Can a Refugee Apply for ILR (Indefinite Leave to Remain) in the UK?

If you’ve been living in the UK as a refugee, you’re probably wondering about your long-term future here. The short answer is yes refugees can absolutely apply for indefinite leave to remain (ILR). This is an important milestone that gives you permanent settlement rights and opens the door to British citizenship.

Let’s walk through everything you need to know about applying for ILR as a refugee, including timing, requirements, and what to expect from the process.

Understanding Refugee Status vs Asylum Seeker Status

Before we look at the ILR pathway, it’s worth clarifying an important distinction that often causes confusion.

What Makes Someone a Refugee?

A refugee is someone who has been granted protection by the UK government because they face persecution in their home country. This protection is based on the 1951 Geneva Convention and covers persecution related to:

• Race
• Nationality
• Religion
• Membership of a particular social group
• Political opinion

Once the Home Office or an immigration tribunal grants you refugee status, you receive permission to stay in the UK for five years initially.

The Difference Between Asylum Seekers and Refugees

An asylum seeker is someone who has made a claim for protection but hasn’t yet received a decision. You remain an asylum seeker throughout the application and appeal process. Only when UKVI formally grants your claim do you become a refugee with legal status.

Many asylum seekers arrive in the UK through irregular routes – hidden in vehicles, by boat, or using false documents. While these arrival methods are noted, they don’t automatically prevent you from obtaining refugee status if your claim is genuine. What matters most is that you claim asylum at the earliest opportunity after reaching safety.

The Pathway from Refugee Status to Indefinite Leave to Remain

Understanding the timeline from refugee status to ILR helps you plan ahead and prepare properly.

How Long Must Refugees Wait Before Applying for ILR?

Refugees must complete five years of continuous residence in the UK with refugee status before applying for indefinite leave to remain. This five-year period starts from the date your refugee status was granted, not from when you first arrived in the UK or claimed asylum.

For example, if you claimed asylum in January 2018 but received refugee status in March 2019, your five-year clock starts in March 2019. You’d be eligible to apply for ILR from March 2024 onwards.

Why Isn’t ILR Granted Immediately?

You might wonder why the UK doesn’t grant permanent settlement straight away. The reason is practical: situations change. If conditions in your home country improve significantly  perhaps a war ends or a persecutory government falls – you may no longer need protection.

The five-year period allows the Home Office to reassess whether you still have a genuine fear of persecution. If circumstances have changed and you’d be safe returning home, your ILR application might be refused. This is why your application will always include questions about whether you and your family still fear returning to your country of origin.

Refugee ILR Eligibility Requirements

Meeting the basic five-year requirement isn’t the only consideration. Let’s look at what else matters.

The 5-Year Continuous Residence Requirement

Your five years must be continuous, though this doesn’t mean you can never leave the UK. Short trips abroad are generally acceptable, but extended absences could cause problems. Immigration solicitors in Manchester can advise on whether your travel history might affect your application.

You’ll also need to demonstrate good character, which means no serious criminal convictions or immigration breaches during your time as a refugee.

Ongoing Fear of Persecution Assessment

Your ILR application will ask whether you still fear returning to your country of nationality or habitual residence. Be honest here. If circumstances have genuinely improved and you no longer fear persecution, the Home Office may question whether you still need protection.

However, if you’ve built a life in the UK over five years – found work, enrolled your children in school, integrated into your community – there may be other grounds to remain even if the original persecution risk has reduced. Professional legal advice is valuable in these situations.

How to Apply for ILR as a Refugee

The application process is straightforward, though getting the details right matters enormously.

The Online Application Process

Refugee ILR applications are submitted online through the UK Visas & Immigration Services portal. You’ll complete a form called “Settlement as a refugee (SET Refugee)” and upload supporting documents digitally.

The system will guide you through booking a biometric appointment if required, where you’ll provide fingerprints and a photograph.

Required Documents for Refugee ILR Applications

You’ll typically need:

• Your current refugee travel document
• Evidence of continuous residence (tenancy agreements, utility bills, employment records)
• Documents showing your family composition if including dependants
• Proof you still fear persecution in your home country
• Character references if relevant to your application

Make sure all documents are clear, legible, and translated into English by a certified translator if originally in another language.

Is the Refugee ILR Application Free?

Yes, this is one of the few genuinely free UK immigration applications. Refugees and their family members who came to the UK through the family reunion route don’t pay the standard ILR fee, which can otherwise cost thousands of pounds.

This recognises the vulnerable circumstances that led to your refugee status in the first place.

Refugee ILR Processing Times and What to Expect

Waiting for a decision can be stressful, so knowing realistic timeframes helps manage expectations.

Current Waiting Times for Refugee ILR Decisions

Most refugee ILR applications receive a decision within 6 months, with many resolved in just 8 weeks. However, processing times can vary depending on Home Office workload and the complexity of your case.

Applications requiring additional checks or interviews may take longer. If your circumstances have changed significantly – for example, if you’ve travelled back to your home country during your refugee status – expect more detailed scrutiny and potentially longer processing times.

What Happens After You Submit Your Application?

After submission, your existing refugee status remains valid while your application is considered. You can continue working, studying, and accessing NHS services as before.

The Home Office may request additional information or evidence. Respond promptly to any such requests to avoid delays. If everything is straightforward, you’ll receive a decision letter granting ILR, after which you can collect your biometric residence permit showing your new status.

Can Refugees Bring Family Members to the UK?

Family reunion remains a central concern for refugees, but the system has recently undergone a major and immediate change that makes the process far more difficult.

Suspension of the Dedicated Refugee Family Reunion Route

The dedicated Refugee Family Reunion route (Appendix Family Reunion, also known as Appendix FRP) was temporarily suspended to new applications from 4 September 2025.

This dedicated route previously allowed a refugee to sponsor their immediate family (spouse/partner and children under 18) to join them in the UK without meeting the financial and English language requirements imposed on other applicants, and without paying the application fees.

The New Reality: Applying under Standard Family Visa Rules

Since the suspension, if you hold refugee status or humanitarian protection and wish to bring family members to the UK, your family must now apply under the standard Family Visa Rules (Appendix FM).

What Happens If Your Refugee ILR Application Is Refused?

While most straightforward applications succeed, refusals do happen.

Common Reasons for Refusal

Applications typically fail because:

• The Home Office believes circumstances in your home country have improved sufficiently
• You’ve breached UK immigration rules during your refugee status
• You’ve failed to demonstrate continuous residence
• There are unexplained gaps in your evidence
• You’ve committed serious criminal offences

Your Right to Appeal or Reapply

If refused, you may have a right to appeal the decision or to submit a fresh application addressing the reasons for refusal. Getting help from specialists in asylum and refugee claims can significantly improve your chances on reapplication.

Some refusals are final, particularly if the Home Office determines your home country is now safe. In these cases, you may be asked to leave the UK or transition to a different visa category if eligible.

Life After Obtaining ILR as a Refugee

ILR opens up new possibilities and represents genuine security in the UK.

Can You Apply for British Citizenship?

Yes, and this is where many refugees ultimately aim. Once you’ve held ILR for 12 months, you can apply for British citizenship through naturalisation. You’ll need to pass the Life in the UK test and meet English language requirements unless exempt.

British citizenship means you can apply for a British passport, vote in elections, and live in the UK without any immigration restrictions whatsoever.

Travel Rights and Work Permissions

With ILR, you can:

• Travel in and out of the UK freely (though extended absences can affect future citizenship applications)
• Work in any job without restrictions
• Study at any level
• Access public funds and benefits
• Live anywhere in the UK

You’ll also be able to apply for a British passport once you become a citizen, which makes international travel far easier than the refugee travel document.

Get Expert Help with Your Refugee ILR Application

While the refugee ILR application is free and relatively straightforward, getting it right matters. An application that’s refused can have serious consequences for your future in the UK.

Our experienced team has helped many applicants  of refugees successfully obtain ILR and move forward with their lives. We understand the complexities of refugee law and can ensure your application presents your case in the strongest possible way.

Whether you’re approaching your five-year anniversary, concerned about changed circumstances in your home country, or dealing with complications in your case, we’re here to help.

Call us today on 0161 464 4140 or book a consultation online to discuss your refugee ILR application with our Manchester-based immigration specialists.