Refugee Settlement: Indefinite Leave To Remain - Immigration Legal Services (2023)

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For those who have escaped danger in their home country

A Refugee is someone who has fled from their country due to a fear of persecution because they are part of a particular social group. If the UK has granted asylum to that person, he or she becomes a Refugee and is granted five years' leave to remain here. After five years, he or she can apply for Refugee settlement: Indefinite Leave to Remain.

A person with Humanitarian Protection has also fled their country because they are at risk of serious harm. He or she will be granted five years' leave to remain. After five years he or she can apply for Indefinite Leave to Remain.

Refugees and people with Humanitarian Protection do not have to take the tests that non-refugees have to take - the English Language and Life in the UK tests. The application is also free - there are no Home Office fees payable for Refugee Indefinite Leave to Remain applications.

A Refugee simply has to show that he or she has lived continuously in the UK for five years as a refugee without long absences abroad. The Home Office will however review the Refugee's circumstances and the situation in the Refugee's home country to check whether it is now possible for the Refugee to return.

Working with us on Refugee settlement: Indefinite Leave to Remain

We will take a look at your documents to ensure you are eligible to apply for Refugee Indefinite Leave to Remain.

The UK government has tightened up the rules relating to Indefinite Leave to Remain in recent years and this can pose problems for Refugees or people with Humanitarian Protection. This is where our expertise can help.

If the Home Office think you entered the UK fraudulently or you have used false documents at any time during the past ten years, they can now refuse an application for Indefinite Leave to Remain. Of course, asylum seekers often enter the UK illegally and may be trying to hide their true identity. If this is you, we can advise.

How does the process work?

As you reach the five year point, it is a good idea to come and see us to talk about applying for Indefinite Leave to Remain. We offer a free 20 minute consultation.

If you use our services, we will prepare and submit the application on your behalf. We will gather all the right evidence and ensure the Home Office understand your circumstances. If there are problems with the application, we will tell you. If we think your application will be refused, we will tell you and advise you not to proceed. We never take money from clients for hopeless applications unless they insist we do so.

"They are loyal to their profession, honest, reliable, trustworthy, extremely professional, at the same time the friendliest team to deal with – what more can one wish for?"

Ars Pog

The Home Office will then make a decision. If successful, you will be granted Refugee settlement: Indefinite Leave to Remain. You will be eligible to apply for British Citizenship, either immediately or after 12 months. This is something we can discuss if you would like to know more.

If you have children, we can also discuss their status.

(Video) REFUGEE SETTLEMENT INDEFINITE LEAVE TO REMAIN 2022

Frequently Asked Questions

My family is here with me. Can they apply for Indefinite Leave to Remain?

Yes, if they came with you originally or came on the Family Reunion route.

I have a criminal record, can I get Indefinite Leave to Remain as a Refugee?

It depends on what you have done, when it happened and what sentence you were given. Criminal convictions can be a reason to refuse an application for Refugee Indefinite Leave to Remain.

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Refugee Settlement: Indefinite Leave To Remain - Immigration Legal Services (2)

  • Great experience working with Sallie. Professional and understanding! Will work with her again, with no doubt.

    Ms L

  • We have been very impressed with the service we have received over the years of dealing with Angela. She went above and beyond to solve our specialised problem with very pleasing results. We would strongly recommend her work and knowledge in the field. A true professional.

    Mr Aldalis

    (Video) ILR SUCCESS STORY FROM REFUGEE STATUS | SETTLE IN THE UK | UK IMMIGRATION ADVICE | GSN IMMIGRATION

  • I highly recommend Sallie for her professionalism and lovable, kind approach. I am very happy to get her as my immigration lawyer for processing my kids Visa.

    Shiva K

  • I highly recommend both Angela and Karen. They both have been amazingly helpful throughout the visa application process of my wife. They do truly care for their clients. They look at the case in reasonable time periods and return with any missing information rapidly. Consulting them during this exciting yet stressful process was the best decision that I made. Today my wife got granted the visa just after 5 weeks of her biometric scans.

    Mr Yazici

  • They are so honest and professional . Clear answers and guidance to all my questions 👍👍. Thanks a lot .

    Mr Khalil

  • Just received a decision from the Home office that I would’ve NEVER thought was possible. So happy and over the moon! I would definitely recommend your services to friends & family if required in the future. Huge thanks to Sallie and the team, best immigration solicitor in the business!!

    Mr Bamba

  • Angela Cole is a wonderful, hardworking, honest, kind and reliable Solicitor. Her work is very high standard, very professional and her team is friendly. Me and my husband have no hesitation in recommending Angela Cole's excellent services.

    Ms Small

  • "Simply a team of experienced people who gave us excellent and honest advice. Having now taken an appeal through to a successful conclusion for the (very reasonable) price promised, I have no hesitation in recommending this firm."

    Jon Chrimes - Google Review

    Refugee Settlement: Indefinite Leave To Remain - Immigration Legal Services (3)

  • "The team went an extra mile and fought my case much more and much better than I would have expected. In the end, my case was successful and I cannot thank them enough for all they have done. If I ever need legal help in the future I will definitely use their services again and recommend them for their reasonable prices, supportive advice and first rate legal services."

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    (Video) Refugee Week 2021: An introduction to immigration and asylum law
  • "Excellent people, excellent service. They made the process of bringing my husband to the UK painless. Couldn’t have done it without them, highly recommend!"

    Lindy Pine - Google Review

    Refugee Settlement: Indefinite Leave To Remain - Immigration Legal Services (5)

  • "I am ecstatic, thanks to you all. My life is complete now and anything else is a bonus. Even if it seemed impossible I knew we were going to win this and that is why I never gave up. Thank you for your work, support and encouragement."

    MRS. Last

  • A BIG THANK YOU , for your help in helping me acquire my British settlement and British citizenship application successfully done. Your professionalism and kind warm attitude and nature made this process very easy and stress free. You took all my concerns away.

    My Lawyer, Sallie Davies, is very knowledgeable and competent and I have implicit trust in her. The fees are also reasonable compared to other law firms. I highly recommend Sallie and her team.

    MRS. H

  • Thanks to Sallie, my wife is finally in the UK after a horrible year and long delays with Home Office. Highly recommended Immigration Legal Services!

    MR. B

  • Angela Cole and everyone at Immigration Legal Services will work to produce the best outcome for you and, from our experience, they only concern themselves with your goal and not your wallet. Immigration Legal Services' charge was a very good price for all the help and security they provided

    MR. C

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  • Despite the high professionalism practiced within the firm, there is always a strong sense of compassion , and care, from both Angela, and lovely Karen, which has really helped to set our minds at ease. Absolutely recommended & Eternally grateful

    Ms. f

  • I would like to thank both of you, Sallie and Karen for your assistance in the way you handled my wife's Spouse Visa Extension to remain here with me in the United Kingdom. We will recommend The Immigration Legal Services here in Ipswich to anybody who wants to apply for a visa to come or remain here in the United Kingdom because the service they provided proved to be most reliable, simple and quick process. Much appreciated Sallie and Karen. Thanking you once again. We will be back again.

    Robert

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FAQs

Can I apply for indefinite leave to remain as a refugee? ›

You may be able to apply for indefinite leave to remain ( ILR ) if you have: refugee status or humanitarian protection (sometimes called 'settlement protection') Discretionary Leave.

What is the difference between refugee leave to remain and indefinite leave to remain? ›

If the UK has granted asylum to that person, he or she becomes a Refugee and is granted five years' leave to remain here. After five years, he or she can apply for Refugee settlement: Indefinite Leave to Remain. A person with Humanitarian Protection has also fled their country because they are at risk of serious harm.

What happens after 5 years leave to remain refugee? ›

After five years of Refugee Status, you can apply for ILR, and after a year of ILR you can apply for British citizenship.

How do I prove my indefinite leave to remain? ›

Your immigration status document must have a residence permit sticker on it saying you have indefinite leave to remain. The other document must have your name and National Insurance number on it - this document must be from the government or your previous employer.

How long does indefinite leave to remain application take 2022? ›

within 8 weeks of applying online if it's a visa. within 6 months of applying online if it's for settlement (also called 'indefinite leave to remain')

Are refugees eligible for permanent legal status? ›

If you are a refugee, you are required by law to apply for lawful permanent resident status 1 year after being admitted to the United States as a refugee. File Form I-485, Application to Register Permanent Residence or Adjust Status.

What happens after getting indefinite leave to remain? ›

Indefinite Leave to Remain (ILR) is an immigration status which allows the person who holds it to live and work in the UK for an unlimited time, without any need to apply for a visa extension. If you are granted Indefinite Leave to Remain, you are able to leave and re-enter the UK without any immigration restrictions.

How long does indefinite leave to remain last? ›

Can indefinite leave to remain expire? ILR status will not expire, but it can be lost in certain circumstances. BRPs, as proof of ILR status, are issued for ten years.

Is indefinite leave to remain the same as settled status? ›

If you have ILE or ILR , and you successfully apply to the EU Settlement Scheme, you'll get indefinite leave to enter or remain under the EU Settlement Scheme - also known as settled status. You will not have to prove you have 5 years' continuous residence.

How long does it take for a refugee to get permanent residency? ›

If you are a refugee, you are required by law to apply for permanent resident status 1 year after being admitted to the United States in refugee status. If you are an asylee, you are not required to apply for permanent resident status after being granted asylum for 1 year.

Can I apply for ILR after 5 years refugee? ›

You can apply after 5 years in the UK as either someone with refugee status or humanitarian protection. If you have Discretionary Leave, you can apply after: 6 years if you were first given Discretionary Leave on or before 8 July 2012.

What benefits can refugees claim in the UK? ›

You might be entitled to benefits like: Universal Credit - if you're unemployed, too ill to work or on a low wage. Pension Credit - if you've reached State Pension age. Housing Benefit - if you need help to pay rent and you've reached State Pension age or you're in temporary or supported housing.

Can I apply for British passport if I have indefinite leave to remain? ›

Eligibility and fees. You can apply for citizenship if you've lived in the UK for 5 years and have had one of the following for 12 months: indefinite leave to remain in the UK. 'settled status' (also known as 'indefinite leave to remain under the EU Settlement Scheme')

Can you lose indefinite leave to remain in UK? ›

You lose your indefinite leave to remain if you've been outside the UK for 2 or more continuous years. You may be able to re-enter the UK and get indefinite leave to remain by applying for a Returning Resident visa.

Can I buy a house with indefinite leave to remain? ›

You don't need indefinite leave to remain to secure a mortgage, though if you do and/or you're on a spousal visa, you should find more options open to you.

What documents do I need for indefinite leave to remain in UK? ›

You'll need to provide: a current passport or other document that shows your identity and nationality. your biometric residence permit if you have one. all the passports you've held during your time in the UK.

Can you work while waiting for indefinite leave to remain? ›

It is important to be sure that you can work while waiting for a decision. Working without permission is a breach of immigration rules and may result in a refusal of your current and future immigration applications.

How much does ILR cost? ›

Indefinite Leave to Remain (ILR) fees

The fees for indefinite leave to remain is £2404. It cost an additional £800 for super priority processing (24 hour) and £500 for priority processing (5 day processing) where eligible.

What are 3 rights that refugees are entitled to? ›

Rights of integration

the right at Article 3 not to discriminate between refugees, meaning that some refugees may not be treated worse than others. the right at Article 4 to freedom of religion and religious education of their children.

Does a refugee have legal status? ›

Under U.S. immigration law, a person granted asylum is legally allowed to remain in the country without fear of deportation. They qualify to work, travel abroad and apply for their spouse or children under the age of 21 to join them.

Can you be deported if you are a refugee? ›

The Minister may also order the 'deportation' of a non-citizen – including a refugee – on certain criminal grounds. In this situation, the non-citizen does not have to meet the Migration Act's definition of 'unlawful non-citizen'.

Can I travel to Europe with Indefinite Leave to Remain? ›

ILR and EU travel

ILR does not entitle a person to travel to the Schengen states visa free. ILR is however a requirement for British citizens to travel there visa free, i.e. a person is only regarded as being "fully" British when he has ILR in the UK.

What happens after settlement status? ›

If you get settled status, any children born in the UK while you're living here will automatically be British citizens. If you get pre-settled status, any children born in the UK will be eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.

What is the difference between indefinite leave to remain and right of abode? ›

Unlike indefinite leave to remain, a person's right of abode is normally valid for life and will not lapse regardless how long they stay outside the UK (or whether they have ever set foot in the UK) and cannot be revoked unless they lose their Commonwealth or British citizenship, or, for Commonwealth citizens, when the ...

Can I lose my settlement status? ›

Residents with pre-settled status can lose their path to settlement—that is, their ability to secure settled status in the future—if they spend more than 6 months abroad every 12-month period (with some exceptions).

How long does it take for a refugee to get permanent residency UK? ›

Refugees can apply for indefinite leave to remain if they have had residence as a refugee for five years.

What happens after refugee claim? ›

If your claim is accepted…

IRCC or the CBSA may appeal to the Refugee Appeal Division (RAD), or seek leave for judicial review at the Federal Court, within 15 days. If this occurs, you will be notified, and given the opportunity to respond. If you receive a positive decision, you will get "protected person" status.

Can refugee go back to their country after Citizenship? ›

Refugees are generally not allowed to travel back to their home country. Refugee protection is granted on the presumption that it is unsafe to return.

Can you get ILR in 2 years? ›

You must usually have lived and worked in the UK for 5 years. If you have a tier 1 visa, it can be 2 or 3 years. If you have an Innovator or Global Talent visa, it can be 3 years. You may also need to meet the salary or financial requirements - this depends on your visa.

How long is refugee status UK? ›

Usually refugees in the UK are given five years' leave to remain as a refugee. They must then must apply for further leave, although their status as a refugee is not limited to five years.

How long can a refugee stay in UK? ›

You may be given permission to stay in the UK for a minimum of 30 months. This is known as 'temporary refugee permission to stay'. The exact amount of time depends on how your application is assessed. After 10 years, you can apply to settle in the UK under long residency rules.

Do refugees pay for NHS? ›

Groups that are exempt from charge include: refugees (people who have been granted asylum, humanitarian protection or temporary protection under the immigration rules) and their dependants.

Do refugees have to pay council tax? ›

The council tax system classes refugees and foreign nationals as liable for council tax: they do not receive any automatic exemptions. This could mean that, for example, where a single person hosted a Ukrainian refugee, they could lose their single person discount on their council tax bill.

How much does a refugee get in the UK? ›

Asylum seekers are not generally permitted to work in the UK while their claim is being considered. If they are destitute, they can apply for free accommodation, as well as asylum support, which is set at £40.85 a week, equivalent to £5.84 per day.

Do I need a biometric card if I have indefinite leave to remain? ›

To prove your permanent status in the UK, you must hold both Biometric Residence Permit (BRP) and Indefinite Leave to Remain.

What is the difference between British citizenship and indefinite leave to remain? ›

The main difference between holding ILR status and being a British citizen comes down to the rights that you are granted under each. Having ILR allows you to live and work in the UK without time restrictions but it does not grant you the same rights that a UK citizen has.

How long does it take to get British passport after ILR? ›

You'll usually get a decision within 6 months - some applications can take longer. It may take longer than the usual 6 months to get a decision because of coronavirus (COVID-19). This will not affect the decision. You'll be told if you need to provide more information to help with your application.

How long does indefinite leave last UK? ›

You may be able to apply for indefinite leave to remain if you've been in the UK legally for 10 continuous years (known as 'long residence'). Indefinite leave to remain is how you settle in the UK. It's also called 'settlement'.
...
Fees and how long it takes.
What you're applying forFee
Extend your stay£1,048
1 more row

Can you be deported with a British passport? ›

If you have British citizenship, you can't usually be deported or lose your citizenship. You can't apply for citizenship if you've already been found guilty of a serious criminal offence.

What is the fastest way to get British citizenship? ›

If you have been living in the UK for 5 years or more and had Indefinite Leave to remain for a minimum of 12 months you may be eligible to apply for Citizenship. There are other requirements to be met such as Life in the UK test and residency.

Is indefinite leave to remain free? ›

A migrant applying for indefinite leave to remain in the UK has to pay £2,404. The estimated cost to the Home Office of processing an ILR application is £491 — so the fee is set at five times higher than the actual administrative cost.

Can refugees apply for residency? ›

You can apply for permanent residence anytime after being notified by the Immigration and Refugee Board (IRB) or by IRCC that you are a Protected Person, unless you have been named as a Designated Foreign National (DFN).

Who is eligible for indefinite leave to remain in the UK? ›

You must usually have lived and worked in the UK for 5 years. If you have a tier 1 visa, it can be 2 or 3 years. If you have an Innovator or Global Talent visa, it can be 3 years. You may also need to meet the salary or financial requirements - this depends on your visa.

How long does it take to get your residency after applying for refugee? ›

You can anticipate that adjusting status to permanent resident will take about 8 to 14 months for most refugee-based green card applications. For a look at what happens after filing your adjustment application, review the Form I-485 processing time.

Can a refugee apply for express entry? ›

Refugee claimants who have authorization to work or study while waiting for a decision on their claim do not have temporary resident status and cannot apply under this category. Note: Completing an Express Entry profile is the first step to immigrate to Canada permanently as a skilled worker.

What is the difference between indefinite leave and indefinite leave to remain? ›

The only difference between Indefinite Leave to Remain and Indefinite Leave to Enter is that Indefinite Leave to Remain is granted to by the UK Border Agency to immigrants who have already travelled to and are in the UK whilst Indefinite Leave to Enter is for those who are applying for permanent residence whilst ...

How much does it cost for indefinite leave to remain? ›

From April 6, 2022, cost of Home Office indefinite leave to remain (ILR) application have increased by £15. Accordingly, main applicants and dependants, instead of £2,389 need to pay £2,404 fees if they are applying for an indefinite leave to remain (ILR).

How long does it take to get indefinite leave to remain in UK? ›

You may be able to apply for indefinite leave to remain if you've been in the UK legally for 10 continuous years (known as 'long residence'). Indefinite leave to remain is how you settle in the UK.

Can refugees use NHS? ›

Groups that are exempt from charge include: refugees (people who have been granted asylum, humanitarian protection or temporary protection under the immigration rules) and their dependants.

Is refugee status permanent in UK? ›

Prior to 28 June 2022, refugee status always gave a person five years of permission to stay in the UK, with permission to work and study, and access to the NHS and benefits. Those who apply on or after that date may instead get two and a half years' “temporary refugee permission”.

Do refugees pay council tax in the UK? ›

Please provide the names of the refugees, the date they moved in and evidence that they have permission to stay in the UK under the scheme. Council Tax Regulations require us to issue bills in the name of the residents and therefore the refugee will be liable to pay the 50% Council Tax bill.

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