Home Office caseworker guidance now has a separate guide for protection permission to stay on asylum claims lodged on or after 2 March 2026, with the earlier guide limited to claims before that date.
Key facts
- Who: People granted refugee status or humanitarian protection under Part 11 of the Immigration Rules, and their dependants, after an asylum claim or further submissions lodged on or after 2 March 2026
- From: 26 March 2026 (the commencement date the new guide gives for the associated Part 11 changes); the guidance was updated on 14 April 2026
- Source: Permission to stay on a protection route: caseworker guidance
Version 3.0 of the earlier guide, previously titled for claims lodged on or after 28 June 2022, now covers claims lodged on or after 28 June 2022 and before 2 March 2026.
UK Visas and Immigration updated its caseworker guidance on 14 April 2026. The update adds a new guide, version 1.0, for decision-makers handling permission to stay (previously called leave to remain) for people granted refugee status or humanitarian protection. It applies to asylum claims and further submissions lodged on or after 2 March 2026.
The new guide reflects changes to paragraphs 339QA and 339QB of the Immigration Rules and the introduction of paragraphs 339QAA and 339QBA. Under the guide, a person granted refugee status after a claim lodged on or after 2 March 2026 receives permission to stay under paragraph 339QAA. A person granted humanitarian protection receives it under paragraph 339QBA. The guide says it sets out the type and duration of that permission. It gives 26 March 2026 as the commencement date for the associated changes to Part 11.
The earlier guide was revised to version 3.0 to match. It now applies only to claims and further submissions lodged on or after 28 June 2022 and before 2 March 2026. For those claims, the guidance says permission to stay is granted under paragraph 339QA (refugee status) or 339QB (humanitarian protection). It is valid for a minimum of 5 years and includes the right to work and recourse to public funds.
Both guides contain the same transitional arrangement. Someone who sought to register a claim or lodge further submissions before 2 March 2026, but was given an appointment on or after that date, is treated as having claimed before 2 March 2026. This applies only if they attend the appointment, or the rescheduled one if the Home Office cancelled or moved it.
If they miss the appointment, they are treated as having claimed before 2 March 2026 only if all three of the following apply:
- circumstances beyond their control made attendance impossible
- they contacted the Home Office as soon as reasonably practicable to explain and ask for a new appointment
- they provided evidence of why they could not attend as soon as reasonably practicable
Otherwise, the new guide applies to their claim.
What this means for applicants
The date of the asylum claim or further submissions decides which guide a caseworker applies. Claims lodged before 2 March 2026 stay under the guide that provides a minimum of 5 years' permission to stay. Claims lodged on or after that date are decided under paragraphs 339QAA and 339QBA and the new guide.
Someone who tried to register a claim before 2 March 2026 but was given an appointment on or after that date keeps the earlier treatment if they attend the appointment. If they miss it, the earlier treatment applies only if all three conditions are met: circumstances beyond their control made attendance impossible, they contacted the Home Office as soon as reasonably practicable to explain and ask for a new appointment, and they provided evidence of why they could not attend as soon as reasonably practicable. If any one is not met, the new guide applies to their claim.
Sources
- Permission to stay on a protection route: caseworker guidance, UK Visas and Immigration, updated 14 April 2026