Updates to asylum rules in the UK could significantly change the conditions of stay for those seeking protection in the country. The government plans to make refugee status temporary and review grounds for residence more frequently than before, while the path to permanent status for certain categories of migrants could take up to 20 years. Learn more about the main provisions of the reform and its possible consequences
Legal assistance for Ukrainians in Ukraine and abroad
The British government is preparing a large-scale reform of the asylum system. As noted by Reuters, the key change is that refugee status will no longer be permanent, and decisions on permission to stay in the country will be reviewed every 2.5 years. The procedure for obtaining indefinite leave to remain (ILR) may also change, and for certain categories of asylum seekers, the path to ILR may take up to 20 years. Details are provided below.
Temporary status and review every 2.5 years
It is planned that a person who has been granted refugee status in the UK will not have an automatic guarantee of long-term residence.
According to the government’s approach:
– protection status will be temporary;
– it may be revoked if the country of origin is deemed safe;
– decisions will be reviewed every 2.5 years.
Thus, obtaining asylum will not mean a stable right to remain in the country.
Up to 20 years of waiting for permanent residence
The government plans to abolish the previous route whereby refugees could apply for Indefinite Leave to Remain (ILR) after 5 years. For certain categories, in particular those who arrived in the country illegally, the waiting period before being able to apply for ILR may be increased to 20 years.
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Social support is no longer automatically guaranteed
The reform provides for changes in access to state assistance.
Support will be available primarily to those who:
– are genuinely unable to work,
– comply with the law,
– integrate into the community and contribute to the economy.
Individuals who are able to work but do not do so, or who have assets, may lose their entitlement to social benefits and housing.
Denmark’s experience, new verification technologies and the situation of Ukrainians in the United Kingdom
According to government representatives, the model in Denmark, where refugee status is also temporary and regularly reviewed, has served as a partial guide. The United Kingdom is also considering the use of artificial intelligence technologies to determine the age of migrants, which has already drawn criticism from human rights activists.
As for Ukrainians, they are in the country under separate temporary protection programmes, not under the refugee system. At the same time, the government emphasises that the programmes are also limited in time, and there are no guarantees of long-term residence yet.
What does this mean for those planning to seek asylum?
The reform changes the logic of the system: instead of permanent protection, there will be periodic checks of the grounds for asylum. The consequences may be as follows:
– greater uncertainty about the future of applicants,
– a greater role for employment and integration,
– increased requirements for legal support.
Need legal advice on living in the UK?
Due to the planned changes, it is worth assessing your chances and risks in advance. If you are considering moving or extending your stay in the UK, Visit Ukraine specialists will help you understand the rules of asylum and temporary protection, prepare the necessary documents and provide recommendations for further action.
Reminder! Europe has seen a rapid increase in the number of Ukrainians receiving temporary protection, with this figure reaching a record high over the last two years. Which countries have accepted the most refugees and why the number of people leaving Ukraine is rapidly increasing again — we explain here.
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Frequantly
asked questions
Will refugee status in the UK now be temporary?
Yes. According to the government’s plans, refugee status will no longer be permanent. Protection decisions will be reviewed approximately every 2.5 years, and if the country of origin is deemed safe, the status may be revoked.
How many years will it be necessary to live in the UK to be eligible for Indefinite Leave to Remain (ILR)?
For some categories, especially those who entered the country illegally, the waiting period to apply for Indefinite Leave to Remain (ILR) may increase to 20 years. This is a significant change from the current 5-year rule.
Will social benefits and housing for refugees be cancelled?
Support will not disappear completely, but it will not be guaranteed automatically. The government plans to refuse benefits to those who are able to work or have financial resources. Preference will be given to those who integrate into communities and comply with the law.