This type of leave is usually granted to asylum seekers who do not meet the criteria for receiving refugee status. To qualify, the applicant must generally demonstrate that they would face a real risk of serious harm if they were returned to their country of origin.
ELIGIBILITY REQUIREMENTS FOR HUMANITARIAN PROTECTION
To be eligible for Humanitarian protection, the applicant must meet the requirements listed below.
- If statelessness, the person must not be in the country of origin or the country of normal residence.
- Do not meet the definition of a refugee;
- If returned to their home country, they face a real risk of serious harm.
- Inability or unwillingness to obtain protection from state authorities in one’s home country;
- Not barred from receiving humanitarian assistance
Death penalty or execution, unlawful killing, torture or degrading treatment, serious and individual threat to a civilian’s life or person as a result of indiscriminate violence in situations of international or internal armed conflict are examples of serious harm. It is not necessary for a person to be at risk of serious harm because of their race, religion, or political beliefs, as is the case with asylum claims.
LEAVE & SETTLEMENT REQUIREMENTS
Humanitarian protection recipients will receive the same type of leave as refugees, which is a 5- year limited leave to remain with the ability to work, study, and access to the NHS and benefits. They will be able to apply for settlement at the end of 5 years if they meet all requirements, including no significant changes in their own or the country of their origin’s circumstances.
HUMANITARIAN AID & REFUGEE STATUS
Even though the Refugee status and Humanitarian Protection leave appear to be the same, there may be significant differences in people’s lives. Persons granted refugee status are regarded as ‘home students’ when attending UK universities. Those with Humanitarian protection, on the other hand, would be required to pay International student fees unless they have been ordinarily resident in the country for at least three years. Should the Home Office decide to revoke the leave, refugees have more layers of protection than humanitarians.
The Home Office would be required to notify the UN High Commissioner for Refugees and consider their views. In contrast to those granted humanitarian protection, who must travel in their own national passport or go through a rigorous application process with the UK government for a certificate of travel, refugees can apply for the conventional travel document, equivalent to a passport, to travel internationally.
WHAT CAN WE DO FOR YOU?
In complex asylum procedures, we have a wealth of knowledge and can advise claimants on how to gather the necessary evidence, conduct country-specific research, and prepare detailed legal submissions in support of the claim. We can assist you in retaining an expert to provide independent, country-specific evidence on the risks you are likely to face in your country of origin, as well as other relevant aspects of your claim, if necessary. We recognise that this can be a difficult and stressful time in your life. We take pride in being approachable, innovative, and always willing to go the extra mile to ensure that each and every one of our clients gets the individual attention they deserve. Our Immigration team has a strong reputation in the industry and is dedicated to providing clear, transparent, and reliable advice to all of its clients.