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 stateless;
- 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
Humanitarian protection will be awarded the same five-year limited leave as a refugee, which includes the opportunity to work, study, and access to the NHS and benefits. If they meet all requirements, including no major changes in their personal circumstances or those of their native country, they will be entitled to apply for settlement after 5 years.
Conditions of Leave & Settlement
Humanitarian protection will be granted the same leave as a refugee, which is a five-year limited leave to remain with the ability to work, study, and access to the NHS and benefits. They will be eligible to apply for settlement after 5 years if they meet all requirements, including no major changes in their personal circumstances or those of their home country.
Refugee Status & Humanitarian Protection
Even while the refugee status and humanitarian protection leave appear to be the same, they may have different practical implications in people’s lives. For the purposes of studying at UK universities, those given refugee status are referred to as “home students.” That granted humanitarian protection, on the other hand, would be required to pay international student fees unless they have lived in the country for at least three years. Should the Home Office decide to cancel the leave, refugee status offers more levels of protection than humanitarian protection. The Home Office would be required to notify the UN High Commissioner for Refugees and consider their opinions. 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 a conventional travel document, which is equivalent to a passport, to travel internationally.