Beneficiaries of refugee status and subsidiary protection (“humanitarian protection”) 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. 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. Therefore, although legally the period of leave is extended by virtue of the new application, this is difficult to prove to employers and or providers of services that may require evidence of leave to access. This is becoming an increasing problem, as the government seeks to deny more services to those who cannot provide evidence of leave.
This same Home Office policy explains the circumstances in which a person’s application for unlimited leave (“settlement”) is denied.
Applicants must have held a UK Resident Permit (UKRP) for a continuous period of 5 years which must not have been revoked or not renewed. The Rules also enable the Home Office to delay granting settlement to those with a criminal history or where there is any evidence of extremist behaviours that run contrary to British values, either permanently or for set periods of time depending on the severity of the crime or behaviour. In these cases, the application for settlement may be refused but if the applicant is still in need of international protection, additional periods of time limited leave may be granted.
See e.g. Joint Council for the Welfare of Immigrants (JCWI), Passport please, February 2017, available at: http://bit.ly/2kBLCNw; Independent Chief Inspector of Borders and Immigration, Report on the ‘hostile environment’, October 2016, available at: http://bit.ly/2eeZ7Qw.
Home Office, Asylum Policy Instruction: Settlement protection, 2 February 2016, Section 7.