Humanitarian Protection UK

Overview

Humanitarian protection acts as an alternative form of international protection for individuals who are not eligible for refugee status but who still face significant risk of harm in their home country. 

The Refugee Convention defines a refugee as ‘a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it’. Eligibility for refugee status is therefore largely dependent on the threat of persecution in one’s home country. However, this definition does not encompass individuals at risk from armed conflict in their home country, creating the need for an additional category of protection: humanitarian protection. 

What are the eligibility criteria for humanitarian protection? 

In order to be eligible for humanitarian protection in the UK, you will need to demonstrate that you would face a real risk of serious harm if you were to return to your home country and that your home country is unable to protect you from that harm. Serious harm is understood in terms of the following categories: 

• Death penalty, unlawful killing, or execution 
• Torture or inhuman or degrading treatment or punishment 
• Serious threat to your life or person on account of ongoing armed conflict

If you would be at real risk of any of the above upon returning to your home country, you may be eligible for humanitarian protection.

However, you will only be eligible if you have never committed any of the following acts: 

• Participated in a war crime 
• Participated in a non-political crime prior to entering the UK
• Acted against the United Nations 
• Committed a particularly serious crime, meaning that you pose a danger to UK communities 
• Pose a security risk to the UK 

If you are already a refugee, you will not be eligible for humanitarian protection. Humanitarian protection is intended to offer protection to those who are not eligible for refugee status but would still face serious risk if they returned to their home country.

How to apply for humanitarian protection 

If you enter the UK as an asylum seeker who intends to apply for humanitarian protection, you should inform a border agent upon arrival. Alternatively, if you become eligible to apply for asylum after entering the UK, you can call the asylum registration appointment line. 

You will then need to attend an asylum screening where you will be asked details about your case.  In some cases, you may also be sent an asylum questionnaire to fill in, which you must make sure to submit by the stated deadline. 

In some cases, you may also be required to attend an asylum interview. This is separate from the initial screening which you will need to attend upon applying for asylum. At this interview, you will be asked about the risk which you face in your home country and why you are afraid to return. 

Once you have submitted all of the required evidence, your claim will be processed. You may be held at an immigration removal centre during this time. However, some individuals are exempt from detention while they wait for a decision, such as children, the elderly, and families with children. 

When your claim is processed, you will also be evaluated for refugee status. If you are ineligible for refugee status, you may still qualify for humanitarian protection. Whether you are granted refugee status or humanitarian protection, you will generally be given permission to stay in the UK for at least 5 years, after which point you can apply for permanent settlement, known in the UK as ‘indefinite leave to remain’. 

Which documents will I require for UK humanitarian protection? 

There are a number of documents which you will be expected to provide when applying for humanitarian protection in the UK. This includes: 

• Passport (and any other travel documents) 
• Birth certificate (and any other forms of ID or family records which might be relevant) 
• Evidence which demonstrates that you would face a real risk of serious harm upon return to your home country 

In cases where you are unable to provide all of the required evidence, make sure to provide as much evidence to support your case as you can and to provide explanations for the missing documents. Failure to provide sufficient evidence of your circumstances will likely lead to an unsuccessful asylum application.

Who can join me in the UK if I have humanitarian protection? 

If your partner and dependant children are with you in the UK, you can include them as part of your asylum application. If you are successfully granted humanitarian protection, they will generally be granted permission to stay in the UK for the same duration of time as you. 

If they remain living in the UK for at least 5 years, your family may also be eligible for permanent settlement (known in the UK as ‘indefinite leave to remain’) and British citizenship later down the line.

What rights will I have if I obtain UK humanitarian protection? 

If you obtain humanitarian protection in the UK, you will gain a number of rights. This includes the right to access welfare benefits, the right to live, study, and work in the UK, and the right to access the national health service (NHS). 

If you have humanitarian protection, you will also be eligible to apply for a refugee integration loan. This is a loan which is intended to help you establish yourself in the UK, which can be used to pay for things like rent, household items, and education or training. In order to be eligible, you will need to be either a refugee or have humanitarian protection or be the dependant of someone in either of those categories, and be over 18 years of age. The loan amount will be between £100 and £500 if you are applying by yourself and between £100 and £780 if you area applying with your partner. However, there are certain limits on how you can spend the loan; you cannot use it to pay off debts or pay for family members to join you in the UK, for example. 

While you are in the process of applying for asylum in the UK, there are also public funds which you can access. This allows you to support yourself and your family before you are authorised to work in the UK.

How can IAS help? 

Humanitarian protection is a form of international protection for those who are not eligible for refugee status but who would still face a real risk of harm upon returning to their home country. In cases where individuals are fleeing armed conflict, humanitarian protection is generally the best choice. If you enter the UK as an asylum seeker but are unsuccessful in obtaining refugee status, you may still be eligible for humanitarian protection.

However, there are numerous conditions surrounding humanitarian protection and it can be difficult to know if it is the right route for you. The UK’s immigration rules are often complicated and are subject to change. At IAS, our immigration experts can advise you on which route is most suited to your circumstances and guide you through every step of the process. Contact us today on +44 (0)333 414 9244 to learn more.