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Refugee Settlement Indefinite Leave to Remain

The UK is committed to helping refugees and protecting their rights. Its asylum process is fair and aims to support people who genuinely need refuge. Over the years, the UK has provided a safe space for refugees to start a new life.

For prompt assistance with your application for Indefinite Leave to Remain for refugees (ILR for refugees), call us at 02033939272. Our immigration lawyers are available to help you online, over the phone, or in person.

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Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

What is a Refugee?

In the UK and throughout the world, the idea of managing refugees is highly significant from a social and political standpoint. The precise definition of a refugee, which is based on both UK and international law, identifies people who are forced to leave their home countries because they have a legitimate fear of being persecuted because of their race, religion, nationality, membership in a particular social group, or political beliefs. The 1951 Geneva Convention and its 1967 Protocol serve as the foundation for this specific concept.

The UK never violates refugee’s rights or unreasonably denies their application to seek asylum in the country in compliance with their obligations under international law. A refugee status holder, also referred to as a person with refugee status in the UK, is granted five years to apply for ILR so that he or she can be permanently residence in the UK. This status provides the individual with the possibility to apply for citizenship in the future, which opens the same opportunities in employment, education, health care, and social services as the citizens of the United Kingdom.

If you hold the following protection status, you could be eligible to apply for indefinite leave to remain (ILR for refugees): 

The two categories of refugees and asylum seekers are people holding refugee status or humanitarian protection.

  • Discretionary Leave
  • Section 67 Leave

In the UK, you settle by getting an indefinite leave to remain. It is also referred to as “settlement.” As much as you want, you can stay, work, and even study within the country without much of a problem. Another advantage is that you can claim benefits if you meet certain conditions. With it, you can apply for British citizenship.

Refugee Settlement Indefinite Leave to Remain

What are the Criteria for Refugee Settlement Indefinite Leave to Remain?

Asylum seekers who have been in the United Kingdom for more than five years are allowed permanent residence in the country. For individuals with protected status, which includes individuals who have been granted humanitarian protection or refugee leave to remain, having a residency card is mandatory. There are also some regulations for people with discretionary leave. It is crucial to read your documents intently in order to understand the specific conditions that pertain to your situation. Here, the requirements will be different if you are applying as a dependent adult relative.

As a UK asylum seeker or under humanitarian protection, you must have been in the UK for 5 years before you may apply for refugee settlement. Having lived in this country for six years, most of whom had been granted this refugee status before the middle of this year, July 8, 2012, they can apply for permanent residence. People who were given authorisation after this date need to have lived in the United Kingdom for at least ten years.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

When should I apply for Indefinite Leave to Remain for Refugees (ILR for Refugees)?

The primary prerequisite for using this approach is that the applicant must have maintained the settlement (ILR) status for a minimum of ten months.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

Can members of my family apply to live with me permanently?

Some members of the Windrush generation may be eligible for the right to remain in the UK if they satisfy certain conditions. Nevertheless, a distinct application procedure called the “Windrush scheme” is in place by the UK government for these people. Instead of requesting a certificate of entitlement to demonstrate your right of abode in the UK, which is explained more in detail below, the government recommends that eligible individuals apply for the Windrush Scheme.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

Who Qualifies as a 'Commonwealth Citizen' for Right of Abode?

Your family may be eligible for permanent residency if you have a protected status (such as refugee or humanitarian protection status) or if you have been granted a temporary visa to remain. Your family must already be in the UK and have developed contacts before you leave your native country in order for this to occur.

Your family members have other ways to get back together if they are not eligible for permanent residency because they were not in the UK. These include applying for a family visa (if the family was formed after you left your previous country) or for family reunification (if the family was formed prior to your departure).

The term “family members” in this context includes your husband, civil partner, or any other person you were seeing for at least two years before submitting your reunification application, as well as your children, whether or not they were born in the UK. You may find out more about your family links on the refugee ILR refugee indefinite leave to remain application form, which will require you to provide certain evidence.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

Children and Partners in the United Kingdom

Your family must either complete the family reunion procedure or gain dependent status at the same time as you whenever you are accorded protected status or permitted to stay in the country conditionally in the UK in order for you to be allowed to stay.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

Children and Partners from outside the UK

Your child may also be eligible to apply if they were born in the UK but are not a UK citizen. Both your spouse and any children under the age of eighteen may be listed on your application papers. If your children were dependent on you prior to becoming adults, they may also be included if they are older than 18.

It’s important to remember that your partner or dependents will not be able to apply if they are currently in the UK illegally or have authorisation to be there under another classification.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

If you look after an adult family member

If all of the following are true, your adult dependant relative may apply:

  • They have a family visa as an adult-dependant relative and are over eighteen. 
  • You have protection status, which allows you to remain as a refugee or as a person with humanitarian protection.

You cannot add them to your application; they must apply independently.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

How can I apply for permanent residence?

It’s essential to submit your application in the last month before your current UK residency permit expires in order to ensure a smooth transition. The entire application process takes place online, and depending on your particular circumstances, you will need to fill out different forms. You may begin completing the form at any moment and save your work to complete it later. You will be given instructions on the required supporting documentation as you complete the application. The decision on your application will usually be made in six months.

There is a specific form for those who have been granted protection status, such as refugees or those under humanitarian protection. If you have eligible family members, such as a husband or kids, the application will say if you can add them.

They have to apply individually if they cannot be included in this main ILR Refugee application.

  • The partners have the opportunity to apply it in their capacity as a partner to a person who was granted humanitarian protection or refugee status.
  • Children can apply if they are the child of a person who has been given some form of protection under humanitarian protection or refugee.

Each of the two groups needs to understand that donating biometric information, which includes a photograph and fingerprints, is mandatory at a UK Visa and Citizenship Application Service (UKVCAS) collection center.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

Discretionary leave

Discretionary leave is given mainly for special circumstances, and the application form you are to fill out also depends on the cause.

Based on authority to take, there is some paperwork to complete for employees on discretionary leave according to the reason for going to the session. When filling out this application, you will be required to make an appointment at a UK Visas and Citizenship Service (UKVCAS) location, which will require you to provide your biometric details, which include your photo and fingerprints. 

Your partner and kids must also offer their biometric data if they are part of the application you filled out. In addition, you need to produce the necessary documents, which can be photocopied at any UKVCAS center or uploaded online.

Furthermore, you must provide the proper paperwork, which may be scanned in person at a UKVCAS centre or uploaded online.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

How long is it expected to process a UK application for permanent residence?

The time it takes for an application for ILR in the UK can take time, and this depends on the following circumstances. In general, the procedure can take anywhere from six months to a year. However, the duration may be different. 

The following are the main variables affecting processing times:

  • The case is simple. That is why your application will be processed faster if your case is without controversy or complications and all paperwork is completed correctly and submitted. However, processing times increase with enhanced instances that need more scrutiny.
  • Quantity of applications. Processing times are also determined by the number of applications it receives from the immigration office; this will be considered to be the total number of applications. It will, however, not always take longer to process an application for Refugee ILR in the UK, especially during the festive seasons or after major changes in the administration of immigration laws.
  • The kind of application may also influence processing time; it may take a specified type of application a shorter time than the other. 

Thirdly, the waiting time can be addressed by using a paid expediting service borne out of our use of paid expediting services for our application type where available. 

The third category is based on the goal of preventing delays, and the results show that projects with a high degree of application completeness and correctness are essential factors. 

This is why you should make sure that your program is quite comprehensive and won’t contain any flaws. To make the procedure go more smoothly:

  • You need to submit a complete application package and understand each requirement suited for your case and type of application.
  • If you have time issues or other concerns, speak with Rees Clayton immigration attorneys or consultants with ideas about the Refugee Settlement for Indefinite Leave to Remain.

Contact Rees Clayton immigration attorneys or consultants to learn about difficulties that may arise and receive guidance regarding the Refugee Settlement for Indefinite Leave to Remain.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

Getting a decision for refugee indefinite leave to remain

Typically, you will receive a decision for refugee ILR in six months. However, you will receive a decision within two working days if you paid to utilise the “super priority service” and you had discretionary leave. Monday through Friday is the workday, except for bank holidays.

If you have Section 67 Leave or protection status (the right to remain as a refugee or person with humanitarian protection), you are not eligible to use the “super priority service.”

Until you receive a judgment, you should refrain from travelling outside the United Kingdom, Ireland, the Channel Islands, or the Isle of Man. If you do, your application will be removed, and you’ll be banned from using the site in the future.

You will be notified:

  • If your application is complex and will take time—for instance, if the accompanying documents require authentication 
  • If your unique situation necessitates an interview, such as a criminal conviction
Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

If your refugee ILR application is accepted

If your refugee ILR application is accepted, then,

  • You can work, manage a business, pursue education
  • Make use of public services like healthcare and education.
  • Apply for pensions and public funds (benefits).
  • Apply for British citizenship, often 12 months or more later.

Travel Outside of the United Kingdom

You can use a Home Office travel document to travel outside of the United Kingdom.

If you: 

  • Return to the country from which you requested asylum
  • Remain Outside the UK for more than two years
  • You may have to reapply before you may return to the UK
  • You may lose your indefinite permission to remain.
Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

What if your application for Refugee Settlement Indefinite Leave to Remain is refused?

You may still be allowed to remain in the UK if you have protection status (the ability to remain as a refugee or person with humanitarian protection) or discretionary leave. Instead of giving you indefinite leave to stay, your decision letter will outline what you have been offered.

You must apply for another type of leave (such as a visa) in order to remain in the UK if you have Section 67 leave.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

What is the Refugee Settlement Indefinite Leave to Remain application fee?

The cost of applying for indefinite leave to Remain (ILR) in the UK is £2,885 for each applicant, including dependents. However, it’s important to keep in mind that the UK Home Office waives these costs for refugees. Therefore, refugees and those with humanitarian protection status are not required to pay this charge when applying for ILR.

What if your application for permanent residency in the UK is refused?

It’s critical to comprehend the reasons for refusal and investigate all available appeal channels in the event that your ILR application is rejected. You have the option to challenge the ruling in front of a specialised immigration tribunal. It is advised to speak with a legal professional to increase the possibility of a successful outcome.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

How can Rees Clayton Help?

In particular, indefinite permission to stay in the UK constitutes several challenges for people with refugee status. By speaking with Rees Clayton, you will gain the following advantages: 

  • Experts’ recommendations concerning immigration and refugee law
  • Assist in performing all possible relevant paperwork to the highest degree of effectiveness
  •  A greater likelihood of being granted permanent residence
  • It is possible to understand why your ILR application might be denied, so refrain from making the same mistakes that may lead to such an outcome.

We at Rees Clayton value each one of our clients, and we’re dedicated to providing exceptional support during the whole ILR process. If you need assistance in Refugee Settlement for your Indefinite Leave to Remain, you can contact us at 02033939272.

Our experienced Refugee Settlement Indefinite Leave to Remain Solicitors can help you with your immigration process.

FREQUENTLY ASKED QUESTIONS

Questions & Answer

Yes, other members of your family who came with you or joined through the Family Reunion process can be considered for other routes, such as Granting Refugee Status indefinite leave to remain for refugees (ILR for refugees).

Usually, refugees’ applications for indefinite leave to remain take no more than six months to process. The time taken may be extended in cases where your case is complicated or some of the details required are missing.

The refugees and those with humanitarian protection are given, required to pay the standard ILR application fee of £2,885.

Even if your application for protection has been rejected, you may continue to enjoy protected status. You may contest the decision or you can apply to seek another form of leave.

You can include your spouse and your dependent children under the age of 18 in the application. Any additional adult dependant is required to apply in their application form.

Yes, but it depends on the nature of the offense, the sentence you received, and when it occurred. Criminal convictions can be grounds for refusal of a refugee indefinite leave to remain application. Each case is assessed individually, and mitigating factors may be considered. It’s advisable to seek legal advice to strengthen your application.

Refugee settlement means one can engage in employment and education and avail of public facilities; one can apply for citizenship in the UK after one year.

You must bring your refugee status evidence, refugee indefinite leave to remain application form, biometric details, and other documents as and when needed.

When travelling out of the UK during the process, one can see one’s application is nullified. It is mandatory to stay within the territorial jurisdiction of either the United Kingdom, Ireland, or any associated territories until such a time decision is made.

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About Us

Rees Clayton Immigration is an authorised trading style of Rees Clayton Solicitors, a UK-based firm specialising in personal and business immigration services. Rees Clayton Solicitors are authorised and regulated by the Solicitors Regulation Authority (SRA), under SRA Number 635563.

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