Humanitarian Protection in the UK-  Elgibility, Documents and Application Process

Humanitarian protection is designed to provide international protection, where required, to a person who does not qualify for protection as a refugee under the 1951 Refugee Convention. It covers situations where a person may be at risk of serious harm if they return to their country of nationality or habitual residence, but they are not recognised as a refugee because the risk is not of persecution for a reason covered by the 1951 Refugee Convention.

A person who is recognised as facing a real risk of serious harm in their country of nationality or habitual residence is normally granted humanitarian protection and permission to stay in the UK.

Serious harm consists of:

(i) execution or the death penalty;

(ii) unlawful killing;

(iii) torture, inhuman or degrading treatment, or punishment of a person in their own country; or

(iv) serious and individual threat to a person or to a civilian’s life by reason of indiscriminate violence in situations of internal or international armed conflict.

What is a Humanitarian Protection claim?

A humanitarian protection claim is a request by an individual for international protection because if they are removed from or required to leave the UK, they would have a real risk of suffering serious harm (such as, execution or the death penalty) in their own country, and they are unable or unwilling, owing to such risk, to avail themselves of the protection of that country.

One must apply for asylum if they want to stay in the UK as a refugee. In their asylum claim, they can explain why they qualify for refugee status, and clearly set out why they should be granted Humanitarian Protection if they cannot be granted refugee status. 

The Home Office will consider Humanitarian Protection automatically if the asylum claim for refugee status is refused.

Eligibility

A claim for humanitarian protection must fulfil the following requirements; otherwise, it will not be recorded as a valid claim for humanitarian protection.

i) The applicant applies for it in person at a designated place such as a port or removal centre, unless subsequently or otherwise accepted by the UK Secretary of State; and

ii)It is made by a non-British person, and

iii) it is particularised (setting out the detailed facts and reasons supporting a claim for humanitarian protection) - if the claimant is aged 18 or over 

Applying for Humanitarian Protection

One has to apply for asylum in order to receive humanitarian protection in the UK. Asylum seekers normally have the right to remain in the UK while their claim is being decided. The applicant is expected to claim asylum at the earliest possible opportunity. For most people, this should be immediately upon arrival in the UK. If they fail to do so, it may be taken into account and affect the credibility of their asylum application.

1. Be in the UK

The applicant must apply at the border when they arrive, or later from within the UK. They must apply as soon as possible on their arrival in the UK.

2. Apply for asylum

If a person applies at the border, airport, or port, they must register their claim in person. If they want to apply when they are in the UK, they must book an appointment to register their asylum claim at a ‘screening’. 

They can call the asylum registration appointment line if they need to bring any dependants (partner and any children under 18) to the screening appointment, or if they need to be accompanied if they are a child applying on their own, or if they need an interpreter at the screening appointment.

The applicant’s dependants (partner and any children under 18) must attend the appointment with them.

3. Screening interview

At the screening interview, the applicant will be asked questions such as who they are (name, aliases, gender, etc.), where they are from (nationality), and why they are afraid of return. be asked why they are claiming asylum, as they must particularise a protection claim for an asylum application to be valid.

At the screening appointment, the applicant must have their photograph and fingerprints taken. Children aged under 5 will not have their fingerprints taken. They will be asked to confirm their personal details, such as their name, date of birth, and address.  

An asylum claim is not registered until the applicant attends their screening appointment and their asylum application has been accepted.

Depending on the applicant’s circumstances, they may be detained, granted temporary admission, or issued immigration bail and required to report regularly to an immigration office, as well as reside at a specific address.

If the applicant is not detained, they will be issued an ARC (Application Registration Card), which will serve as their form of identification until the claim is finally determined.

The Home Office may send the applicant an asylum claim questionnaire, if applicable. The applicant should complete the questionnaire and return it by the specified deadline. If they cannot fill it in, they should call the Home Office asylum team to inform them so that they can provide alternative arrangements.

The Home Office may withdraw an asylum application if the applicant fails to complete an asylum questionnaire as specifically requested by the Home Office.

Documents required for asylum screening 

At the screening, it will be checked what documents the claimant has and if they relate to their identity, their journey to the UK, or support their asylum claim.

The applicant will need documents for themselves and any dependants (partner and children aged under 18) for their asylum screening.

Documents one should bring (if they have them) include:

• passports, including those of their partner and any dependants in the UK that they wish to be part of their asylum claim.

• identification documents to establish their identity and nationality, for example, identity cards, driving licence, birth and marriage certificates, or school records 

• Police Registration Certificates (PRC) for the main applicant and any dependants; 

• Evidence of accommodation- e.g., Tenancy Agreement, bring a recent letter (no older than 3 months) from the householder (If they are living with someone else or in someone else’s house).;

• Any other documents that will support their application

The applicant must provide as much evidence as possible to prove that returning to their home country would put them at real risk of serious harm. This may include home country information, witness statements, medical reports, or any other relevant documentation.

Note that the onus is on the applicant to provide the Home Office with all available documentation to substantiate their asylum/humanitarian protection claim as soon as possible.

4. Asylum/Humanitarian Protection interview

Following a screening interview, the applicant will usually have to attend an asylum/humanitarian protection interview, which usually takes place soon after the screening.  An asylum interview gives the applicant an opportunity to tell the Home Office’s case worker about their asylum/humanitarian protection claim. The applicant must tell the caseworker everything they want them to consider, or it can count against them.

The Home Office may grant the applicant protection status (refugee status or humanitarian protection) without having to attend an interview if there is enough evidence available that was provided during the screening interview.

An asylum application will usually be withdrawn if the applicant does not go to their asylum interview. They will have to apply again if they still want to stay in the UK.

Children applying on their own

Children without an adult relative who is also claiming asylum can apply on their own.

Inadmissibility of a Humanitarian Protection claim

If an asylum/humanitarian protection application is declared inadmissible by the Home Office under specified sections of the NIAA (Nationality Immigration and Asylum Act) 2002, then any associated claim for humanitarian protection made based on the same facts will also be deemed inadmissible. 

The applicant with such an outcome cannot appeal the decision.

When a humanitarian protection application has been treated as inadmissible, and the Secretary of State (UK) believes removal of the applicant and/or their dependants to a safe third country within a reasonable timeframe is unlikely, the applicant will be admitted to the UK for consideration of the humanitarian protection claim in the UK.

Grant of humanitarian protection

A humanitarian protection application is decided as soon as possible. However, it may take longer if it is complicated, for example:

• The Home Office needs to verify the applicant's supporting documents

• The applicant needs to attend more interviews

• The Home Office needs to check the applicant's personal circumstances, for example, because they have a criminal conviction or they are currently being prosecuted

The applicant will be given humanitarian protection in the UK following their asylum claim if the Secretary of State (UK) is satisfied that the applicant:

(i) is either in the UK or has arrived at a port of entry in the UK; and

(ii) is not a refugee under the 1951 Refugee Convention; and

(iii) has shown substantial grounds for the Secretary of State (UK) to believe that the applicant concerned, if sent back to their country of origin, would be put to a real risk of facing serious harm and is unable or unwilling, owing to such risk, to avail themselves of the protection of that country; and

(iv) is not excluded from a grant of humanitarian protection.

The applicant may get humanitarian protection if they do not qualify for refugee status but cannot return to their own country.

Permission to stay on a humanitarian protection route following an asylum claim will be valid for at least 5 years and renewable upon application where the person still has and continues to be eligible for humanitarian protection status.

If there is a partner or children under 18 included in the asylum application as ‘dependants’, they’ll usually get permission to stay in the UK for 5 years.

If the applicant is not accepted as someone who needs international protection but there are reasons for allowing them to stay in the UK on a temporary basis, they will be granted limited permission to stay. They will either need to leave the UK one month before their temporary permission to stay expires or apply for additional permission to stay.

Internal relocation

The Secretary of State (UK) will not grant humanitarian protection to the applicant if in part of the country of origin the applicant would not face a real risk of suffering serious harm, and the applicant can reasonably be expected to stay in that part of the country.

Refusal of an asylum claim 

The applicant will be asked to leave the UK if they fail to qualify for humanitarian protection or their asylum claim is withdrawn.

The applicant may have the legal right to appeal the decision.

Settlement for people with humanitarian protection status

A person who has been on a humanitarian protection for five years or more may be eligible for settlement on this route.

Those granted temporary humanitarian protection permission to stay for 30 months following asylum applications made on or after 28 June 2022 will be re-granted a period of permission to stay which expires five years after the date of their original grant of permission to stay. 

After serving a total of five years on a protection route (including period of 30 months or 2.5 years served with temporary humanitarian protection permission to stay), the claimant may then apply for settlement on a protection (refugee/ humanitarian protection) route.

How can Visa and Migration help?

We can help you with an asylum/humanitarian protection application by giving you legal, practical, and procedural support in the following ways:

• Explaining to you the asylum process in detail

• Preparing your asylum application 

• Helping you collect evidence 

• Presenting your case for the humanitarian protection

• Preparing you for the asylum interview

• Presenting you legally, i.e., attending interviews (where allowed), making written legal submissions, and communicating with the Home Office on your behalf

• Appealing a refusal, i.e., explaining to you the refusal letter, preparing appeal grounds, representing you at the tribunal, and advising you on further submissions

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write at info@visaandmigration.com