Immigration Rules Appendix Settlement Protection
Settlement for people on a protection route
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.
- 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:
- (a) form: ‘Apply to settle in the UK – refugee or humanitarian protection’; or
- (b) form, ‘Settlement Protection’ where available.
- STP 1.2. The application for settlement must meet all the following requirements:
- (a) the applicant must have provided any required biometrics; and
- (b) the applicant must satisfactorily establish their identity and nationality; and
- (c) the applicant must be in the UK on the date of application.
- STP 1.3. The applicant must have, or have last been granted:
- (a) permission to stay as a refugee or as a person granted humanitarian protection following an asylum application made before 28 June 2022; or
- (b) refugee permission to stay following an asylum application made on or after 28 June 2022.
- 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.
- STP 2.1. An application for settlement on a protection route must be refused where the applicant:
- (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
- (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
- (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
- (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
- (e) is a persistent offender who shows a particular disregard for the law; or
- (f) has committed a criminal offence, or offences, which caused serious harm; or
- (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.
Qualifying period requirement for settlement for a person on a protection route
- STP 3.1. The applicant must have spent a continuous period of at least five years in the UK with either:
- (a) refugee status; or
- (b) humanitarian protection.
Continuing status requirement for settlement for a person on a protection route
- STP 4.1. The applicant’s refugee status or humanitarian protection must not have been revoked or renounced.
- STP 5.1. If the decision maker is satisfied that the applicant meets all the suitability and eligibility requirements for settlement for a person on a protection route are met, the applicant will be granted settlement.
- STP 5.2. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement for a person on a protection route, but is satisfied that the applicant is still entitled to refugee status or humanitarian protection, the applicant will be granted a further period of permission to stay on a protection route for at least 30 months.
- STP 5.3. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement for a person on a protection route, or for permission to stay on a protection route, the application for settlement will be refused.
Validity requirements for settlement as a partner or child of a person on a protection route
STP 6.1. An applicant who is applying for settlement as a partner or child of a person on a protection route must apply online on the gov.uk website on the specified form as follows:
| Applicant | Form |
|---|---|
| Partner | Either: ‘Apply to settle in the UK – refugee or humanitarian protection’; or ‘Settlement as a partner or parent’ (where available). |
| Child | Either: ‘Apply to settle in the UK – refugee or humanitarian protection’; or ‘Settlement as a child (including a child aged over 18 already in the UK as a dependent)’ (where available). |
- STP 6.2. An application for settlement as a partner or child on a person on a settlement route must meet all the following requirements:
- (a) the applicant must have provided any required biometrics; and
- (b) the applicant must satisfactorily establish their identity and nationality; and
- (c) the applicant must be in the UK on the date of application.
- STP 6.3. (a) Unless the applicant is a child born in the UK while their parent had refugee status or humanitarian protection, the applicant must have, or have last been granted permission as the child of a person granted refugee status or humanitarian protection following an asylum application made before 28 June 2022.
- (b) Unless the applicant is a child born in the UK while their parent had refugee permission to stay, the applicant must have, or have last been granted permission to stay under paragraph 339QC, 352B-BA, 352E, 352FB or 352FH of these rules.
- STP 6.4. An application which does not meet all the validity requirements for settlement as a partner or child of a person on a protection route may be rejected as invalid and not considered.
Suitability requirements for settlement as a partner or child of a person on a protection route
- STP 7.1. An application for settlement as a partner or child of a person on a settlement route must be refused where the applicant:
- (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
- (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
- (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
- (d) within the 24 months prior to the date on which the application for settlement is decided, has been convicted of or admitted to an office 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
- (e) is a persistent offender who shows a particular disregard for the law; or
- (f) has committed a criminal offence, or offences, which caused serious harm; or
- (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 the fact they represent a threat to national security.
Eligibility requirements for settlement as a partner or child of a person on a protection route.
Relationship requirement for settlement as the partner of a person on a protection route.
- STP 8.1. The applicant must be the partner of a person (P) where one of the following applies:
- (a) P has refugee status or humanitarian protection and is, at the same time as the applicant, being granted settlement; or
- (b) P has refugee status or humanitarian protection, is settled on the protection route and the applicant had permission to stay as P’s partner when P settled.
- STP 8.2. The requirements of Appendix Relationship with Partner must be met.
- STP 8.3. DELETED.
Requirements for settlement as a child of a person on a protection route
- STP 8A.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) age requirement; and
- (b) care requirement; and
- (c) relationship requirement: settlement.
Relationship requirement for settlement as a child of a person on a protection route
- STP 9.1. DELETED.
- STP 9.2. DELETED.
Age requirement for settlement as a child of a person on a protection route
- STP 10.1. DELETED.
- STP 11.1. If the decision maker is satisfied that the applicant meets all the suitability and eligibility requirements for settlement as a partner or child of a person on a protection route, the applicant will be granted settlement.
- STP 11.2. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement as a partner or child of a person on a protection route, but is satisfied that the applicant continues to qualify as a partner or child of a person on a protection route, the applicant will be granted permission to stay for at least 30 months.
- STP 11.3. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements for settlement as a partner or child of a person on a protection route, or for permission to stay as a partner or child of a person on a protection route, the application for settlement will be refused.