Under paragraph 327 of the Immigration Rules any claim for international protection is treated first as an asylum claim. As such the broad principles that apply to considering asylum claims apply equally to considering whether or not a person qualifies for humanitarian protection (HP).
We understand that humanitarian protection applications can be complex and using the services of an immigration expert are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. You will need to ensure that you meet all of the mandatory requirements before you apply. You will need to complete the relevant forms and collate your evidence for submission.
Grounds for humanitarian protection:
If you do not qualify for refugee status following consideration of your asylum claim, HP should normally be granted where there is a real risk of serious harm on account of one or more of the following grounds:
- Death penalty or execution
- Unlawful killing
- Torture or inhuman or degrading treatment
- Prison conditions which are systematically inhumane and life-threatening are contrary to Article 3 of the ECHR
- General violence and other severe humanitarian conditions
- Indiscriminate violence
When humanitarian protection will not be granted
- Humanitarian protection (HP) must not be granted where you are recognised as a refugee under the Refugee Convention
- HP must not be granted to EU nationals or their third country national family members who are exercising treaty rights
- Cases where it is claimed that removal would breach Article 3 on medical grounds are not usually eligible for HP
- You will not be eligible for a grant of HP if there are serious reasons for considering that you fall to be excluded for one of the following reasons:
- you 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
- you are guilty of acts contrary to the purposes and principles of the United Nations, or have committed, prepared, instigated or encouraged or induced others to commit, prepare or instigate such acts
- you are a danger to the community or to the security of the UK
- you have committed a serious crime
- you committed a crime before arriving the UK that would be punishable by imprisonment were it committed in the UK and you left your country of origin solely to avoid sanctions resulting from the crime
Granting or refusing humanitarian protection
Those who qualify for HP should normally be granted limited leave to enter or remain. This will normally include the following period of leave and associated benefits:
- an initial period of 5 years’ limited leave
- immediate and unrestricted access to the labour market, and recourse to public funds
- a 5-year route to settlement for those who continue to need protection
- no requirement to demonstrate a knowledge of language and life in the UK when applying for settlement
Appeals against refusal of humanitarian protection:
You will have a right of appeal against a decision to refuse a protection claim, a human rights claim, or the revocation of protection status. Where HP is refused, or where asylum is refused but HP is granted, this is a refusal of a protection claim.
Why Choose Aaryan Solicitors?
Expert Immigration team: Aaryan Solicitors has a team of expert UK immigration and family visa solicitors who can provide you legal advice and assistance with your humanitarian protection application. Headed by partner Vikramjit Singh, an acknowledged immigration law specialist and champion of those whose status here is challenged, we have a track record of successfully pushing through applications efficiently and cost-effectively. Contact us for case assessment, eligibility requirements and supporting documents.
Competitive Prices: We offer a competitive price service without compromising on our service. Our reputation outshines other, larger immigration law firms in London and across the country.
Flexible payment options: We understand that immigration complications often arise without notice which could become difficult in present economic climate therefore we provide flexible payment options. You may pay the agreed fees in instalments benefiting your needs, which will be agreed in advance.
Excellent Success Rate: Every application we prepare is tailor-made and thoroughly researched. As a result, our success rate is high. We pride in our highest standard of service as a result of which most of our clients return to us for their legal matters.
Out of office hour unique service: We provide clients focused service keeping in consideration busy working lifestyle therefore out of office telephone and/or in person appointments are available, subject to prior bookings, from 6.00 pm to 8.30 pm weekdays, and on weekends and bank holidays.
To apply for humanitarian protection, get in touch with Aaryan Solicitors for professional, no-obligation advice.