Settlement after asylum if you arrived irregularly
Many refugees and people with humanitarian protection in the UK did not arrive with a visa or regular permission. For most, that was the only realistic way to get to safety. If you now have status, your main question is often no longer “Can I be removed?” but “Can I ever feel settled here?”
This guide is for people who already hold refugee status or humanitarian protection and want to understand what irregular entry and past immigration history might mean for their future applications for indefinite leave to remain (ILR) and, later, British citizenship. It is general information only and is not a substitute for individual legal advice.
Your current status and the path to ILR
If you have refugee status or humanitarian protection, you are usually granted a period of limited leave, often 5 years. That leave allows you to live, work and study in the UK and to access certain services. Near the end of this period, you can usually apply for ILR so that you can stay without time limits.
Your route to ILR sits on top of the status you already hold. The fact that you originally arrived irregularly does not automatically stop you from applying, but it can be part of how the Home Office looks at your overall history when it decides whether to grant settlement.
How irregular entry fits into your record
The law now treats irregular entry far more harshly for people who arrive and claim asylum today. For those who already hold refugee status or humanitarian protection, the position is more about history and “character” than about immediate removal.
When you apply for ILR, the Home Office is likely to look at:
- How you first entered the UK (for example, with or without a visa, using your own documents or not).
- Whether you have always kept to the conditions of your leave since you were granted status.
- Whether there have been any criminal convictions or other issues since you were recognised as needing protection.
Irregular entry on its own is not usually the deciding factor once you already have protection. What often matters more is whether you have been open about your history and whether there are any ongoing concerns about honesty, offending or risk.
Good character, conduct and “safe return”
For ILR and, later, citizenship, the Home Office does not just look at whether you still need protection. It also considers your character and conduct. This can feel vague, but in practice it includes:
- Criminal convictions, cautions and other offending, especially where there is a pattern or serious harm.
- Proven deception in previous applications, if it has not been corrected or explained.
- Behaviour that could suggest you no longer fear your home country, such as travelling back there without a strong and clear reason.
As part of your ILR application, the Home Office is also likely to carry out a “safe return” review. In simple terms, this means asking whether the situation in your country and in your own life has changed so much that it would now be safe and reasonable for you to go back. Good evidence about ongoing risk can be very important.
Steps you can take now
You do not need to wait until the month before your ILR application to start preparing. There are practical things you can do during your current grant of leave that make it easier to apply when the time comes.
- Keep key documents safe: your grant letter, BRP, Home Office correspondence, tribunal decisions and any police or court paperwork if relevant.
- Stay within your conditions: renew your documents on time, update your address, and check any limits on travel or work so you do not accidentally breach them.
- Be cautious about travel: get advice before going to your country of origin or the region around it, especially if you are thinking of using a different passport.
- Tell your lawyer about problems early: if you are arrested, charged, or realise there was a mistake in an earlier application, it is usually better to deal with it openly than to hope it will not be noticed.
Doing these things will not guarantee ILR, but they reduce avoidable risks and put you in a stronger position when your application is considered.
Thinking ahead to citizenship
Many refugees and people with humanitarian protection hope eventually to become British citizens. The citizenship “good character” test is often stricter and looks back over a longer period than the test for ILR.
Decisions you make now can affect that future application, including:
- How any criminal matters are resolved and what evidence you have of rehabilitation.
- Whether any past use of false documents or different identities has been fully explained and corrected.
- How clearly your ongoing ties to the UK, and any continued risks abroad, are documented.
Planning the route as a whole – from protection, to ILR, to citizenship – can help avoid surprises later.
How we can help
We advise and represent people who already have refugee status or humanitarian protection and are planning their next steps. Clients often come to us with questions about how their journey to the UK, past applications or criminal record might affect an ILR application or a future citizenship application.
We can review your immigration history, identify any issues that may cause difficulty, and help you prepare an application that presents your position clearly and honestly. If you would like to discuss your situation, you can contact us to arrange an initial conversation about your options and the timing of your next application.