Leave to remain

This page explains the permission we give you to stay in the UK if your application for asylum is successful. This permission is known as 'leave to enter' or 'leave to remain'.

Refugee status and humanitarian protection

If we recognise you as a refugee or decide that you may stay here for humanitarian reasons, we will give you permission to enter and stay in the UK for an initial period of five years. For more information about humanitarian protection, see Human rights applications.

If you have any dependants, they will receive the same permission to stay. Any other dependants may apply for further leave to remain using application form FLR(P).

Refugees and those with humanitarian protection - route to settlement

If you are a refugee or someone granted humanitarian protection whose limited leave is due to expire from August 2010 and you need continuing protection you will need to apply for indefinite leave to remain (ILR) before your leave expires.

You should submit your application form in the month before your limited leave expires. For example, if it ends on 30 August 2010, your application should reach us between 30 July and 30 August 2010.

It is important that you apply in time before your leave expires. This will ensure that:

• your case is considered easily, and
• your leave continues.

If you do not apply in time, you will no longer have leave and we will carry out an in depth review of your case. This may lead to your status being revoked and removal from the UK.

You should include all your dependants living in the UK on your application form, including those born in the UK since you were granted leave to remain.

For information on how to apply for indefinite leave to remain before your leave expires, you should see the webpage on Completing Form Set (protection route) page.

Gateway Protection Programme

(Instead of being given temporary permission to stay for five years, refugees who are resettled in the UK through the Gateway Protection Programme are immediately given permission to settle here permanently. For more information, see the Gateway Protection Programme page.)

Your residence permit gives you the same rights as permanent residents of the UK. You can work and apply for public funds (also known as benefits). Your case owner will help you to start building your new life in this country. We call this integration.

You will be able to renew your residence permit or apply for permission to settle here (also known as 'indefinite leave to remain) at the end of the five years, unless we believe there are serious reasons to refuse it. The Active review page describes the circumstances in which we may refuse to renew your residence permit. For more information, see the Extending your stay and Settlement sections.

If we have given you humanitarian protection and you want to extend your stay or settle here, you will need to complete application form DL. See the Completing application form DL page for more information.

Discretionary leave

If we do not recognise you as a refugee or a person who qualifies for humanitarian protection, we may give you another type of temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.

We will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, we will review your circumstances before deciding whether to give you further permission to stay. See Active review for more details. You will not be able to apply for permanent residence until you have lived in the UK for at least six years (or 10 years in some cases). To extend your residence permit or apply for permanent residence, you will need to complete application form DL - see Extend your visa for more information.

Indefinite leave to remain (often known as 'ILR' and 'settlement') is permission to remain in the UK without any time restrictions on the length of stay. It is not the same as naturalisation as a British citizen and may, in specific circumstances, be ceased or invalidated, for example, if a fraudulent application is uncovered, if the person resides outside of the UK for more than 2 years or as a result of a criminal conviction that results in a Deportation Order coming into force.Someone who depends on you financially, such as a husband, wife, partner, or child.