Section 67 of the Immigration Act 2016 Leave – A Comprehensive Legal Guide

The Section 67 of the Immigration Act 2016—often referred to as the “Dubs Amendment”—was enacted to ensure that the UK plays its part in protecting unaccompanied refugee children stranded in Europe. The scheme allows a specified number of such children to be transferred to the UK and granted immigration status, support, and protection.

As of 11 November 2025, the Home Office has published version 7.0 of the Section 67 leave guidance for its caseworkers, updating it in line with recent changes to the Immigration Rules Part Suitability (which replaced the former General Grounds for Refusal). This update outlines the current process for granting, maintaining, and settling Section 67 leave.

This article provides a clear breakdown of the Home Office guidance, the relevant legal framework, and the requirements for indefinite leave to remain (ILR) under Section 67 of the Immigration Act 2016.

What Is Section 67 Leave?

Section 67 leave is a unique form of immigration status granted to unaccompanied refugee children who have been relocated to the UK under Section 67 of the Immigration Act 2016.

This provision was introduced after Lord Dubs’ successful amendment, requiring the UK Government to relocate and support a specified number of unaccompanied children from Europe, separate from other resettlement schemes such as the Vulnerable Persons Resettlement Scheme.

Policy Intention

The primary purpose of Section 67 leave is to:

• Provide long-term security and support for unaccompanied children relocated to the UK;
• Fulfil the Government’s humanitarian and statutory duties under Section 67;
• Ensure access to education, healthcare, and welfare provisions under UK law.

Who Is Eligible for Section 67 Leave?

Section 67 leave applies to:

• Unaccompanied refugee children transferred to the UK under Section 67 arrangements;
• Dependants (children) of those granted Section 67 leave under paragraph 352ZO of the Immigration Rules.

Eligibility is determined by the Home Office upon transfer to the UK and supported by local authority involvement under the Children Act 1989 and other UK child welfare laws.

Grant of Section 67 Leave

• Since 1 October 2019, children transferred under Section 67 are granted Section 67 leave automatically upon arrival in the UK, following a short application process.
• This provides five years of continuous leave, with recourse to public funds, permission to work and study, and exemption from the Immigration Health Surcharge (IHS).
• Children transferred before 1 October 2019 can also apply for Section 67 leave if they were not previously granted refugee status.

Relationship Between Section 67 Leave and Asylum

Receiving Section 67 leave does not prevent a child from claiming asylum. If a child chooses to make an asylum claim, they will:

• Retain their Section 67 leave while the asylum claim is being processed;
• Be assessed under Part 11 of the Immigration Rules (paragraphs 326A to 352H);
• Receive refugee status or humanitarian protection if their claim is successful.

Relevant Legislation and Legal Framework

The processing of Section 67 leave applications is governed by both domestic and international law, including:

• Section 67 of the Immigration Act 2016 – statutory duty to relocate and support unaccompanied refugee children.
• Part 11 of the Immigration Rules – asylum-related provisions (paragraphs 352ZH to 352ZS cover Section 67 leave).
• Part Suitability of the Immigration Rules – sets out grounds for refusal and cancellation.
• The 1951 Refugee Convention and 1967 Protocol – international refugee protection framework.
• The UN Convention on the Rights of the Child (UNCRC) – ensuring children’s rights are safeguarded.
• Section 55 of the Borders, Citizenship and Immigration Act 2009 – statutory duty to safeguard and promote the welfare of children.
• Children Act 1989 (England) and equivalent legislation in Scotland, Wales, and Northern Ireland – defining local authority duties toward children in care.

Assessing Asylum Claims for Section 67 Children

When a child transferred under Section 67 chooses to claim asylum, the Home Office must follow the Children’s Asylum Claims guidance and the best interests of the child principle.

Decision-makers must:

• Consider the child’s age, maturity, and background when assessing credibility;
• Obtain relevant Country of Origin Information (COI);
• Liaise with local authorities and social workers;
• Follow trauma-informed and safeguarding principles during the process.

If the asylum claim is successful, refugee status or humanitarian protection is granted. If not, the child retains Section 67 leave for the full five-year period.

Dependants of Section 67 Beneficiaries

Under paragraph 352ZO of the Immigration Rules, a dependent child of a person granted Section 67 leave can be granted “leave in line”, meaning they will receive the same duration of leave as the main applicant, provided that:

• They are under 18;
• The sponsor has parental responsibility;
• The exclusion criteria under paragraph 352ZP do not apply.

Appeal Rights

• Decisions to refuse asylum or humanitarian protection carry rights of appeal under the Nationality, Immigration and Asylum Act 2002.
• However, refusal to grant Section 67 leave or indefinite leave under this route is not appealable and cannot be reviewed through an administrative review.
• Such refusals may only be challenged by way of Judicial Review.

Applying for Indefinite Leave to Remain (ILR) under Section 67

After five continuous years of Section 67 leave, the individual becomes eligible to apply for indefinite leave to remain (ILR).

Key Points:

• The application must be made using Form SET (P) (Settlement Protection).
• There is no Home Office fee payable for this application.
• Applicants must not fall for refusal under the Part Suitability rules.

Requirements for ILR under Paragraphs 352ZL–352ZM

Under paragraph 352ZL of the Immigration Rules, ILR may be granted if:

1. The applicant has held Section 67 leave or related protection-based leave for a continuous period of five years;
2. Their biometric immigration document has not been revoked;
3. They continue to meet the requirements of paragraph 352ZH; and
4. They do not fall for refusal under the suitability provisions.

Suitability and Criminality Considerations

Before granting ILR under Section 67, the Home Office must consider whether the applicant meets the suitability requirements.
An applicant must not fall for refusal under the following paragraphs of Part Suitability:

SUI 2.1(c), SUI 3.1, SUI 4.1, SUI 5.1, SUI 5.3, SUI 9.1, SUI 10.1, SUI 11.1–11.4, SUI 14.1, SUI 16.1, SUI 17.1, or SUI 18.1

These include grounds such as:

• Criminal convictions or persistent offending;
• Deception or false representations;
• Threats to public order, safety, or national security.

If criminal charges are pending, the Home Office will place the application on hold until the outcome of the prosecution is known.

Dependants and ILR

Dependent children of those granted ILR under Section 67 can also be granted indefinite leave to remain in line, provided that:

• They remain under 18; and
• The main applicant has parental responsibility and continues to meet the suitability requirements.

Travel Documents and Student Finance

• Recipients of Section 67 leave may apply for a Home Office Travel Document, depending on their status.
• To access student finance, applicants must meet a three-year UK residency requirement.

Judicial Review and Legal Assistance

Where an application for Section 67 leave or ILR is refused, and there is no right of appeal, individuals may challenge the decision by way of Judicial Review in the Upper Tribunal or Administrative Court.

Legal advice should always be sought promptly to assess the lawfulness of the refusal and the prospects of success.

Conclusion

The Section 67 of the Immigration Act 2016 leave represents a vital safeguard for unaccompanied refugee children relocated to the UK. It ensures they receive long-term protection, access to education and welfare, and eventually a pathway to indefinite leave to remain after five years.

Given the complex interplay between asylum, child protection, and immigration law, applicants and their representatives must ensure that all eligibility and suitability requirements are met, especially when applying for ILR.

If you or your client require professional assistance with a Section 67 leave application, asylum claim, or indefinite leave to remain under this route, contact our expert UK immigration solicitors today for detailed legal advice and representation.