Humanitarian Protection in the UK: What It Is & How to Apply

Not everyone who flees danger qualifies for refugee status but some still face serious harm if sent back to their home country. In these cases, the UK may offer a different type of protection known as Humanitarian Protection.

If you’re at risk of violence, torture, or inhumane treatment but don’t meet the strict definition of a refugee, humanitarian protection might apply to you.

This guide explains who qualifies, how it differs from refugee status, and what you need to apply.

What Is Humanitarian Protection in the UK?

Humanitarian Protection is an immigration status granted to people who don’t meet the legal definition of a refugee but would still be at risk of serious harm if returned to their home country.

Introduced in 2003 to replace the old “Exceptional Leave to Remain” policy, this form of protection ensures individuals aren’t forced back into situations involving:

• Armed conflict
• Widespread violence
• Inhumane treatment
• Serious health risks or threats to life

Who Is Eligible for Humanitarian Protection?

You may be eligible if you meet the following three main conditions:

1. You Face a Real Risk of Serious Harm

You must show that returning to your home country would put you in danger. This includes risks such as:

• Exposure to life-threatening violence due to ongoing armed conflict
• Threats of torture or inhumane treatment
• Potential violation of fundamental human rights
• Living in an area experiencing widespread instability or extreme violence

2. You Do Not Qualify as a Refugee

Refugee status is reserved for those who face persecution based on race, religion, nationality, political opinion or group membership under the 1951 UN Refugee Convention.

If your situation doesn’t fit this definition but you’re still in danger humanitarian protection might be the appropriate route.

3. You Are Not a Threat to UK Security

You won’t be granted humanitarian protection if:

• You’ve committed war crimes or crimes against humanity
• You’ve committed serious criminal offences
• You’re considered a threat to national security

Humanitarian Protection vs Refugee Status: What’s the Difference?

While both offer protection from serious harm, they differ in legal basis, duration, and criteria.

Category	Refugee Status	Humanitarian Protection
Legal Framework	1951 UN Refugee Convention	UK’s Domestic Immigration Policy
Protection Grounds	Persecution based on identity/group	General harm or violence
Path to Settlement	ILR after 5 years	ILR possible after 5 years
Review Frequency	Less frequent	Subject to periodic review

How to Apply for Humanitarian Protection in the UK

Submit Your Application

You apply to the Home Office, typically as part of an asylum claim. Humanitarian protection is considered automatically if you don’t meet refugee criteria but still need protection.

You must be in the UK to apply this form of protection is not available from abroad.

Provide Supporting Evidence

It’s essential to prove the real risk you’d face if sent back. Include:

• Country reports from trusted sources (e.g., UNHCR, Amnesty)
• Medical reports showing trauma or health conditions
• Statements from family, friends, or organisations
• News articles or evidence of regional violence

The more specific and reliable your evidence, the stronger your case.

What Are the Conditions of Stay?

If granted, you’ll receive:

• Permission to work and access public funds
• Access to NHS care and free state education
• The right to rent accommodation and open a bank account

Your situation will be reviewed before renewal or settlement. The Home Office may reassess whether protection is still required.

Can You Get Indefinite Leave to Remain (ILR) After Humanitarian Protection?

Yes, in many cases, you can apply for ILR after spending 5 years in the UK under humanitarian protection.

However, settlement is not automatic. You’ll need to show that:

• You still face risk in your home country
• You meet the good character requirements
• You haven’t breached any immigration conditions

Your case will be carefully reviewed again, including updated evidence if needed.

Why Might Someone Be Excluded from Humanitarian Protection?

Even if you meet the risk criteria, your application can be refused if the Home Office believes:

• You’ve committed serious international crimes
• You are involved in unlawful activity
• You’ve committed a serious non-political crime before arriving in the UK

If there are “serious reasons for considering” any of the above, your protection claim is likely to be rejected.

Rights and Benefits of Humanitarian Protection

Being granted humanitarian protection comes with a number of rights and responsibilities:

You Can:

• Work legally in the UK
• Access NHS healthcare
• Receive public funds, including Universal Credit
• Send your children to school or college

You Must:

• Obey UK laws and immigration conditions
• Notify the Home Office if your circumstances change
• Renew your leave before it expires
• Cooperate with any reviews of your protection status

Real Life Example: Temporary Protection Turned Long-Term Stability

A young woman from Sudan, fled due to civil war and threats from armed groups. Her asylum claim was refused because it didn’t meet the refugee definition. However, with help from our solicitors, she submitted strong evidence showing a real risk of harm if returned.

She was granted humanitarian protection and settled in Manchester, working in care and studying part-time. After 5 years, she successfully applied for Indefinite Leave to Remain, allowing her to build a stable future in the UK.

FAQs About Humanitarian Protection in the UK

What qualifies you for humanitarian protection?

You must show a real risk of serious harm in your home country, even if you don’t meet the criteria for refugee status.

Is humanitarian protection a visa?

Not exactly. It is a type of leave to remain granted for protection purposes. It’s different from a standard visa based on work, family, or study.

Can I work in the UK with humanitarian protection?

Yes, you are allowed to work, study and access benefits while your protection is valid.

Do I need a solicitor to apply?

While it’s not legally required, working with an immigration solicitor greatly improves your chances of success. A solicitor can help prepare your documents, represent you at interviews, and make sure you meet all requirements.

Speak to Solicitors in Manchester for humanitarian protection

If you’re facing danger in your home country and don’t know where to turn, professional legal help can make all the difference.

Our experienced immigration solicitors in Manchester can assess your situation, help gather the right evidence, and guide you through the entire protection application process.

Call us today on 0161 464 4140 or book your free consultation online

We’re here to protect your future and fight for your right to stay safe.

Legal Note

This article is for general information only. Always seek independent legal advice for your specific case, as immigration laws and policies may change.