The Indefinite Leave to Remain as a refugee application can be submitted to the Home Office, UKBA on the foundation of the 5 years of residing in the UK as an acknowledged refugee, as is contained under the 1951 United Nations Convention Relating to the status of refugees. This application should be made using the Form SET (Protection) and submitted to the Home Office, UKBA within 30 days from the date at which your leave to remain in the UK as a refugee expired.
Nonetheless, it is important to note that the migrant is now required to undergo an official review after 5 years to obtain ILR under this route. This development was met with reservation as it implies kicking refugees back to the countries they were fleeing from. Understanding that the Home Office granted their initial refugee application based on having shown that they were indeed fleeing persecution or conflict adds a different perspective.
It is also important to highlight, especially if you are looking to make the application yourself, that the right form to use is the Form SET (Protection Route) – this can be downloaded from the Home Office website. Submitting the wrong form will result in your application being returned as invalid.
We also point to you, there is no extra fee payable when applying for ILR or settlement under this route. You should also endeavour to retain a copy of your immigration status document before submitting the form, as well as any associated document by registered post.
Application would take around 6 months. However, this date may vary depending on the volume of applications at the Home Office. Currently 95% of applications are processed within 6 months. Please note that your records will be checked with the police. Persons with strong convictions are likely to have issues especially when applying for a passport.
Should you need assistance with your immigration matter, please speak to one of our immigration associates today for a free 15 minute consultation.