for settlement.

They should normally make their settlement application towards the end of that permission, once the five-year qualifying period is being completed.

Claims Made on or After 2 March 2026

Most people granted refugee status or humanitarian protection following an asylum claim or relevant further submissions made on or after 2 March 2026 now receive protection permission for a minimum of 30 months.

The five-year settlement requirement nevertheless remains.

As a result, a typical applicant under the newer system may progress as follows:

1. refugee status or humanitarian protection is granted;
2. the applicant receives 30 months’ protection permission;
3. shortly before that permission expires, the applicant applies for further protection permission;
4. if they continue to require protection, they receive a further period of protection permission;
5. once they have completed five years in the UK with the required protection status, they can apply for settlement.

A safe-return review can arise when further protection permission is considered as well as at settlement stage.

Unaccompanied Asylum-Seeking Children

Special provisions currently apply to unaccompanied asylum-seeking children within the relevant protection rules.

They continue to receive a longer minimum period of protection permission in the circumstances prescribed by the Rules.

Anyone approaching the end of their protection permission should check the expiry date carefully and determine whether the next application should be for further protection permission or settlement.

4. When Should You Apply for Refugee Settlement?

Timing is important.

A settlement application should normally be made in the last month of the applicant’s existing permission to stay.

An applicant should therefore establish:

• when refugee status or humanitarian protection was granted;
• when their qualifying protection period began;
• when five years will be completed; and
• when their current immigration permission expires.

These dates are not always identical.

Applying Too Early

An applicant should not assume that a settlement application can be made several months before the five-year qualifying period is complete simply because their eventual eligibility is clear.

Where an application is made significantly early, settlement may be refused if there are no exceptional circumstances justifying an early grant.

In particular, an applicant with more than three months of protection permission remaining should consider carefully whether a settlement application is premature.

Applying After Permission Has Expired

An application should also not be left until after protection permission has expired.

A person who fails to make the required application in time may become an overstayer and may lose the benefit of section 3C leave while the late application is pending.

Importantly, the expiry of immigration permission does not by itself necessarily mean that the underlying refugee status or humanitarian protection has automatically ceased.

However, failing to renew permission in time can create serious practical and legal problems.

Anyone who has allowed protection permission to expire should obtain advice before assuming that their previous rights simply continue unchanged.

5. Validity Requirements for Settlement Protection

A Refugee Settlement application must be valid before the Home Office will proceed to determine whether the substantive settlement requirements are met.

The applicant must normally:

• use the specified online settlement application;
• provide any required biometric information;
• satisfactorily establish their identity and nationality;
• be physically present in the UK on the date of application; and
• have, or have last held, the relevant protection-route permission.

Applications by eligible partners and children are subject to their own validity provisions.

A settlement application that does not meet the applicable validity requirements can be rejected without the substantive settlement case being considered.

Identity and Nationality

Refugees do not always possess a valid national passport.

The absence of a national passport does not itself prevent a settlement application where identity and nationality can satisfactorily be established in another appropriate way.

Relevant documents can include protection and immigration records, Home Office-issued travel documents and other reliable evidence.

A recognised refugee should not obtain a passport from the authorities of the country from which they sought protection without first considering the potential consequences for their protection status.

6. The Five-Year Qualifying Period

The principal applicant must have spent a continuous period of at least five years in the UK with refugee status or humanitarian protection.

The requirement is expressed by reference to the applicant’s protection status, rather than simply requiring possession of one five-year immigration document.

This distinction has become particularly important following the introduction of 30-month protection permission.

A person can therefore potentially satisfy the five-year settlement requirement through successive periods of protection permission, provided they have maintained the necessary protection status throughout the qualifying period.

Applicants should retain evidence of their immigration history, particularly where they have received more than one grant of protection permission.

Periods spent in the UK before refugee status or humanitarian protection was granted will not ordinarily substitute for the five-year protection-status requirement under Appendix Settlement Protection.

However, individual immigration histories can be complex and another route to settlement may occasionally need to be considered.

7. What Is the Refugee Settlement Safe-Return Review?

Settlement on the protection route is not simply an administrative conversion of temporary permission into ILR.

When the application is considered, a safe-return review will ordinarily be undertaken.

The purpose of the review is to determine whether anything has changed since protection was granted that could mean:

• refugee status should be revoked or not renewed; or
• humanitarian protection should be revoked or not renewed.

The review can consider both country conditions and the applicant’s personal circumstances.

Changes in Country Conditions

The Home Office may consider whether there has been a significant and non-temporary change in the country from which protection was granted.

A change of government, change in security circumstances or improvement in general country conditions does not automatically mean that protection is no longer required.

The question is whether the change is sufficiently fundamental and durable that the original risk of persecution or serious harm has ceased.

The applicant’s individual circumstances remain important.

A general improvement in conditions may not remove a particular person’s risk.

Changes in Personal Circumstances

The reasons why a person originally required protection can also change.

For example, a change in any of the following may potentially affect the original protection analysis:

• family circumstances;
• political profile;
• personal relationships;
• religious circumstances;
• health;
• nationality; or
• another individual characteristic.

However, the disappearance of one risk factor does not necessarily mean the person is safe to return.

If another Convention risk or risk of serious harm continues to exist, protection may still be required.

Return Travel to the Country of Origin

Travel back to the country from which protection was sought can be particularly important.

Factors potentially considered include whether the person returned:

• on several occasions;
• for lengthy periods;
• voluntarily;
• without notifying the Home Office of compelling or compassionate circumstances; and
• in circumstances suggesting that they no longer fear persecution or serious harm.

A return visit does not automatically mean that refugee status must be revoked.

A very short journey for a compelling or compassionate reason may be materially different from repeated voluntary stays.

The circumstances and purpose of the travel require careful examination.

Obtaining or Using a National Passport

Obtaining a passport from the authorities of the country of nationality can also raise questions about whether a refugee has voluntarily re-availed themselves of the protection of that country.

It does not follow that every interaction with a national authority automatically ends protection status.

Nevertheless, obtaining or using a national passport is sufficiently significant that a recognised refugee should obtain advice before doing so.

8. Can Refugee Status or Humanitarian Protection Be Revoked?

Yes, in circumstances prescribed by the Refugee Convention, legislation and Immigration Rules.

Protection status is not necessarily permanent merely because it has previously been recognised.

Cessation of Refugee Status

Refugee status may cease in circumstances including where a refugee voluntarily:

• re-avails themselves of the protection of their country of nationality;
• reacquires a nationality they previously lost;
• acquires a new nationality and enjoys the protection of that country; or
• re-establishes themselves in the country they previously left because of persecution.

Cessation may also arise where the circumstances that caused refugee recognition have ceased to exist in a sufficiently significant and durable way.

The precise legal test depends on the provision relied upon and the individual’s circumstances.

Exclusion and Serious Conduct

Protection status may also be affected by matters such as:

• exclusion under Article 1F of the Refugee Convention;
• national-security concerns;
• particularly serious criminality;
• danger to the community; and
• conduct falling within other revocation provisions.

These questions are legally distinct from an ordinary settlement suitability refusal.

A person may fail the settlement suitability requirements while nevertheless continuing to need international protection.

Misrepresentation and Fraud

If evidence emerges suggesting that protection status was originally obtained through deception or material misrepresentation, the Home Office may consider whether the protection grant should be revoked.

Such cases can involve separate issues concerning immigration status, criminal investigation and appeal rights.

Humanitarian Protection

Humanitarian protection can also cease or be revoked where the circumstances justifying protection have changed sufficiently or where another applicable revocation or exclusion provision applies.

Anyone facing a protection-status review should consider the underlying refugee or humanitarian-protection issues separately from the immediate question of settlement.

9. Suitability and Criminality Requirements

Appendix Settlement Protection contains specific settlement suitability requirements.

Criminality does not necessarily mean that refugee status itself comes to an end. However, it can prevent or delay a grant of settlement.

As at 8 October 2026, the principal settlement consequences include:

Criminality or Conduct	Settlement Position
Custodial sentence of 4 years or more	Settlement must be refused
Custodial sentence of at least 12 months but less than 4 years	Settlement must be refused unless 15 years have passed since the end of the sentence
Custodial sentence of less than 12 months	Settlement must be refused unless 7 years have passed since the end of the sentence
Relevant non-custodial sentence or recorded out-of-court disposal	Settlement must be refused where it falls within the 24 months before the settlement decision
Persistent offender showing particular disregard for the law	Settlement must be refused
Offence or offences causing serious harm	Settlement must be refused
Conduct, character, associations or national-security concerns making settlement not conducive to the public good	Settlement must be refused

These rules apply to convictions in the UK and overseas where the relevant provision is engaged.

The criminal sentence itself is not always the only relevant issue. Conduct that falls outside the specified conviction thresholds can still be material where the public-good provision applies.

Criminality and Continuing Protection

Failure to qualify for settlement because of criminality does not necessarily mean that the person can lawfully be returned to their country.

If the person continues to be entitled to refugee status or humanitarian protection, the Rules require consideration of further protection permission.

Serious criminality can, however, also raise separate questions concerning exclusion, revocation, Article 33(2) of the Refugee Convention and deportation.

Specialist advice is particularly important where criminality and international protection overlap.

10. Can Your Partner and Children Apply for Settlement With You?

Eligible partners and children of a person on the protection route may also qualify for settlement under Appendix Settlement Protection.

The requirements are not simply that the family member was included in the original asylum claim.

Partners

A partner may qualify where the principal person:

• has refugee status or humanitarian protection and is being granted settlement at the same time; or
• has already settled on the protection route and the applicant had the relevant permission as their partner when the principal person settled.

The relationship must also satisfy the applicable partner relationship requirements.

This includes consideration of whether the relationship is genuine and subsisting and whether the couple intend to continue their life together.

Children

A child must meet the relevant settlement requirements in Appendix Children, including the applicable:

• relationship requirement;
• age and independent-life requirement; and
• care requirement.

A child over 18 is not automatically excluded where they were last granted the relevant permission as a dependent child and continue to satisfy the applicable dependency and independent-life requirements.

Children Born in the UK

A child born in the UK to a parent with refugee status or humanitarian protection can also be relevant to the settlement route even where the child did not previously hold dependant protection permission in the same way as an overseas-born child.

A full UK birth certificate will ordinarily be important evidence.

Does a Dependant Need Five Years?

The settlement requirements for a dependant partner or child are not identical to the principal applicant’s five-year protection-status requirement.

The relevant dependant settlement provisions should therefore be considered directly rather than assuming that every family member must independently establish five years of refugee or humanitarian-protection status.

If a family member cannot yet qualify for settlement but continues to qualify as a partner or child on the protection route, further permission may instead be granted.

11. Do Refugees Need to Pass the Life in the UK Test or an English Test?

No.

A person applying for settlement as a refugee or as a person with humanitarian protection is exempt from the normal Knowledge of Language and Life in the UK requirement.

This means that the principal protection applicant does not need to:

• pass the Life in the UK Test; or
• demonstrate the English-language level normally required on many other settlement routes.

Appendix Settlement Protection also does not impose an English-language or Life in the UK requirement on an eligible partner or child applying for settlement through that protection-route dependant framework.

This should not be confused with a later application for British citizenship.

Naturalisation has separate English-language and Life in the UK requirements unless an applicable nationality-law exemption is available.

12. Refugee Settlement Application Fee

There is currently no Home Office application fee for a person applying for settlement on the basis of refugee status or humanitarian protection.

The fee exemption also applies to an eligible partner or child applying for settlement through the protection route.

This is different from most other indefinite leave to remain applications.

There is also no Immigration Health Surcharge payable for an ILR application.

Applicants may nevertheless incur separate costs if they choose to obtain legal advice, translations, expert evidence or other professional assistance.

13. Evidence for a Refugee Settlement Application

The settlement application is not normally an opportunity to re-prove the entire original asylum claim from the beginning.

However, sufficient evidence must be provided to establish that the application is valid and that the settlement requirements are satisfied.

Depending on the circumstances, relevant evidence may include:

Identity and Protection Status

This can include:

• current immigration-status evidence;
• a Home Office-issued travel document;
• previous protection decision letters;
• identity documentation; and
• other Home Office correspondence.

Evidence Concerning the Five-Year Period

The Home Office will have records of protection grants, but applicants should ensure that their immigration chronology is accurate.

This is especially important where:

• more than one period of protection permission has been granted;
• permission was renewed late;
• there has been a change of status; or
• immigration records appear inconsistent.

Travel and Passport Evidence

Where the applicant has:

• returned to their country of origin;
• travelled using a national passport;
• obtained a new national passport; or
• had significant overseas travel,

the circumstances may need to be explained.

Relevant evidence could include travel documents, medical or family evidence demonstrating the purpose of a visit, and an explanation of why the travel did not indicate that international protection was no longer required.

Evidence of Changed Circumstances

Where there has been a material change since protection was granted, evidence may be needed to explain why protection remains necessary.

This could involve updated:

• country evidence;
• medical evidence;
• witness statements;
• family evidence; or
• other material addressing the continuing risk.

Evidence for Partners and Children

A dependant application may require evidence concerning:

• the relationship;
• continued family life;
• the child’s birth and parentage;
• dependency;
• living arrangements; and
• care arrangements.

There is no single universal refugee settlement document checklist. Evidence should be tailored to the requirements and any particular issue arising in the case.

14. How to Apply for Refugee Settlement

The principal applicant must apply online using the specified protection settlement application.

Depending on the system available at the time, this will be the designated application for a refugee or person with humanitarian protection or the relevant Settlement Protection form.

The general process is:

1. establish the correct settlement date;
2. complete the online application;
3. provide the required identity and immigration information;
4. upload or submit supporting evidence;
5. provide biometric information where required; and
6. remain in the UK while the application is being considered.

An applicant should ensure that any potentially significant issue is addressed openly.

This is particularly important where there has been:

• travel to the country of origin;
• use of a national passport;
• criminal offending;
• late renewal of protection permission;
• a material change in personal circumstances; or
• an issue concerning the original protection grant.

Leaving a known issue unexplained can result in delay, further enquiries or referral for a protection-status review.

15. How Long Does a Refugee Settlement Application Take?

The current published processing period is up to six months.

The six-month period runs from the relevant point at which the application is submitted or biometric information is provided, depending on the identity process used.

A case may take longer where, for example:

• documents require verification;
• further evidence is needed;
• an interview is required;
• criminality needs to be investigated;
• there are concerns about continuing protection status; or
• the case is referred for a safe-return or revocation review.

Is Priority or Super Priority Available?

The super priority settlement service is not currently available to applicants applying for ILR on the basis of refugee status or humanitarian protection.

Applicants should therefore plan around the ordinary processing period rather than assuming that a faster paid service can be purchased.

16. Can You Travel While a Refugee Settlement Application Is Pending?

Applicants should not travel outside:

• the UK;
• Ireland;
• the Channel Islands; or
• the Isle of Man

while their settlement application is awaiting a decision.

If they do, the settlement application can be treated as withdrawn.

This is particularly important given that a Refugee Settlement application can take several months to determine.

Anyone who anticipates needing to travel should take this restriction into account when planning the timing of the application.

Separate and additional protection-status concerns can arise where the proposed travel is to the country from which the person sought asylum.

17. What Happens if Refugee Settlement Is Granted?

A successful applicant is granted indefinite leave to remain.

ILR allows the person to live in the UK without a time limit.

A settled person can generally:

• work without immigration restrictions;
• be self-employed or run a business;
• study;
• use public services;
• access public funds where otherwise eligible; and
• potentially apply for British citizenship when the nationality requirements are met.

Travel After Settlement

Settlement provides much greater immigration security, but ILR can still be affected by prolonged absence.

Ordinary ILR can lapse where a person remains outside the UK for a continuous period of more than two years.

A person who has settled following refugee status should also continue to exercise caution before travelling to the country from which they sought protection.

Return to that country can raise questions not only about refugee status but, in appropriate circumstances, about the basis on which indefinite leave is retained.

Legal advice should be obtained before significant or repeated return travel where the original protection history remains relevant.

18. What Happens if Refugee Settlement Is Refused?

A Refugee Settlement application can have more than one possible outcome.

Settlement Refused but Protection Continues

If the applicant does not satisfy all the settlement requirements but remains entitled to:

• refugee status; or
• humanitarian protection,

the Rules provide for a further period of permission to stay on the protection route of at least 30 months.

The application for settlement is therefore also considered as an application for further protection permission where settlement cannot be granted.

There may be circumstances in which a longer period is considered appropriate.

This distinction is important.

A refusal of ILR because, for example, a settlement suitability requirement is not met does not automatically establish that the applicant can safely return to their country.

Appeal Rights Where Further Permission Is Granted

A refusal of settlement accompanied by a further grant of protection permission is not itself an appealable immigration decision merely because ILR was refused.

There is therefore no ordinary statutory appeal simply against the refusal to grant settlement in those circumstances.

Depending on the issue, other remedies may need to be considered.

Protection Status Revoked

The position is different where the decision involves revocation of protection status.

A decision to revoke protection status can carry a statutory right of appeal.

The legal issues in such an appeal can include whether the circumstances justifying protection have genuinely and durably ceased or whether another revocation provision is properly engaged.

Settlement and Further Permission Both Refused

Where the Home Office concludes that the applicant qualifies neither for settlement nor for further protection permission, the consequences are substantially more serious.

The decision should be reviewed urgently to determine:

• whether protection status has been revoked;
• whether a human rights claim has been determined;
• what appeal rights arise;
• whether judicial review may be appropriate; and
• whether any further immigration application is available.

19. British Citizenship After Refugee Settlement

Refugee settlement can provide a route towards British citizenship by naturalisation.

Obtaining ILR does not itself make a person British.

A person who is not married to a British citizen will ordinarily need to have held indefinite leave to remain for at least 12 months before applying for naturalisation.

A person married to or in a civil partnership with a British citizen may potentially apply without waiting 12 months after settlement, provided the separate three-year residence and other nationality requirements are satisfied.

Naturalisation has its own requirements concerning matters including:

• residence in the UK;
• permitted absences;
• physical presence at the start of the relevant qualifying period;
• immigration status;
• English language;
• the Life in the UK Test;
• good character; and
• future intentions where applicable.

The exemption from English and Life in the UK requirements that applies to Refugee Settlement does not automatically carry across to naturalisation.

Applicants should therefore consider citizenship as a separate legal application rather than an automatic final stage of the refugee settlement process.

20. Frequently Asked Questions: Refugee Settlement

How long do I need refugee status before I can apply for ILR?

You must normally have spent a continuous period of at least five years in the UK with refugee status or humanitarian protection. Settlement is not automatic after five years: you must also satisfy the continuing-status and suitability requirements.

Does the new 30-month refugee permission mean I now have to wait longer than five years for settlement?

No. The current settlement rule still requires at least five years with refugee status or humanitarian protection. However, people granted 30 months’ permission will normally need to renew their protection permission before reaching the five-year settlement point.

When should I apply for Refugee Settlement?

You should normally apply during the last month of your current protection permission once you are completing the required five-year period. Applying significantly too early may result in refusal if there is no exceptional reason for an early grant.

Is refugee settlement automatic after five years?

No. A safe-return review will ordinarily be undertaken and you must satisfy the applicable validity, suitability and continuing-protection requirements.

What is a safe-return review?

It is an assessment of whether changes in your personal circumstances or conditions in your country mean that you no longer require refugee status or humanitarian protection. Return travel, national passports and other relevant developments may also be considered.

Can visiting my home country affect my ILR application?

Potentially. Repeated or lengthy voluntary travel to the country from which you sought protection can raise questions about whether protection remains necessary. A short trip for a compelling reason does not automatically result in revocation, but the circumstances should be carefully explained.

Can I use my national passport if I am a refugee?

Obtaining or using a passport from the authorities of the country from which you sought protection can raise questions about whether you have re-availed yourself of that country’s protection. Advice should be obtained before doing so.

Do refugees have to take the Life in the UK Test for ILR?

No. Applicants settling as refugees or persons with humanitarian protection are exempt from the Knowledge of Language and Life in the UK requirement.

Do refugees need an English-language qualification for settlement?

No. The protection settlement route does not require the principal refugee or humanitarian-protection applicant to satisfy the normal settlement English-language requirement.

How much does Refugee Settlement cost?

There is currently no Home Office application fee for settlement on the basis of refugee status or humanitarian protection. Eligible protection-route partners and children are also exempt from the settlement application fee.

How long does a Refugee Settlement application take?

The current published processing period is up to six months. Complex cases can take longer. A super priority service is not currently available for protection-status settlement applications.

Can I leave the UK while my settlement application is pending?

You must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man while the application is pending. Doing so can cause the application to be treated as withdrawn.

Can my partner and children apply for settlement with me?

Potentially. Eligible partners and children who hold the relevant protection-route dependant permission can apply under Appendix Settlement Protection if the relationship and other requirements are met.

What happens if my settlement application is refused?

If you do not qualify for settlement but still require refugee or humanitarian protection, you should normally be granted at least 30 months’ further protection permission. Different rights and remedies apply where protection status itself is revoked or no further permission is granted.