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鈥檙e 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 may be eligible for indefinite leave to remain if you have protection status (either permission to stay as a refugee or person with humanitarian protection) or Discretionary Leave. Your family must both: already be in the UK have formed before you left your country If your family members cannot get indefinite leave to remain because they鈥檙e not in the UK, they may be able to join you another way. They can either: 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) 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 . Eligibility Family members are: your partner (husband, wife, civil partner or the person you鈥檝e been in a genuine relationship with for 2 years before applying to settle) your child or children - born in the UK or abroad You need to provide evidence of your relationship - check the form when you apply . Your family members must either have been given permission to be in the UK with you: as your dependant, at the same time you were granted protection status (permission to stay as a refugee or person with humanitarian protection) or Discretionary Leave using the family reunion route A child of yours born in the UK who is not a British citizen is also eligible. You can include your partner and children under 18 on your application form. You can include your children who are 18 or over if they were living in the UK as your dependant before they turned 18. Other exceptions Your partner or other dependants cannot apply 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鈥檝e started your application, you can save your form and complete it later. You鈥檒l be told what documents you need to provide when you apply. You鈥檒l usually get a decision within 6 months. 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鈥檒l 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鈥檒l need to prove your identity. You鈥檒l either: use the 鈥楿K Immigration: ID Check鈥� app to scan your identity document - you鈥檒l 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鈥檙e applying for your partner and children they鈥檒l need to provide biometric information. You鈥檒l be told what you need to do when you apply. You鈥檒l also need to submit your supporting documents. You can upload them to the online service, or if you鈥檙e 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 拢2,885 for each person applying. Providing biometric information and supporting documents When you apply, you鈥檒l 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鈥檙e applying for your partner and children they鈥檒l also need to provide biometric information. You鈥檒l 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 拢1,000 to use this service. You鈥檒l 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鈥檙e 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听 you鈥檙e a British citizen听 you鈥檝e not received a decision on your asylum claim you鈥檙e under 18 you have discretionary leave They may be eligible to apply for the following instead: a visa - if they鈥檙e applying from outside the UK on the basis of your private life - if they鈥檙e applying from inside the UK Eligibility Your partner and any children must meet the following requirements. Partner Your partner is someone you鈥檙e in a genuine relationship with. You must be able to prove one of the following: you鈥檙e in a civil partnership or marriage that鈥檚 recognised in the UK you鈥檝e been living together in a relationship for at least 2 years when you apply you鈥檝e been in a relationship for at least 2 years when you apply but you cannot live together, for example because you鈥檙e working or studying in different places, or it鈥檚 not accepted in your culture You鈥檒l 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鈥檙e 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鈥檙e 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. They鈥檒l also need to attend a visa application centre ( VAC ) to have their fingerprints and photograph (known as 鈥榖iometric information鈥�) taken. Apply in the UK Your partner or child can apply by email or by letter. UKVI Family Reunion Team acscincountryfamilyreunion@homeoffice.gov.uk 袄苍听听 UKVI Family Reunion Team听听 Admin Team听听 Level 0听听 Capital Building听听尝颈惫别谤辫辞辞濒听听 L3 9PP听听 Providing biometric information and supporting documents When your family member applies, they鈥檒l be asked to make an appointment at a Service and Support Centre to provide their fingerprints and photograph (known as 鈥榖iometric information鈥�) 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 if they鈥檙e: inside the UK outside the UK 听 Choose 鈥楽omething else鈥� to get to the right contact details. Fees There鈥檚 no fee for applying for family reunion for eligible family members.听

Indefinite leave to remain (permission to stay as a refugee, humanitarian protection, Discretionary or Section 67 Leave): Overview

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鈥檚 also called 鈥榮ettlement鈥�. It gives you the right to live, work and study here for as long as you like, and apply for benefits if you鈥檙e eligible. You can use it to apply for British citizenship.

Check if you鈥檙e 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鈥檙e already in the UK as your dependant, they can apply to stay in the UK with you if they鈥檙e 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鈥檙e 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鈥檙e 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鈥檚 visa will expire if you鈥檙e granted ILR.

Fees

There鈥檚 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 拢2,885 for you and each other person you include in your application. You鈥檒l each need to have your biometric information (fingerprints and a photo) taken - there鈥檚 no fee for this.

Getting a decision

You鈥檒l usually get a decision within 6 months.

If you have Discretionary Leave and you paid to use the 鈥榮uper priority service鈥�, you鈥檒l get a decision within 2 working days. Working days are Monday to Friday, not including bank holidays.

You cannot use the 鈥榮uper priority service鈥� 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鈥檒l 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鈥檝e 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

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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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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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