In a situation whereby an individual do not meet the criteria to be granted refugee status in the UK, but is in need of protection; he/she might be granted Humanitarian Protection. The Humanitarian protection is granted if the individual on his return to the country of return faces serious risk of life or person, which could arise from:
If you are in a situation where you are fleeing your country of nationality as a result of persecution, you may be able to seek Humanitarian Protection from the government of the United Kingdom.
Please note that this area of law is very complex and it is very important to seek legal advice if you want looking to proceed on this route. It is also important to inform you that public funding or what is known as legal aid is available for both asylum and humanitarian protection applications.
There is a significant difference between an asylum and a refugee protection. Even though, the definition of what a protection claim is revolves around a claim that acting to remove the claimant from the UK would be in breach of the UK’s obligation under the Refugee, other firms of protection include: -
Difference between Asylum and Humanitarian protection
Asylum has 5 conventional reasons. So you can only claim asylum on 5 grounds
Humanitarian protection is a claim where you don’t have a conventional reason but you can still nonetheless establish that there is a real risk of serious harm to your life of safety.
Essentially, they both mean the same thing, whereas one is specific the other is more generic. You cannot claim asylum if it is not under any of the conventional reasons (stated above) however, if you still need international protection, you can apply for protection on humanitarian basis.
More importantly, the Home Office considers them interchangeable.
If an application for humanitarian protection is granted, the applicant will normally be granted leave for 3 years. Having completed 5 years under humanitarian protection in the UK, you may qualify for settlement. It is important to note that settlement is not grated automatically just because you have spent 5 years, you will need to show that you continue to need humanitarian protection or can justify your grant of further leave.
If you require legal assistance on this matter, please contact one of our immigration solicitors today for a free consultation.