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Immigration Rules Appendix Settlement Protection

Home Office

April 4
06:52 2024

A person who has been on a protection route for at least five years may be eligible for settlement on this route.

Only those granted refugee status or humanitarian protection as a result of asylum applications made before 28 June 2022 or granted refugee status and refugee permission to stay on asylum applications made on or after 28 June 2022, are eligible to apply on the settlement protection route.

Individuals who were granted refugee status and temporary refugee permission to stay or humanitarian protection and temporary humanitarian permission to stay following asylum applications made on or after 28 June 2022 are ineligible to apply on the settlement protection route

Partners and children of a person with refugee status or humanitarian protection who is eligible to apply on the settlement protection route may also apply on this route if they have been granted permission to stay as the dependant partner or child of such a person.

Validity requirements for settlement on a protection route

  1. STP 1.1. A person granted permission on a protection route who is applying for settlement must apply online on the gov.uk website on the specified form as follows:
    1. (a) form: Apply to settle in the UK refugee or humanitarian protection; or
    2. (b) form, Settlement Protection where available.
  1. STP 1.2. The application for settlement must meet all the following requirements:
    1. (a) the applicant must have provided any required biometrics; and
    2. (b) the applicant must satisfactorily establish their identity and nationality; and
    3. (c) the applicant must be in the UK on the date of application.
  1. STP 1.3. The applicant must have, or have last been granted:
    1. (a) permission to stay as a refugee or as a person granted humanitarian protection following an asylum application made before 28 June 2022; or
    2. (b) refugee permission to stay following an asylum application made on or after 28 June 2022.
  1. STP 1.4. An application which does not meet all the validity requirements for settlement for a person on a protection route may be rejected as invalid and not considered.

Suitability requirements for settlement by a person on a protection route

  1. STP 2.1. An application for settlement on a protection route must be refused where the applicant:
    1. (a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of four years or more; or
    2. (b) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of at least 12 months but less than four years, unless a period of 15 years has passed since the end of their sentence; or
    3. (c) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months, unless a period of seven years has passed since the end of their sentence; or
    4. (d) within the 24 months before the date on which the application for settlement is decided, has been convicted of, or admitted to an offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record; or
    5. (e) is a persistent offender who shows a particular disregard for the law; or
    6. (f) has committed a criminal offence, or offences, which caused serious harm; or
    7. (g) where a grant of settlement is not conducive to the public good because of their conduct, character, associations or other reasons (including convictions which do not fall within the criminality grounds) or because they represent a threat to national security.

Eligibility requirements for settlement for a person on a protection route

Qualifying period requirement for settlement for a person on a protection route

  1. STP 3.1. The applicant must have spent a continuous period of at least five years in the UK with either:
    1. (a) refugee status; or
    2. (b) humanitarian protection.

Continuing status requirement for settlement for a person on a protection route

  1. STP 4.1. The applicants refugee status or humanitarian protection must not have been revoked or renounced.

Decision on an application for settlement for a person on a protection route

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