Humanitarian protection is being downgraded by the Home Office from 28 June 2022
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>>> Humanitarian protection is being downgraded by the Home Office from 28 June 2022: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc17-11-may-2022
Currently, people who are recognised as being in need of humanitarian protection are granted five years’ permission to stay, as set out in paragraph 339Q(ii) of the Rules. After that, they can apply to stay permanently. The new rules will reduce humanitarian protection permission to the same length of time as “Group 2” refugees: those deemed by the government to be less deserving of protection for reasons including their inability to access a regular route to the UK.
The new humanitarian protection rules in more detail
New paragraph 327F provides that, where an asylum claim has been deemed inadmissible under sections 80A or 80B of the Nationality, Immigration and Asylum Act 2002, then any associated claim for humanitarian protection (based on the same facts) will also be inadmissible. This extends the inadmissibility process to humanitarian protection claims. There is no right of appeal against that decision.
It is not possible to make a standalone claim for humanitarian protection to try to avoid this provision. Paragraph 327EC states that anyone who makes such a claim will be deemed to have made an asylum claim, and the person will be assessed for refugee status in the first instance (as is already the case) before humanitarian protection is considered.
The list of reasons for which a person can be excluded from a grant of humanitarian protection has also been extended to include, at paragraph 339D(iv), “having been convicted by a final judgement of a particularly serious crime (as defined in Section 72 of the Nationality, Immigration and Asylum Act 2002), constitutes a danger to the community of the UK”.
New paragraph 339QB states that where a person is granted humanitarian protection, they will be granted a new form of leave called “temporary humanitarian permission to stay”. This permission will last for a minimum of 2.5 years (in practice the vast majority of grants will be made for this length of time).
Appendix Settlement Protection is also amended, in order to explicitly exclude those granted temporary humanitarian protection leave from applying for indefinite leave to remain under its provisions. They will however still qualify for indefinite leave after 10 years of lawful residence in the UK as set out in paragraph 276B of the Immigration Rules, if they can meet the additional requirements relating to English language and the Life in the UK test, and afford the fees.
>>> Humanitarian protection is being downgraded by the Home Office from 28 June 2022: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc17-11-may-2022
Currently, people who are recognised as being in need of humanitarian protection are granted five years’ permission to stay, as set out in paragraph 339Q(ii) of the Rules. After that, they can apply to stay permanently. The new rules will reduce humanitarian protection permission to the same length of time as “Group 2” refugees: those deemed by the government to be less deserving of protection for reasons including their inability to access a regular route to the UK.
The new humanitarian protection rules in more detail
New paragraph 327F provides that, where an asylum claim has been deemed inadmissible under sections 80A or 80B of the Nationality, Immigration and Asylum Act 2002, then any associated claim for humanitarian protection (based on the same facts) will also be inadmissible. This extends the inadmissibility process to humanitarian protection claims. There is no right of appeal against that decision.
It is not possible to make a standalone claim for humanitarian protection to try to avoid this provision. Paragraph 327EC states that anyone who makes such a claim will be deemed to have made an asylum claim, and the person will be assessed for refugee status in the first instance (as is already the case) before humanitarian protection is considered.
The list of reasons for which a person can be excluded from a grant of humanitarian protection has also been extended to include, at paragraph 339D(iv), “having been convicted by a final judgement of a particularly serious crime (as defined in Section 72 of the Nationality, Immigration and Asylum Act 2002), constitutes a danger to the community of the UK”.
New paragraph 339QB states that where a person is granted humanitarian protection, they will be granted a new form of leave called “temporary humanitarian permission to stay”. This permission will last for a minimum of 2.5 years (in practice the vast majority of grants will be made for this length of time).
Appendix Settlement Protection is also amended, in order to explicitly exclude those granted temporary humanitarian protection leave from applying for indefinite leave to remain under its provisions. They will however still qualify for indefinite leave after 10 years of lawful residence in the UK as set out in paragraph 276B of the Immigration Rules, if they can meet the additional requirements relating to English language and the Life in the UK test, and afford the fees.
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