Beneficiaries of refugee status and subsidiary protection (called “humanitarian protection” in the UK legal system) receive 5 years’ leave to remain. For most people, applying for settlement, also known as Indefinite Leave to Remain (ILR), after the end of the 5-year period of leave is a straightforward process.[1] Difficulties encountered relate to the length of time it takes for the application to be processed, as all documents must be submitted to the authorities. Although legally the period of leave is extended by virtue of the new application,[2] this is difficult to prove to employers and or providers of services who often want to see physical evidence of entitlement to work or rent, for example. This is becoming an increasing problem, as the government seeks to deny more services to those who cannot provide evidence of leave.[3]
In November 2025 the government announced proposals to reduce the length of leave that a refugee is granted to 30 months, and to extend the period of time they need to wait for settlement to 20 years. It was also announced that a new “Protection Work and Study route” would be introduced which will allow people to switch from the “Core Protection” route if they meet the work and study requirement and pay the applicable application fee. This work and study route is to have a shorter period to settlement than 20 years.[4]
On 2 March 2026 the Home Secretary implemented the first part of this and announced that people making initial claims for asylum or further submissions in support of a fresh claim for asylum on or after 2 March 2026 would be granted 30 months’ refugee leave instead of five years.[5] The change was implemented via a statement of changes to the immigration rules. Those who were unaccompanied asylum seeking children at the date of their claim will still be granted five years refugee leave.[6] Details on the changes to settlement are expected in the second half of 2026.
[1] See Home Office, Settlement for people on a protection route (refugee status / humanitarian protection), 27 January 2026, available here.
[2] Immigration Act 1971, s 3C, available here.
[3] RAMFEL, ‘The Hostile Environment remains in place: A study of how thousands of lawfully resident migrants are wrongly deprived of their rights each year’, 3 October 2022, available here.
[4] Home Office, Restoring Order and Control: A statement on the government’s asylum and returns policy, (CP 1418, 2025).
[5] Home Office, ‘Refugee protection to be reviewed every 30 months’, 2 March 2026, available here.
[6] Home Office, Statement of changes to the Immigration Rules: HC 1691, 6 March 2026, available here.