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 or section 67 leave you must still meet the eligibility criteria for your type of leave. 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 if you have either: protection status (permission to stay as a refugee or person with humanitarian protection) section 67 leave 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 can apply for indefinite leave to remain as your ‘dependants’ if they’re eligible. To include your dependants in your application, you must have either: protection status (permission to stay as a refugee or person with humanitarian protection) discretionary leave If you have section 67 leave, you can only include your child in your application. Your dependants A ‘dependant’ is any of the following: 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 under 18 your child aged 18 or over - if they were living in the UK as your dependant before they turned 18 Your partner or child must: have been part of your family before you left your country already be in the UK They must also have been given permission to be in the UK with you, either: as your dependant, at the same time that you were granted protection status or discretionary leave using the family reunion route If you’ve had a child since you’ve come to the UK, they’re also eligible to apply. Other relatives who can apply Other relatives who can apply are: an adult relative you care for who has permission to stay with you a child who’s a close relative but not your child who has permission to stay with you They’ll need to apply separately. You cannot include them as dependants in your application. How much it costs If you have protection status or section 67 leave, there’s no fee for you or anyone included in your application. If you have discretionary leave, it will cost £3,029 for each person included in your application. What you’ll need to provide You’ll need to provide evidence of your relationship with your family members - check the form when you apply . If you care for an adult relative Your adult dependent relative can apply for indefinite leave to remain if all of 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 in your application. Make your applications at the same time. Your adult dependent relative’s visa will expire if you’re granted indefinite leave to remain. Find out how to apply for indefinite leave to remain as an adult dependent relative . If you care for a child who’s a close relative but not your child Your child relative can apply for settlement to stay with you if all of the following are true: they’ve already been given permission to join or stay with you as their close relative they’re already living with you in the UK they’re not leading an independent life (for example, they must not be married or have moved into their own home) you have protection status and are applying for settlement or are already settled permanently in the UK How much it costs They’ll need to pay an application fee of £3,029. What they’ll need to provide They’ll need to provide documents or other evidence to prove: their identity their immigration status their address If they’re 18 or over they may also need to: prove their knowledge of the English language take the Life in the UK Test They’ll also need to provide details about you, including: your name your address your date of birth your nationality your immigration status - including if you are settled How to apply Your child relative must apply separately for settlement to stay with you - you cannot include them in your application. If your family members are not in the UK They may be able to join you another way. For example, they may be eligible to: 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) apply as a child to join or stay with you (if your family member is not your child and has no one else to care for them) When your family members in the UK cannot apply Your family members cannot apply for indefinite leave to remain as your dependants if they: already have permission to be in the UK in another category are 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 permission to stay in the UK as a stateless person, there’s a different way to apply . If you have protection status (permission to stay as a refugee or person with humanitarian protection) or section 67 leave Apply as someone with protection status or section 67 leave . If your partner or children are eligible to apply, the application form will tell you if you can include them in your own application. If you cannot include them, they’ll need to apply separately. If your partner and children need to apply separately They can: apply as the partner of someone with refugee status or humanitarian protection apply as the child of someone with refugee status or humanitarian protection apply for a family visa , if you have section 67 leave Your partner and children will need to provide biometric information (usually fingerprints and a photo) at a UK Visa and Citizenship Application Services ( UKVCAS ) point . 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 If you’re applying for your partner and children they’ll need to provide biometric information. 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 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 £3,029 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 (usually your fingerprints and a photo). If you’re applying for your partner and children they’ll also need to 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 £1,000 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 both of the following are true: you were part of a family or in a relationship before you were forced to leave your country you have protection status (permission to stay as a refugee or person with humanitarian protection) 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. 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 . When your partner or child cannot join you Your partner or child cannot join you if: you do not have protection status you’re a British citizen you’ve not received a decision on your asylum claim you’re under 18 you have discretionary leave They may be eligible to apply for the following instead: a visa - if they’re applying from outside the UK on the basis of your private life - if they’re applying from inside the UK 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 in a civil partnership or marriage that’s recognised in the UK you’ve been in a relationship for at least 2 years when you apply You’ll also need to prove that you have an ongoing commitment to each other, for example by providing evidence that you: communicate regularly with each other support each other financially care for any children you have together Children Your child is: under the age of 18 not married or in a civil partnership and does not have a partner living with their parent (except when they’re at boarding school, college or university as part of their full-time education) 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 from outside the UK . They’ll also need to attend a visa application centre ( VAC ) to have their fingerprints and photograph (known as ‘biometric information’) taken. Apply in the UK Your partner or child must apply online for family reunion from inside the UK . 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 fingerprints and photograph (known as ‘biometric information’) and have their supporting documents checked. Getting a decision If your family member has not heard back after 9 months, they can contact UK Visas and Immigration . 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, discretionary or section 67 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
section 67 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.

If you have section 67 leave, you can only include your child in your application. If you want other family members to join you in the UK, you will need to apply for a family visa.

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) or section 67 leave. This will also apply to your partner or child.

If you have discretionary leave it costs £3,029 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) or section 67 leave.

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 you have 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.

If you have section 67 leave, you will need to apply for another form of leave (for example, a visa) to stay in the UK.

View a printable version of the whole guide

Indefinite leave to remain (permission to stay as a refugee, humanitarian protection, discretionary or section 67 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, discretionary or section 67 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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