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Humanitarian Protection

lexenlaw.co.uk > Humanitarian Protection

Humanitarian Protection in the UK

Humanitarian Protection (HP) is an alternative form of protection offered by the UK to individuals who are not granted asylum (refugee status) but who would still face a real risk of serious harm if returned to their home country. It ensures that people fleeing threats such as war, torture, or indiscriminate violence are not forced back into dangerous situations.

Who Can Apply for Humanitarian Protection?

You can be granted Humanitarian Protection if you cannot be recognised as a refugee but still face serious threats in your country of origin.

Key Points:

People refused asylum but at risk of serious harm if returned.

Applicants must show they cannot safely return to their home country.

Applies where persecution does not meet the refugee definition but dangers still exist.

Often relevant in conflict zones or where widespread violence occurs.

Thousands of people from war-torn countries such as Syria, Afghanistan, and Sudan have been granted Humanitarian Protection in the UK when asylum claims did not succeed but the risks in their countries made return impossible.

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    What Is “Serious Harm”?

    The Home Office defines serious harm as threats that endanger life, freedom, or human dignity.

    Key Points:

    Death penalty or execution.

    Torture or inhuman or degrading treatment/punishment.

    Serious threat to civilian life due to indiscriminate violence in armed conflict.

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    Rights of Humanitarian Protection Holders

    If granted HP, you will have many of the same rights as refugees in the UK.

    Key Points:

    Granted leave to remain in the UK, usually for 5 years.

    Right to work and access education.

    Access to the NHS for healthcare.

    Eligible for certain welfare benefits and housing support.

    After 5 years, you may apply for Indefinite Leave to Remain (ILR).

    Application Process

    Most people are considered for Humanitarian Protection automatically when they apply for asylum.

    Key Points:

    Apply for asylum → if refused, the Home Office assesses for HP.

    Must provide evidence of risks (country reports, witness statements, medical evidence).

    Decision usually comes as part of the asylum refusal letter.

    Appeals can be lodged if HP is refused.

    After 5 Years on Humanitarian Protection

    Once you have lived in the UK for 5 years under HP, you may apply for Indefinite Leave to Remain (ILR).

    Contact our team today to discuss your situation in confidence.

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