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Humanitarian Protection
This grant of leave is normally given to asylum seekers who do not meet the criteria for a grant of refugee status. In order to qualify, the applicant must therefore generally establish that they would face a real risk of serious harm if returned to their country of origin.
Humanitarian Protection Eligibility Requirements
In order to qualify for Humanitarian protection, the applicant must satisfy the below requirements.
- Must not be in the country of origin or country of normal residence if stalesess;
- Do not qualify as a refugee;
- Face a real risk of suffering serious harm if returned to home country;
- Unable or unwilling to get protection from state authorities in home country;
- Not excluded from a grant of Humanitarian protection
The serious harm may consist of death penalty or rexcution, unlawful killin, torture or degrading treatment, serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.It is not necessary for a person to be at risk of serious harm for a specific reason such as their race, religion, or political opinion as is the case for asylum claims.
Conditions of Leave & Settlement
The grant of Humanitarian protection will receive identical grant of leave as that of a refugee, which is 5 years limited leave to remain and is allowed to work, study and access to NHS and benefits. They will be able to apply for settlement at the end of 5 years provided they meet all requirements, in particular no significant changes in their circumstances and those of the country of their origin.
Refugee Status & Humanitarian Protection
The Refugee status and Humanitarian Protection leave, even though looks identical, may have various practical differences in lives. Persons granted with Refugee leave are considered as ‘home students’ for studying at UK Universities. However, those with Humanitarian protection would have to pay International student fees, unless they are ordinarily resident for at least 3 years. Refugee status has better layers of protection as compared to Humanitarian protection, should the Home Office decide to revoke the leave. The Home Office would have to notify the UN High Commissioner for Refugees and take their views into consideration. Refugees can apply for the conventional travel document, equivalent to a passport to travel internationally as opposed to those granted with Humanitarian protection, who would have to travel in their own national passport or go through a rigorous application process with the UK government for a certificate of travel.
How can we assist?
Our Immigration Lawyers at City Legal are highly experienced in complex asylum procedures and can advise claimants on collating necessary evidence, conduct country-specific research and prepare detailed legal submissions in support of the claim. We can assist in instructing an expert to provide independent, country-specific evidence on the risks you are likely to face in your country of origin or other relevant aspects of your claim. We understand that this can be a difficult and stressful experience. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions
Refusal of an asylum claim carries a right of appeal to the First Tier Tribunal. The time limit for lodging an appeal is 14 days from the date of the decision. If there has been a material change in applicant’s circumstances, which has not been considered belore, it is possible to make a fresh claim application.
The eligibility for legal aid depends on an individual’s circumstances and applicants may check their eligibility here. Most asylum claims and appeals come under the scope of legal aid. We are a private fee paying firm and do not undertake legal aid work. The list of legal aid providers can be seen here.
The dependant family members like spouse, partner or children under the age of 18 years may apply to join the refugee migrant who has been granted asylum in the UK. The family members can apply under family reunion if they were part of the family before the refugee migrant left the home country or under spouse visa route, if the relationship formed later.
The applicants are not normally allowed to work while waiting for a decision on the asylum claim unless permission already existed as part of another leave from before. The applicants may however request the home office for permission to work, if no decision has been made on the claim for 12 months or more.
The applicant must satisfy the Home Office that they have made a reasonable attempt to apply for a national passport from their home country and they have been unreasonably refused one by the government of their home country. In such exceptional circumstances, a Certificate of Travel can be applied.