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<div data-wrapper="true" style="font-size: 12px; font-family: &quot;Segoe UI&quot;, &quot;Helvetica Neue&quot;, sans-serif"><p>There are three types of status that the Home Office may grant:</p>

<h3>1. Refugee status</h3>

<p>This means that the Home Office has decided that you meet the definition of a refugee under the Refugee Convention.</p>
<p>You will initially have the right to stay in the UK for a five-year period. Current immigration policy states that after this period you can apply for ‘indefinite leave to remain’. This would allow you to remain in the UK permanently.</p>
<p>However, if you or any of your dependants are convicted of a criminal offence this may be refused.</p>

<h3>2. Humanitarian protection</h3>
<p>This means that the Home Office has decided that you do not meet the criteria for refugee status, but it accepts that there are grounds to believe that you would face a real risk of suffering serious harm if you returned to your country of origin.</p>

<p>This could be because of:</p>
<ul>
<li>The death penalty / execution</li>
<li>Unlawful killing</li>
<li>Torture</li>
<li>Inhuman and degrading treatment</li>
<li>Punishment or a serious and individual threat to a life due to indiscriminate violence in situations of international or internal armed conflict</li>
</ul>

<p>You will have the right to stay in the UK for a five-year period. Current immigration policy states that after this period you can apply for ‘indefinite leave to remain’. This would allow you to remain in the UK permanently.</p>

<h3>3. Discretionary leave to remain</h3>

<p>This means that the Home Office has decided that you do not meet the criteria for refugee status or humanitarian protection, but it accepts that there are exceptional reasons for allowing you to stay on a temporary basis.</p>
<p>This usually means that you will be given a maximum of two and a half years (30 months) to stay in the UK. You will be able to apply to extend your leave. After ten years in the UK you can apply for ‘indefinite leave to remain’. This would allow you to remain in the UK permanently.</p>

<h3>Can I appeal if I have not been granted refugee status?</h3>

<p>If you are granted humanitarian protection or discretionary leave to remain for more than 12 months, but you believe that you had strong grounds for refugee status, you can appeal against the Home Office decision. This is called an upgrade appeal. You will need to discuss this with your legal representative. You will be granted refugee status if your appeal is successful.</p>

<h3>What happens when my leave is due to expire?</h3>

<p>You will need to submit a further application to the Home Office towards the end of your leave to remain period. This can only be done 28 days prior to your leave to remain running out.</p>
<p>It is important that this is done on time. If the Home Office has not made a decision on your application prior to your current leave expiring, then you will maintain the same status. If your application is received by the Home Office after your leave to remain has expired, then you may potentially become illegally settled in the UK. This means that you lose some rights, such as your right to work and claim benefits. If this happens, you will need to obtain urgent legal advice. Information on this is available on the Home Office’s immigration website.</p>
<p>If you have discretionary leave to remain, you will need to apply for further periods of ‘further leave to remain/stay’. You will be granted further leave as long as you continue to qualify for it under the policy. You will need to do this until you have had leave for a total of 10 years. Information can be found on the <a href="https://www.gov.uk/browse/visas-immigration" target="_blank">Home Office website</a> regarding applying for further leave to stay.</p>
<p>After 10 years you will be able to apply for indefinite leave to remain. If your application is successful, there is no further time limit on your right to stay in the UK.</p>
<p>It is important to keep up to date with any changes to immigration policies that may change over time. You can do this by reviewing the <a href="http://www.gov.uk/browse/visas-immigration" target="_blank">Home Office website</a>.</p>

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