Comprehensive Criteria for Refugee Settlement Eligibility in the UK

To qualify for Indefinite Leave to Remain (ILR) in the United Kingdom under refugee status or humanitarian protection, applicants must satisfy a specific set of legal and character-related requirements. The following outlines the essential criteria for settlement approval:

• You must have legally resided in the UK for a continuous period of five years under refugee or humanitarian protection status, or as a dependant of someone holding such status.

• Your residence permit must remain valid and must not have been revoked or lapsed.

• You must not have:

  • Served a prison sentence of four years or more; or

  • Been sentenced to imprisonment for between 12 months and four years, unless at least 15 years have passed since the end of the sentence; or

  • Received a prison sentence of less than 12 months, unless a minimum of 7 years has passed since the end of the sentence; or

  • Been issued a non-custodial penalty, such as a fine, community order, or other out-of-court disposal (e.g. caution or penalty notice), within the last 2 years if recorded on your criminal record.

In addition, the Secretary of State must be satisfied that:

• You have not caused serious harm through your criminal actions;

• You have not displayed persistent criminal behaviour or shown ongoing disregard for the law;

• Your conduct, character, associations, or perceived threat to national security do not render it undesirable to grant you permanent settlement in the UK.

Additional Considerations for Refugee Status and Settlement Revocation

A refugee residence card may be revoked or not renewed if the Secretary of State determines that the protections afforded by the Refugee Convention no longer apply, including in any of the following scenarios:

• You have voluntarily returned to your country of origin;

• You have regained your original nationality after previously losing it;

• You have obtained new citizenship and are protected by your new country;

• You have re-established residence in the country you initially fled due to persecution;

• The conditions in your country have undergone fundamental and durable changes, rendering your continued refusal to return unjustified.

Revocation may also occur if the Secretary of State deems that you fall under exclusion clauses of the Refugee Convention, such as:

• Commission of a crime against peace, war crime, or crime against humanity;

• Engagement in acts contrary to the United Nations’ principles and objectives;

• Securing refugee status through fraud, misrepresentation, or deliberate omission of key facts;

• Being considered a security threat to the United Kingdom;

• Conviction for a particularly serious criminal offence, posing a risk to the public.

Holders of humanitarian protection status may also face revocation on similar legal and security-related grounds.

What Happens if Your Refugee Settlement Application is Denied?

If your application for settlement is refused but the UK Home Office determines that you still require protection, your refugee or humanitarian protection status will be retained. In such cases, instead of being granted indefinite leave to remain, you will receive limited leave to remain for a period of three years, with the option for renewal thereafter.

This structured framework ensures that only those who meet both the legal and moral standards established by UK immigration law are granted permanent settlement, while continuing to offer protection to those who still face genuine risks if returned to their home countries.

How Link And Day Lawyers Can Support You

At Link And Day Lawyers, we specialise in delivering comprehensive immigration services, particularly for individuals granted asylum or humanitarian protection seeking to obtain settlement in the UK.

Our immigration lawyers possess in-depth knowledge and a wealth of experience in handling complex settlement applications. We are committed to offering tailored, strategic guidance that aligns with each client’s unique circumstances. Known for our accessibility and proactive approach, we build lasting relationships through trustworthy, solution-focused representation. Whether you require advice on eligibility or full legal assistance throughout the application process, our team provides dependable support delivered with professionalism and genuine care.