Do you intend to apply for refugee status in the UK? The United Kingdom offers asylum to individuals who are truly in need because it is a country that values human rights. The procedure to apply for humanitarian protection UK is complicated and there are strict standards, so not every individual manages to get the required paperwork.
It is crucial to fully comprehend the prerequisites, eligibility requirements, and processing schedules beforehand in order to increase your chances of success. To successfully navigate this intricate process, one must be well-prepared and knowledgeable.
Rees Clayton’s immigration lawyers can provide you with the advice and assistance you need to make a successful human rights application. Call us at 02033939272.
Those who are not eligible to be considered refugees but who face a significant danger of persecution or injury if they return to their native country can be given humanitarian protection immigration status in the UK. For those who do not quite fit the UN Convention Relating to the Status of Refugees’ strict specifications, it is one method the UK government provides for safety.
In April 2003, the Exceptional Leave to Remain provision was replaced with humanitarian protection. Articles 15–19 of the Qualification Directive (2004/83/EC) outline subsidiary protections, and the Immigration Rules and our humanitarian protection policy mirrored these rules while the UK was a member of the EU. People who do not meet the criteria for refugee status might nonetheless get international protection under humanitarian protection programs. It addresses cases when a person’s return to their home country might put them in serious risk, but they do not qualify as refugees due to the lack of persecution that the Refugee Convention addresses.
It is standard practice to conduct a safe return evaluation whenever an individual seeking humanitarian protection requests an extension of that authorisation. If their situation changes to the point that they no longer require protection, their humanitarian status will be removed, and they will no longer be eligible for additional extensions. Depending on the situation, individuals may have to seek alternative forms of residency or leave the UK altogether. The possibility of criminal activity means that all individuals granted humanitarian refuge may have their cases evaluated. If humanitarian protection is no longer available, authorisation to remain may be limited or terminated.
If a person needs protection for reasons not addressed by the Refugee Convention, they may be eligible for humanitarian protection and the right to remain in the United Kingdom. This is the policy objective of the humanitarian protection route.
The main objective of the Humanitarian Visa UK Policy is to:
A humanitarian visa applicant from the UK must be able to prove that they are in imminent danger in order to get one of these visas. In order to qualify for humanitarian protection, you need to show that returning to your native country would put your life or person in imminent danger. Such a risk may arise as a result of war, widespread brutality, torture, cruel or humiliating treatment, or some other grave danger to your well-being.
You are not eligible to be considered a refugee according to the UN Convention on the Status of Refugees. Even if you do not meet the formal requirements for refugee status, the danger you face necessitates that you be protected.
The UK does not consider you to be a security threat. You could not qualify for humanitarian protection if you’re thought to pose a danger to the country’s security.
When a person’s situation does not meet the criteria for refugee status but still necessitates protection, this status is usually given. Please be informed that humanitarian protection is typically provided for a limited term and may be reviewed at a later date.
A humanitarian protection UK visa grants entry to the United Kingdom, along with the ability to remain, receive aid, and use specific services. As the individual’s situation evolves and the evaluation by immigration authorities is made, this sort of temporary protection might progress to further immigration statuses like refugee status or indefinite leave to remain (ILR).
Because immigration rules and processes are subject to change, it is important to seek the advice of solicitors in order to obtain the most current information and recommendations on humanitarian protection.
People who seek refuge from persecution, violence, or serious threats in their native countries can apply for international protection under the refugee or humanitarian protection statuses. Nonetheless, there are significant distinctions between the two:
Usually, one must apply to the Home Office in order to seek humanitarian protection in the United Kingdom. You may be asked to provide proof of the dangers you face back home and the reasons you do not meet the criteria for refugee status as part of the application procedure.
In order to prove the actual danger you would confront upon returning to your home country, it is essential to offer as much proof as possible. Information on the country of origin, medical records, statements from witnesses, and any other pertinent paperwork may be included in this.
If the applicant is found guilty of a crime against peace, a war crime, or a crime against humanity, or if there are substantial reasons to believe they pose a threat to public safety or UK national security, then humanitarian protection can be denied by the Secretary of State.
It is strongly recommended that you consult with an immigration solicitor who focuses on asylum and protection matters due to the complexity of the immigration procedures.
Businesses and individuals can rely on Rees Clayton for comprehensive legal assistance in all immigration-related matters, including but not limited to visa applications, asylum requests, humanitarian protection, and more. People can get help from our competent solicitors while they are filing petitions for humanitarian protection or asylum. Their services can be invaluable as you navigate the application process, collect nthe ecessary evidence, and have someone represent you in interviews and hearings.
Typically, a three-year leave is granted to applicants who apply for humanitarian protection. After five years of being protected under humanitarian laws in the UK, the applicant may be eligible for permanent residency. The applicant must demonstrate that they still require humanitarian protection or provide justification for the grant of additional leave before settlement can be granted, even after five years.
Typically, a three-year leave is granted to applicants who apply for humanitarian protection. After five years of being protected under humanitarian laws in the UK, the applicant may be eligible for permanent residency. The applicant must demonstrate that they still require humanitarian protection or provide justification for the grant of additional leave before settlement can be granted, even after five years.
The following options are available to applicants whose applications are rejected:
In most cases, the home office will provide an IAFT-5 form with a denial letter so that the recipient can file an appeal with the First-tier Tribunal.
If the applicant believes that the UK’s removal of the appellant will violate the country’s “obligation under the refugee convention,” they have the right to file an appeal.
If the First-tier Tribunal’s decision is not favourable, the next level of appeal is the Upper Tribunal. In this instance, the approval of the lower-tier tribunal is required before the appeal can be pursued, and the main grounds for success should be a so-called “error of law.”
A case can go through many levels of appeals, including the first-tier Tribunal, the upper-tier Tribunal, the appeals court, and finally, the Supreme Court. Throughout the appeals process, our seasoned immigration attorneys will be there to help you.
A new claim differs from previously evaluated materials in a manner that does not cover the new information. The content offered a reasonable chance of success in overcoming its rejection, in contrast to the last one.
After all appeal rights have been exhausted and the humanitarian protection application UK claim is declined, a new claim is launched. The applicant will be granted humanitarian protection in the UK whenever the Home Office decides that the new application constitutes a fresh claim.
However, you have the option to file an appeal in the event that the new claim is rejected.
Feel free to get in touch with Rees Clayton’s seasoned immigration attorneys for additional assistance.
Humanitarian protection UK is a type of immigration status granted to individuals who face a real risk of serious harm or persecution in their home country but do not qualify as refugees under the United Nations Convention Relating to the Status of Refugees. It is designed to offer international protection where the strict criteria for refugee status are not met.
The main differences between refugee status and humanitarian protection include:
To qualify for humanitarian protection, you must demonstrate:
A safe return review is conducted when an individual with humanitarian protection applies to extend their stay in the UK. Immigration authorities assess whether the individual still requires protection. Suppose the conditions in the individual’s home country have improved. In that case, their humanitarian protection status may be revoked, and they will need to apply to stay on another basis or leave the UK.
If your status is revoked because you no longer need protection or due to criminal activity, you may:
Humanitarian protection is typically granted for 3 years. After spending 5 years under this status in the UK, you may apply for settlement (Indefinite Leave to Remain). However, you must demonstrate that you still require protection or meet other eligibility criteria for settlement.
To apply, you need to submit an application to the Home Office, providing evidence that demonstrates the risks you face in your home country. Supporting documents may include:
Yes, if your application for humanitarian protection is refused, you can:
A fresh claim is a new submission made after all previous appeal rights have been exhausted. It must include new evidence or arguments that were not considered before and create a realistic prospect of success. If the Home Office accepts the fresh claim, you may be granted humanitarian protection.
Yes, your status may be revoked if:
In such cases, your permission to stay may be curtailed, and deportation proceedings could be initiated.
