The Home Office updated its caseworker guidance on 14 April 2026, adding a separate guide for asylum claims lodged on or after 2 March 2026 and limiting the existing guide to earlier claims.
Key facts
- Who: People who have claimed asylum or lodged further submissions, those granted refugee status or humanitarian protection, and their dependants
- From: 14 April 2026 (guidance updated)
- Source: Permission to stay on a protection route: caseworker guidance
The Home Office has updated its guidance for staff on permission to stay (previously called leave to remain) for people granted refugee status or humanitarian protection under Part 11 of the Immigration Rules. The update reflects changes to paragraphs 339QA and 339QB of the Immigration Rules and the introduction of new paragraphs 339QAA and 339QBA.
The guidance is now in two parts, depending on when the asylum claim or further submissions were lodged.
The existing guide, now at version 3.0, applies to claims and further submissions lodged on or after 28 June 2022 and before 2 March 2026. Under paragraphs 339QA and 339QB, those granted refugee status or humanitarian protection on such claims normally receive an initial 5 years' permission to stay. It includes the right to work, recourse to public funds and the opportunity to apply for a refugee integration loan.
A new guide, version 1.0, covers claims and further submissions lodged on or after 2 March 2026. Permission to stay for those granted refugee status is dealt with under paragraph 339QAA, and for those granted humanitarian protection under paragraph 339QBA. The guidance names 26 March 2026 as the commencement date for the associated changes to Part 11 of the Immigration Rules.
Transitional arrangements
Some people tried to register a claim before 2 March 2026 but were given an appointment on or after that date. They are treated as having claimed before 2 March 2026, but only if they attend the appointment, or a rescheduled one where the Home Office cancelled or moved it.
If a person misses the appointment and registers later, they are not treated as having claimed before the cut-off unless:
- circumstances beyond their control made attending impossible;
- they contacted the Home Office as soon as reasonably practicable to explain and ask for a new appointment; and
- they gave the Home Office evidence of their inability to attend as soon as reasonably practicable.
In those cases the new guide applies to their claim.
Under the earlier guide
The earlier guide also covers further permission to stay. Anyone applying for it is subject to a safe return review, based on the country situation when the application is considered. Longer permission, including indefinite permission, is granted only in the most exceptional circumstances and needs specific evidence. A person who does not apply before permission expires becomes an overstayer, though the guide lists reasons for a late application that caseworkers should explore, such as lack of legal advice, illness or destitution.
What this means for people claiming asylum and their dependants
The date an asylum claim or further submission was lodged now decides which guide caseworkers use. The appointment date and any missed appointment can affect which guide applies, so keep records of appointment letters and of any reason for missing one.
Anyone with permission to stay on a protection route should note its expiry date. A late application for further permission can leave a person without the right to work, so it is sensible to get legal advice well before any deadline.
Sources
- Home Office (UK Visas and Immigration), Permission to stay on a protection route: caseworker guidance, updated 14 April 2026