How to apply for ILR

Everything you want to know about refugee status, humanitarian protection

16th July 2010: If you are a refugee or someone granted humanitarian protection whose limited leave is due to expire from August 2010 and you need continuing protection you will need to apply for indefinite leave to remain (ILR) before your leave expires.



You should submit your application form in the month before your limited leave expires. For example, if it ends on 30 August 2010, your application should reach the UK Border Agency between 30 July and 30 August 2010.

You should include all your dependants living in the UK on your application form, including those born in the UK since you were granted leave to remain.

Instead of being given temporary permission to stay for five years, refugees who are resettled in the UK through the Gateway Protection Programme are immediately given permission to settle here permanently.

Your residence permit gives you the same rights as permanent residents of the UK. You can work and apply for public funds also known as benefits. Your case owner will help you to start building your new life in this country. This is called integration.

You will be able to renew your residence permit or apply for permission to settle here, also known as ‘indefinite leave to remain at the end of the five years, unless the UKBA believe there are serious reasons to refuse it.

If you have been given you humanitarian protection and you want to extend your stay or settle here, you will need to complete application form HPDL.

If UKBA does not recognise you as a refugee or a person who qualifies for humanitarian protection, it may give you another type of temporary permission to stay in the UK. This permission is called ‘discretionary leave to remain’. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.

The UKBA will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, it will review your circumstances before deciding whether to give you further permission to stay.

You will not be able to apply for permanent residence until you have lived in the UK for at least six years or 10 years in some cases. To extend your residence permit or apply for permanent residence, you will need to complete application form HPDL
‘Exceptional leave to remain’ was another type of permission to stay. The UKBA no longer give applicants exceptional leave to remain.

If you are currently in the UK with valid exceptional leave to remain, you can apply to settle here using application form ELR.

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