Prior to 2 March 2026, individuals granted refugee status or humanitarian protection were typically given five years’ leave to remain, with a clear route to settlement.
Under the updated Immigration Rules:
The only individuals who will continue to receive five years’ leave are unaccompanied asylum-seeking children (UASC) who are under 18 at the time a decision is made.
However, this protection is limited:
This means that where a parent’s claim, or a child’s individual claim, is lodged on or after 2 March 2026, the child will generally be granted 30 months’ leave in line with the parent’s status. If the parent’s claim was lodged prior to 2 March 2026 but a separate claim for the child was lodged after this date, then the child would be granted 5 years permission to stay, in line with their parent’s leave.
This creates a more complex and, in many cases, less favourable position for families.
At the end of the 30-month period, individuals may apply to extend their stay. However, the framework for doing so is unclear and introduces a new level of uncertainty.
The Immigration Rules do not set out clear conditions for extending protection status.
Current Home Office guidance indicates that:
Crucially, this shifts the burden onto the applicant.
If an applicant would like to obtain a longer period of permission to stay, then they can either request this at the outset of their initial application or apply to renew their permission no earlier than 28 days before their leave is due to expire.
The Home Office has not issued a clear procedure for how refugees will renew their protection status. Given that the earliest date the Home Office could expect renewal applications to be made is 3rd September 2029, it is possible that a specified renewal route may be introduced in the future for those looking to extend their protection status. However, currently there is no separate extension route for refugees granted with the reduced period of protection leave.
Applicants must therefore rely on alternative applications such as:
The maximum period of leave normally granted under these FLR applications is a further 30 months. Where applicants are granted the full period, they may only need to renew their protection status once before becoming eligible to apply for settlement. However, where shorter periods of leave are granted, multiple applications may be required before individuals reach the minimum period of stay to apply for indefinite leave to remain.
Importantly:
Applications can only be made within 28 days of leave expiring.
Failure to apply in time may result in:
It is important for all prospective applicants to seek legal advice before their protection status expires to ensure that their personal circumstances are properly considered when submitting their application.
Given the complexity and risks involved, early legal advice is essential.
The reduction in leave also has significant implications for settlement.
Currently, individuals granted Refugee Status or Humanitarian Protection status may apply for Indefinite Leave to Remain (ILR) under the Settlement Protection route.
To qualify:
With leave granted in 30-month periods:
The updated Rules now formally require decision-makers to conduct a ‘safe return review’ when assessing settlement protection applications. While this assessment has historically been carried out in practice, it had not been consolidated into the Immigration Rules until now.
This means:
Even after several years in the UK, settlement is no longer assured.
These changes align with proposals set out in the Home Office’s November 2025 consultation, A Fairer Pathway to Settlement.
The consultation outlines proposals by the UK government to significantly reform the pathway to settlement for migrants, including those granted protection status. While these proposals are not yet law, they clearly signal a move towards a more restrictive and conditional system.
For individuals with refugee status, the government has indicated that it may:
If implemented alongside the reduced 30-month period of leave, individuals may need to make at least eight separate protection renewal applications before becoming eligible for ILR.
This assumes that applicants are granted a further 30 months’ leave each time they renew their status. Where shorter periods are granted, even more applications may be required. For UASCs granted five years’ leave, another seven applications may still be necessary before becoming eligible for ILR.
Currently, settlement protection applications do not attract an application fee and remain within scope for legal aid. Although the consultation paper does not propose introducing application fees at this stage, this remains a possibility in future reforms.
The changes introduced under HC 1691 fundamentally reshape the UK’s protection framework.
Refugee status and humanitarian protection no longer provide the long-term stability they once did. Instead, individuals face shorter periods of leave, unclear renewal pathways, and increased scrutiny when seeking to remain in the UK.
In this evolving legal landscape, obtaining specialist legal advice at the earliest opportunity will be essential to protecting lawful status and securing the strongest possible pathway towards long-term residence in the UK.