Settlement
The 1951 United Nations Convention Relating to the Status of Refugee defines a refugee as follows:
‘person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
In the UK, a person becomes a refugee when the government agrees that an individual who has applied for asylum satisfies the definition of the 1951 Convention. Refugees are given 5 years’ leave to remain. After 5 years they can apply for settlement, known as indefinite leave to remain.
Eligibility Criteria for settlement for refugees
The requirements to be met are set out in paragraph 339R of the Immigration Rules. To make a successful application, the following must be satisfied:
the applicant has held a residence permit for a continuous period of 5 years in the UK.
The applicant’s residence permit has not been revoked or renewed
The applicant must not have a criminal history of imprisonment for at least 4 years. However, this requirement is subject to many conditions, and the applicants are advised to consult our immigration team for more details.
Reasons for refugee residence card revocation:
The Secretary of State may decide that the Refugee Convention ceases to apply for the following reasons:
the applicant has voluntarily returned to their country of nationality
having lost their nationality, the applicant has voluntarily re-acquired it
the applicant has acquired a new nationality, and enjoy the protection of the country of their new nationality
the applicant has re-established themselves in the country which they left owing a fear of persecution
there has been a change of circumstances so it is not reasonable for the applicant to refuse to seek protection in their country.
The Secretary of State may also revoke the refugee’s residence permit if they have committed a crime against peace, humanity, a war crime, submitted false documents or posed danger to the UK’s security.
How to Apply for Refugee Settlement and Fees.
The application is submitted online. There is no fee for applying for settlement as a refugee. The decision is usually made within 6 months.
CONSULTATIONOur team of dedicated lawyers has vast experience of working with start-ups, small and medium-sized companies.
We will ensure your business operation are fully compliant, saving you time and money so that you can concentrate on your company growth, and we’ll take care of the rest. Let us know how we can help you by choosing one of the services below. Not sure what you need? Not to worry, ask your questions by filling in the form below, and we’ll get back to you with the answers.
The reasons for seeking asylum can include but not limited to poverty, lack of access to healthcare, education, water, food, housing, the consequences of environmental degradation and climate change etc. International law clearly states that people have a human right to immigrate to other states.
More information
The 1951 United Nations Convention Relating to the Status of Refugee defines a refugee as follows:
‘person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.
More information
If an individual has Refugee Status or Humanitarian Protection, they may be able to bring their partner/spouse and children to the UK. This is known as a ‘refugee family reunion’.
More informationYour parents may be able to apply for a dependant visa to live with you in the UK. They would be applying under the Adult dependent relative category.
More information
