New Asylum Reform Sets 30-Month Standard Temporary Protection for Refugees

Major Reform to UK Asylum System Effective Immediately – What You Need to Know

Mahmood has confirmed that successful asylum applicants will now be granted 30 months’ leave to remain in the UK before their case is reviewed. This will be effective immediately (02/03/2026).

If conditions in their country of origin are considered safe for them individually, they may face removal from the UK. If not, they may renew their protected status.

Previously, refugees who successfully applied for asylum or humanitarian protection typically received leave for 5 years in the UK, after which they were typically eligible for indefinite leave to remain. Under the new rules, ‘automatic’ settlement becomes temporary, reviewable protection.

The asylum system reform follows the plan outlined in the New Asylum & Returns Policy in November 2025.

What the New Rules Mean for New Refugees

Under the revised framework:

• Refugees will receive 30 months’ temporary protection
• Their status will be reviewed at the end of each 30-month period
• Protection may be withdrawn if their home country is deemed safe for them following a formal review
• Unaccompanied children will be exempt from the standard review cycle

Previously, most recognised refugees were granted five years’ leave to remain with a relatively clear path to Indefinite Leave to Remain (ILR). The new approach shifts refugee status from being settlement-focused to being conditional and temporary.

What the New Rules Mean for Those Already on UK Protected Status

Under the new rules, those already on protected status are not immediately affected in the following ways:

• Their existing grant of leave (typically 5 years) remains valid
• The Home Office cannot simply shorten leave that has already been granted without following formal legal processes.
• They are currently eligible to apply for ILR after 5 years, subject to the Immigration Rules in force at the time of application.

For this reason, it is generally advisable to apply for ILR as soon as you become eligible, especially as the new earned settlement rules are expected to increase settlement timelines for refugees.

How Long Until UK Settlement (ILR) If I Claim Asylum?

Claiming asylum will result in temporary protected status. If you are granted leave to remain following the expiry of temporary protected status, your total time in the UK would be 60 months (5 years). In this case, under current UK law, you could apply for Indefinite Leave to Remain. 

However, this is expected to change under the proposed earned settlement rules, which could mean:

• Standard route to settlement for those on protected status increases to a 20 year baseline

Penalty Timelines for Arriving Illegally/Claiming Public Funds/Overstaying

However, those who entered illegally or on visitor visas for example could face a long wait to settle if the proposed plans are written into law. This could mean:

• Up to + 5 years for receiving public funds for under 12 months or +10 years 12 months or more adds 10 years
• Potential up to 20 years if you entered illegally (by small boat, truck, clandestine) or came on a UK visitor visa
• 20+ years to timeline for overstaying leave for 6 months or more 

Those who arrived or arrive under certain resettlement timelines may qualify for a 10 year settlement baseline.

In practice, this means that illegal entrants and those who have breached immigration law could face a 15-30 year timeline. Immigration law in the UK is getting stricter. It is advised to reach out to an immigration lawyer to understand what the proposed timelines and the new asylum plans might mean for you. You can read about legal routes to UK asylum here.

The critical issue will be whether the government introduces transitional provisions that:

• Protect those already on a 5-year route to settlement; or
• Move them into the new temporary protection model at their extension stage.

This means that if a person is ineligible for ILR for any reason, or if the qualifying period for ILR is extended before they apply, any extension of leave may fall under the new 30-month review system.

Do You Need to Leave the UK After Five Years if Your Country is “Safe”?

If your country of origin is later considered safe while on temporary protected status your status may be reviewed and could be withdrawn. This may require you to return home and prevent renewal of their temporary leave.

“Safe” is not a term that is universally applied to all people and situations. Even if a war ends or political conditions improve generally, the country may not be safe for individuals. 

Protection depends on whether the specific person would still face persecution or serious harm because of a protected characteristic or belief such as their political opinion, religion, ethnicity, sexuality, or other Convention ground.

For refugee status to be withdrawn, the Home Office must consider whether there has been a durable and significant change in circumstances and whether the individual no longer has a well-founded fear of persecution. It is therefore not automatic, and individuals would have the opportunity to challenge a revocation decision. There are still barriers to removal:

• Revocation requires a cessation decision under the Refugee Convention
• The Home Office must show a durable, significant, and non-temporary change
• It is not automatic just because a country is generally “safer” or the threat of war has ended

However, refugees who arrive on temporary protection can also find other routes to remain in the UK, which could:

• Shorten their settlement timeline
• Give them more stability in the UK (not reliant on the situation in their home country)
• Allow them to contribute to the British economy and society

Can you Switch From Protected Status to Another Visa Category?

Switching from protected status to another visa category costs, and would mean paying the Immigration Health Surcharge (IHS) of £1035 a year (adult) for each year of your visa. The cost of switching visas would typically exceed £3500 for an adult, and £10,000 over a period of 10 years before you may be eligible for ILR. 

Beyond the cost though, it is absolutely possible for someone on protected status to qualify for a UK visa and switch, thus their status would no longer be tied to their situation in their own country. Instead it could be tied to:

• An employer who sponsors you to work for them 
• A British partner with citizenship or settled status

There are other routes that allow you to remain in the UK, but most do not lead directly to settlement (like work and family visas). For example, if you moved from temporary protected status to student visa status that would not permit you to stay in the UK for more than 2-3 years, would not lead to settlement, and you would need a worker visa or family visa to stay beyond that. 

Government Rationale

The Home Secretary has described the reforms as essential to restoring public confidence in border control and reducing the pull factors associated with irregular migration, particularly small boat crossings in the Channel.

The policy is partly influenced by European models, namely Denmark, where refugee protection is routinely reviewed rather than automatically converted into permanent residence.

Concerns Raised

However, the reforms have generated concern among some MPs, migration experts and refugee organisations. Critics argue that repeated reviews could:

• Increase administrative burdens on the Home Office
• Create prolonged uncertainty for refugees
• Make integration and stable employment more difficult
• Discourage long-term economic contribution

There are also questions about how quickly and fairly “country conditions” assessments can be made, and whether removal decisions will lead to increased appeals and litigation.

What Happens Next

The temporary protection model is now in force via changes to the Immigration Rules. Further reforms relating to settlement timeframes will follow through legislation later in the year.

As these developments continue, we will provide further updates on how the new framework operates in practice and what it means for individuals currently seeking asylum or holding refugee status in the UK.

How Can IAS Help?

IAS have a team of immigration advisers and caseworkers experienced in the field of UK immigration law. Regardless of where you’re coming from or what your chosen immigration pathway is, we can help you understand:

• What you qualify for
• Your bespoke timeline to settlement
• How to stabilise or secure your future in the UK
• How to plan your residency

We also offer fast-track and urgent application packages if you need to submit your application to a deadline. Don’t hesitate to reach out for help on your situation today. Call us on +44 (0)333 414 9244 or reach out to us online.

Other Asylum Advice Pages

• Iranian nationals stuck in the UK
• Syrian nationals stuck in the UK
• Switching visas in the UK
• Legal routes to UK asylum
• Humanitarian Protection
• Asylum Advice
• Earned Settlement Proposals