Refugees can apply for indefinite leave to remain if they have had residence as a refugee for five years. Those granted refugee status will be eligible to apply at the end of their probationary periods. Every case will be subjected to a safe return review with reference to the country situation at the date of the application and at Danielle Cohen Solicitors we demonstrate that our clients still need protection and therefore qualify for settlement.
The requirements to be met for indefinite leave to remain as a person granted refugee status are set out at paragraph 339R of the Immigration Rules. In order to make an application you will have to submit a residence card for a continuous period of five years which has not been revoked or renewed. You will have to show that you do not have a criminal history of evidence of extremist behaviour that runs contrary to the British value and it is best to provide evidence regarding your country of origin showing that there has been no changes of a significant nature and that you still fear persecution and therefore your fear is well-founded. The changes to the country situation must be such that the reasons for becoming a refugee have ceased to exist. The Home Office occasionally publish country guidance and it is advisable to look into it. If you have, since the grant of refugee status, established a private and family life in the UK it is important to raise these issues as part of the human rights aspect of the claim. The form you need to complete is SET(P) which is the protection route. You will be asked to give fingerprints and digital photographs known as biometric information but you don’t have to take an English test or the Life in the UK test and there is no fee for applying for settlement as a refugee or person with humanitarian protection.
Do remember that your partner or child can apply to join you or stay with you in the UK if you were separated when you were forced to leave the country and you have been given asylum or five years humanitarian protection but do not yet have British citizenship or settlement. There is no family reunion provision until you have received your decision or if you are under the age of 18. For further information about family reunion please read our blogs relating to this matter.
If you require assistance with your settlement application please call us on 020 7267 4133.