You must have a residence card if you have protection status (either permission to stay as a refugee or person with humanitarian protection). If you have Discretionary Leave you must still meet the eligibility criteria for it. Check your documents to see what your criteria are. The eligibility criteria are different if you’re applying as an adult dependent relative . Time in the UK You can apply after 5 years in the UK with protection status (you either have permission to stay as a refugee or person with humanitarian protection). If you have Discretionary Leave, you can apply after: 6 years if you were first given Discretionary Leave on or before 8 July 2012 10 years if you were first given Discretionary Leave from 9 July 2012

Family applying as dependants

Your family members may be eligible for indefinite leave to remain if you have protection status (either permission to stay as a refugee or person with humanitarian protection) or Discretionary Leave. Your family must both: already be in the UK have formed before you left your country If your family members cannot get indefinite leave to remain because they’re not in the UK, they may be able to join you another way. They can either: apply to be reunited with you (if you formed your family before you left) apply for a family visa (if you formed your family after you left) Eligibility Family members are: your partner (husband, wife, civil partner or the person you’ve been in a genuine relationship with for 2 years before applying to settle) your child or children - born in the UK or abroad You need to provide evidence of your relationship - check the form when you apply . Your family members must either have been given permission to be in the UK with you: as your dependant, at the same time you were granted protection status (permission to stay as a refugee or person with humanitarian protection) or Discretionary Leave using the family reunion route A child of yours born in the UK who is not a British citizen is also eligible. You can include your partner and children under 18 on your application form. You can include your children who are 18 or over if they were living in the UK as your dependant before they turned 18. Other exceptions You cannot include a partner or other dependant who: already has permission to be in the UK in another category is currently in the UK without permission They may be able to apply for indefinite leave to remain some other way .

You should apply during the last month of your current permission to be in the UK. You must apply online. The form you use depends on your situation. Once you’ve started your application, you can save your form and complete it later. You’ll be told what documents you need to provide when you apply. You’ll usually get a decision within 6 months. If you have protection status (permission to stay as a refugee or person with humanitarian protection) Apply as someone with protection status . If your partner or children are eligible to apply, you’ll either be able to include them in your application or they’ll need to apply separately. The application form will tell you if you can include them in your application. Proving your identity As part of your application you’ll need to prove your identity. You’ll either: use the ‘UK Immigration: ID Check’ app to scan your identity document - you’ll also create or sign in to your UK Visas and Immigration (UKVI) account give your fingerprints and a photograph (biometric information) at a UK Visa and Citizenship Application Services ( UKVCAS ) point - this is to get a biometric residence permit You’ll be told what you need to do when you apply. You’ll also need to submit your supporting documents. You can upload them to the online service, or if you’re attending a UKVCAS service point you can have them scanned at your appointment. If your partner and children are applying separately from you If you have refugee status or humanitarian protection, your: partner can apply separately child can apply separately As part of their application, your partner and children will need to prove their identity with their fingerprints and a photograph (biometric information) at a UK Visa and Citizenship Application Services ( UKVCAS ) point . If you have Discretionary Leave The form you use to apply depends on why you got Discretionary Leave. You either: apply if you were refused asylum apply if your non-asylum application was refused It costs £2,404 for each person applying. Providing biometric information and supporting documents When you apply, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services ( UKVCAS ) service point to provide your biometric information (your fingerprints and a photo). Any children aged 6 and over who are applying on your form must also provide biometric information. You’ll also need to submit your supporting documents. You can: upload them to the online service have them scanned at your UKVCAS appointment Get a faster decision on your application If you got Discretionary Leave after your non-asylum application was refused, you can choose to use the super priority service to apply for indefinite leave to remain. It costs an extra £800 to use this service. You’ll get a decision either: by the end of the next working day after providing your biometric information, if your appointment is on a weekday 2 working days after providing your biometric information, if your appointment is at the weekend Working days are Monday to Friday, not including bank holidays. Get help to apply online You can get help with completing the online form if you: do not feel confident using a computer or mobile device do not have internet access You can only use this service if you’re applying in the UK. You cannot get immigration advice through this service.

Your partner or child may be able to join or stay with you in the UK if: you were part of a family before you were forced to leave your country you have protection status (permission to stay as a refugee or person with humanitarian protection) If you formed your family after you left your country, your partner or child must first apply for a visa to join you in the UK . This also applies if they’re not eligible to apply as your partner or child. Your partner or child cannot join you if: you have not received a decision on your asylum claim you’re under 18 If their application is successful, your family members will be allowed to come to or stay in the UK with the same permission as you. Eligibility Your partner and any children must meet the following requirements. Partner Your partner is someone you’re in a genuine relationship with. You must be able to prove one of the following: you’re married you’re in a civil partnership If you’re not married or in a civil partnership, your partner may be able to join you if you’ve lived together in a relationship like a marriage or civil partnership for at least 2 years in your country you had to flee. Children Your child is: under the age of 18 not married or in a civil partnership If your child is aged 18 and over, they can apply as a child if all of the following apply: your child is dependent on your financial and emotional support the parent of the child is in the UK or they’re eligible to come to the UK for family reunion and are planning on travelling to the UK your child does not live an independent life and cannot afford essential living costs your child has no other relatives for support and cannot get support or work in the country where they are living Apply outside the UK Your partner or child must apply online for family reunion. They’ll also have to complete application form VAF4A with Appendix 4 . They’ll need to have their fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of their application. Getting a decision If they have not heard back after 9 months they can contact UK Immigration and Visas for help . Choose ‘Something else’ to get to the right contact details. Apply in the UK Your partner or child can apply to stay with you in the UK if all the following are true: you have protection status (permission to stay as a refugee or person with humanitarian protection) in the UK they’re making their first application to stay with you and they’re already in the UK they can prove they had a relationship with you before you fled your home country to get protection Your partner or child can apply by email or by letter. UKVI Family Reunion Team acscincountryfamilyreunion@homeoffice.gov.uk UKVI Family Reunion Team Admin Team Level 0 Capital Building Liverpool L3 9PP Providing biometric information and supporting documents When your family member applies, they’ll be asked to make an appointment at a Service and Support Centre to provide their biometric information (their fingerprints and a photo) and have their supporting documents checked. Fees There’s no fee for applying for family reunion for eligible family members.

Indefinite leave to remain (permission to stay as a refugee, humanitarian protection or Discretionary Leave)

Overview

You may be able to apply for indefinite leave to remain (ILR) if you have:

protection status (permission to stay as a refugee or person with humanitarian protection)
Discretionary Leave

Indefinite leave to remain is how you settle in the UK. It’s also called ‘settlement’. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.

Check if you’re eligible for indefinite leave to remain.

Family members

Your family members may also be able to apply.

Partners and children in the UK

If they’re already in the UK as your dependant, they can apply to stay in the UK with you if they’re eligible. This includes children born in the UK.

Check if your family member is eligible.

If your application is successful, your family members will usually have permission to stay in the UK for the same length of time as you.

Partners and children outside the UK

Your family members may be able to apply to be reunited with you in the UK if your family was formed before you fled your country.

If you formed your family after you left, they must first apply for a visa to join you in the UK. This also applies if they’re not eligible to apply as your partner or child.

If you care for an adult relative

Your adult dependent relative can apply if all the following are true:

they’re over 18
they have a family visa as an adult dependent relative
you have protection status (permission to stay as a refugee or person with humanitarian protection)

They must apply separately - you cannot include them on your application.

Make your applications at the same time. Your adult dependent relative’s visa will expire if you’re granted ILR.

Fees

There’s no fee if you have protection status (permission to stay as a refugee or person with humanitarian protection). This will also apply to your partner or child.

If you have Discretionary Leave it costs £2,404 for you and each other person you include in your application. You’ll each need to have your biometric information (fingerprints and a photo) taken - there’s no fee for this.

Getting a decision

You’ll usually get a decision within 6 months.

If you have Discretionary Leave and you paid to use the ‘super priority service’, you’ll get a decision within 2 working days. Working days are Monday to Friday, not including bank holidays.

You cannot use the ‘super priority service’ if you have protection status (permission to stay as a refugee or person with humanitarian protection).

You must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man until you get a decision. Your application will be withdrawn if you do.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified
if you need to attend an interview
because of your personal circumstances, for example if you have a criminal conviction

If your application is approved

You can do the following:

work
run a business
study
use public services, such as healthcare and schools
apply for public funds (benefits) and pensions
apply for British citizenship, usually after a minimum of 12 months

Travelling outside the UK

You can travel outside the UK using a Home Office travel document.

You can lose your indefinite leave to remain if you:

travel back to the country you sought asylum from
stay outside the UK for more than 2 years - you may need to apply before you can return to the UK

If your application for indefinite leave to remain is refused

If your application is refused and you still need protection status (permission to stay as a refugee or person with humanitarian protection) or Discretionary Leave, you might still be able to stay in the UK. Your decision letter will explain what you’ve been offered instead of indefinite leave to remain.

View a printable version of the whole guide

Indefinite leave to remain (permission to stay as a refugee, humanitarian protection or Discretionary Leave)

Overview

Family members

Partners and children in the UK

Partners and children outside the UK

If you care for an adult relative

Fees

Getting a decision

If your application is approved

Travelling outside the UK

If your application for indefinite leave to remain is refused

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Indefinite leave to remain (permission to stay as a refugee, humanitarian protection or Discretionary Leave)

Overview

Family members

Partners and children in the UK

Partners and children outside the UK

If you care for an adult relative

Fees

Getting a decision

If your application is approved

Travelling outside the UK

If your application for indefinite leave to remain is refused

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