From refugee status to settlement
After 5 years with refugee status in the UK, you can apply for indefinite leave to remain. This guide walks you through every step of the process, from preparation to the active review, so you know exactly what to expect and how to give yourself the best chance of success.
- Section
- Asylum & Refugee
- Reading time
- 11 min
- Last checked
- 16 March 2026
- Source
- The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
- Rowan does not
- Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.
In short
- You can apply for ILR after 5 years with refugee status.
- Start preparing at least 6 months before your qualifying date.
- The active review checks whether conditions in your home country have changed.
- There is no fee for settlement with protection status, and no healthcare surcharge.
- Each family member must submit their own application.
A person with refugee status can apply for settlement after 5 years of continuous residence. There is no fee, and the Life in the UK test and English language requirement do not apply to this route. What the application does turn on is continuous residence and the safe return review of the protection status. This guide covers the documents, the review, and what happens if something goes wrong.
The 5-Year Qualifying Period
Your 5-year qualifying period starts from the date your refugee status was granted, not the date you arrived in the UK or the date you claimed asylum. This date is shown on your Biometric Residence Permit or grant letter.
During the 5-year period, you must maintain continuous residence in the UK. This means not spending more than 180 days outside the UK in any rolling 12-month period. If you have exceeded this limit, your ILR application may be refused.
You can submit your ILR application up to 28 days before your 5-year anniversary. This is called the 28-day early application window.
Requirements for Refugee ILR
The Life in the UK Test and English Do Not Apply
Most settlement routes require the knowledge of language and life requirement: the Life in the UK test and an English qualification. The Home Office caseworker guidance on that requirement lists people applying for settlement as a refugee, and people applying on the basis of humanitarian protection, among the categories exempt from it. So neither the test nor an English test is part of this application, and there is no test fee to budget for.
Good Character
The good character requirement means you must not have significant criminal convictions, tax debts, or immigration breaches. Minor traffic offences and cautions are usually not a problem, but serious offences can result in refusal.
No Outstanding Debt to the NHS
If you have any unpaid NHS charges of 500 GBP or more, your application will be refused. Check whether you owe anything before applying.
The Active Review
The active review is unique to the refugee route. Before granting ILR, the Home Office checks whether conditions in your home country have changed since you were granted refugee status. This review considers:
- Country of origin information reports
- Changes in government or conflict situations
- Whether the specific persecution you faced still exists
In most cases, the active review is a formality and ILR is granted. However, if the Home Office determines that conditions have improved significantly, it may consider revoking your refugee status. If this happens, you should seek legal advice immediately. You have the right to make representations and, if status is revoked, to appeal to the First-tier Tribunal.
The active review process is described in more detail in our ILR for refugees guide.
Documents to Prepare
Gather these documents well before you apply:
- Current BRP or eVisa confirmation showing refugee status
- Valid passport or Convention Travel Document (if you have one)
- Evidence of continuous residence: Utility bills, bank statements, payslips, letters from employers, council tax bills covering the 5-year period
- Travel history: A record of all trips outside the UK with dates
- Police clearance: Any police certificates or criminal record disclosures if applicable
See our ILR documents checklist for the complete list.
Costs
There is no fee. GOV.UK states that there is no fee to apply for settlement if you have protection status, meaning permission to stay as a refugee or as a person with humanitarian protection, or section 67 leave. The healthcare surcharge is not charged on this application either, and the Life in the UK test and English test do not apply, so they carry no cost here.
That is a difference in kind from the other settlement routes, where the fee is £3,226 for each person applying. Nothing about a fee waiver arises on this route, because there is no fee to waive.
For a full breakdown, see our ILR cost guide.
After ILR
Once you have ILR, you have the right to live and work in the UK permanently without immigration conditions. You can access all public services and benefits. After 12 months with ILR, you can apply for British citizenship.
Be aware that ILR can be lost if you spend more than 2 years outside the UK continuously. See our guide to losing ILR for details.
For official guidance on refugee settlement, see the GOV.UK indefinite leave to remain page and the GOV.UK asylum page.
Questions and answers
When should I start preparing my ILR application as a refugee?
You can submit the application up to 28 days before completing the qualifying period. Settlement with protection status has no fee, and people applying as a refugee or on the basis of humanitarian protection are exempt from the Life in the UK test and the English language requirement, so preparation is mainly a matter of gathering documents and the evidence of continuous residence.
What is the active review for refugee ILR?
The active review is a check by the Home Office on whether conditions in your home country have changed significantly since you were granted refugee status. If conditions have improved enough that you no longer need protection, your refugee status could be revoked instead of ILR being granted. In practice, most refugees pass the active review, but it can cause anxiety and delays.
Is there a fee for settlement as a refugee?
No. GOV.UK states there is no fee to apply for settlement if you have protection status, meaning permission to stay as a refugee or as a person with humanitarian protection, or section 67 leave. The healthcare surcharge is not charged on this application either. Because there is no fee, no fee waiver arises.
What happens if my ILR application is refused?
If your ILR application is refused, you may be able to request an administrative review. If your refugee status itself is revoked as part of the active review, you may have the right to appeal to the First-tier Tribunal. Get legal advice immediately if your application is refused, as there are strict time limits for appeals.
Do my family members need to apply for ILR separately?
Each family member submits their own settlement application, and each is assessed individually. Where family members joined through refugee family reunion, their permission usually expires at the same time as yours, so the applications can be made together. There is no fee where the person holds protection status.
This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.