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Settlement – Humanitarian Protection

Humanitarian Protection, often referred to as ‘HP’, has been introduced in April of 2003 and replaced the earlier ‘exceptional leave to remain’.

HP was set out to help individuals who require protection but who do not qualify for protection under the Refugee Convention.

It offers security for those who would be at risk of serious harm if they were send back to their home country for a reason that is not covered under the Refugee Convention.

Applying for Humanitarian Protection

You can apply to settle in the UK, known as ‘indefinite leave to remain’, if you have got a residence card as:

  • A refugee, or
  • A person with humanitarian protection

You may be able to include your partner and/or children on your settlement application if they are already in the UK as your dependants.

Additionally, your partner and/or children can apply to be reunited with you in the UK if your family was formed before you left your country.

To find out if you can apply for humanitarian protection contact AWH Solicitors today. We can assess your situation and advice you on your options for staying or settling in the UK.

Our immigration solicitors have extensive experience handling many cases for refugees and those seeking humanitarian protection.

Visa Restrictions

There will be no restrictions or conditions restricting the opportunity to seek and take employment or occupation.

Applications for humanitarian protection or refugee status do not require a fee to be paid to the Home Office.

  • General requirements asylum

    All asylum applications will be determined by the Secretary of State in accordance with the refugee convention.

    The Secretary of State must be satisfied that:

    1. The applicants are in the United Kingdom or have arrived at a port of entry in the United Kingdom; and
    2. The applicants are a refugee, as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006; and
    3. There are no reasonable grounds for regarding the applicants as a danger to the security of the United Kingdom; and
    4. Having been convicted by a final judgement of a particularly serious crime, the applicants do not constitute a danger to the community of the United Kingdom; and
    5. Refusing the applicants application would result in them being required to go (whether immediately or after the time limited by any existing leave to enter or remain) in breach of the refugee convention, to a country in which their life or freedom would be threatened on account of their race, religion, nationality, political opinion or membership of a particular social group
  • Refugee convention restrictions

    Refugee convention ceases to apply when:

    • The applicants have voluntarily re-availed themselves of the protection of the country of nationality, or
    • After having lost their nationality, the applicants have voluntarily re-acquired it, or
    • The applicants have acquired a new nationality, and enjoy the protection of the country of their new nationality, or
    • The applicants have voluntarily re-established themselves in the country which they left, or
    • The applicants can no longer, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, continue to refuse to avail themselves of the protection of the country of nationality, or
    • Being a stateless person with no nationality, the applicants are able, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, to return to the country of former habitual residence
  • Grant of humanitarian protection

    A person will be granted humanitarian protection in the United Kingdom if the Secretary of State is satisfied that:

    • They are in the United Kingdom or have arrived at a port of entry in the United Kingdom
    • They do not qualify as a refugee as defined in regulation 2 of 'The Refugee or Person in Need of International Protection (Qualification) Regulations 2006'
    • Substantial grounds have been shown for believing that the person concerned, if returned to the country of return, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail themselves of the protection of that country; and
    • They are not excluded from a grant of humanitarian protection

    For the purposes of the points above, serious harm consists of:

    • The death penalty or execution
    • Unlawful killing
    • Torture, inhuman or degrading treatment or punishment
    • Serious and individual threat to life by reason of indiscriminate violence in situations of international or internal armed conflict

    Exclusion from humanitarian protection

    A person is excluded from a grant of humanitarian protection when:

    • There are serious reasons for considering that they have committed a crime against peace, a war crime, a crime against humanity, or any other serious crime or instigated or otherwise participated in such crimes; or
    • There are serious reasons for considering that they are guilty of acts contrary to the purposes and principles of the United Nations or have committed, prepared or instigated such acts or encouraged or induced others to commit, prepare or instigate such acts; or
    • There are serious reasons for considering that they constitute a danger to the community or to the security of the United Kingdom; or
    • There are serious reasons for considering that they have committed a serious crime; or
    • Prior to their admission to the United Kingdom the person committed a crime outside the scope that would be punishable by imprisonment were it committed in the United Kingdom and the person left their country of origin solely in order to avoid sanctions resulting from the crime

Assistance with your Application

Our expert immigration solicitors have handled many applications for clients in regards to asylum, HP and refugee status.

Like with any visa application, no one can guarantee success. However, with AWH Solicitors on your side, you are guaranteed the best chance at a successful outcome of your visa application.

Applying for Indefinite Leave to Remain

A person granted refugee status or humanitarian protection can apply for indefinite leave to remain when the applicant has held a residence permit for a continuous period of five years in the UK.

The applicant’s residence permit must not have been revoked or renewed, and they must not have been convicted of any offence.

Convictions and Criminal Offences

A holder of refugee status or humanitarian protection can only apply for indefinite leave to remain if they have not:

  • Been convicted of an offence for which they have been sentenced to imprisonment for at least four years, and
  • Have not been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than four years, unless a period of 15 years has passed since the end of the sentence, or
  • Has not been convicted of an offence for which the applicant was sentenced to imprisonment for less than 12 months, unless a period of seven years has passed since the end of the sentence; or
  • Within the 24 months prior to the date on which the application has been decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record, or
  • Not caused serious harm or shown a particular disregard for the law

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Due to the large amount of services and the complexity of each case we cannot provide any standardised fees without knowing a little bit more about your situation.

However, if you get in touch with us we can discuss in detail what charges you can suspect and what fees we will charge.

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This is why we provide competitive prices across our range of services.

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Please be aware that cost may differ depending on your personal circumstances.

The consultation fee is discounted at the end of the case if we are instructed.

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