ILR for Refugees: Settlement After Asylum

Updated 27 March 202610 min read

What you need to know

Refugees granted protection in the UK can apply for ILR after 5 years of continuous residence with refugee status. Before ILR is granted, the Home Office conducts an active review to check whether country conditions have changed. If your refugee status is confirmed, ILR is granted. The application requires the Life in the UK test, English language evidence, and a good character assessment.

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The 5-Year Qualifying Period

When you are granted refugee status (also known as asylum), you receive 5 years of limited leave to remain. After these 5 years, you can apply for ILR. The qualifying period starts from the date your refugee status was granted, which is shown on your Biometric Residence Permit (BRP).

During the 5-year period, you have the right to work, access the NHS, claim benefits, and study. You are building your life in the UK, which is exactly what the Home Office expects to see in your ILR application.

The Active Review Process

Unlike other ILR routes, the refugee route includes an active review of your protection status. Before granting ILR, the Home Office considers whether:

  • Country conditions: Whether the situation in your home country has changed significantly enough that you no longer need protection.
  • Your circumstances: Whether there are grounds to revoke your refugee status (for example, if you have voluntarily returned to your home country).
  • Good character: Whether you meet the good character requirement, including any criminal convictions.

In practice, the vast majority of refugees pass the active review and are granted ILR. However, the process can cause significant anxiety. If you are concerned, seek advice from an immigration solicitor.

Documents for Refugee ILR

The documents required for refugee ILR include:

  • Your BRP showing refugee status
  • Your Home Office travel document (if you were issued one) or any other travel documents you hold
  • Life in the UK test pass certificate
  • English language evidence at B1 level
  • Evidence of residence in the UK for 5 years (bank statements, utility bills, employment records)
  • Details of any travel outside the UK

See our ILR documents checklist for the full list. Note that refugees should not hold or use a passport from their home country, as this could be interpreted as re-availing yourself of that country's protection.

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Travel Restrictions for Refugees

Refugees face specific travel considerations:

  • Do not travel to your home country: Returning to the country you fled from may be grounds for the Home Office to revoke your refugee status on the basis that you no longer need protection.
  • Use a Home Office travel document: If you need to travel abroad (to other countries, not your home country), apply for a Home Office travel document.
  • Absence limits still apply: The standard ILR absence rules apply. You should not be absent from the UK for more than 180 days in any 12-month period.

Fees and Fee Waivers

The ILR application fee for refugees is the same as for other routes. This includes the application fee and the IHS. For current fees, see our ILR cost breakdown.

If you cannot afford the fee, you may be eligible for a fee waiver. Check the GOV.UK fee waiver guidance for eligibility criteria. Fee waivers are assessed based on your financial circumstances, including your income, savings, and essential living costs.

English Language and Life in the UK Test

Refugees must meet the same English language and Knowledge of Life in the UK requirements as other ILR applicants:

Exemptions are available for those aged 65 or over, and for people with certain physical or mental conditions. See our disability exemptions guide.

After ILR: Citizenship for Refugees

After receiving ILR, refugees can pursue British citizenship. This provides additional security, including a British passport and status that cannot be revoked through changes in country conditions. See our ILR to citizenship journey and our citizenship for refugees guide.

For the full overview of what ILR gives you, see our ILR rights and benefits guide.

This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.

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