Human Rights Application's
What are Human Rights and who qualifies?
A human rights application is submitted when an individual would face a serious risk to life or person if removed to their country of origin. This protection is granted to those with specific needs for safety, who do not meet the criteria for refugee status.
If you are seeking asylum, it is important to make human rights arguments at the same time as applying for asylum. Human rights applications can be based on “compelling” or “exceptional” circumstances, and may involve Article 8 family/private life cases. It is essential to provide evidence to support your human rights claim, and the application fee will depend on the type of application and your location.
Refugee status and humanitarian protection are two forms of international protection granted to individuals in need. Refugee status provides five years’ permission to stay in the UK, with the right to work, study, access benefits, and seek family reunion. On the other hand, humanitarian protection is granted to those who do not qualify as refugees but would face a real risk of serious harm if returned to their country of origin.
Refugee Status and Human Rights Protection
Refugee Status
- Granted to individuals who meet the specific criteria of being a refugee, as defined in the 1951 Refugee Convention.
- To qualify as a refugee, a person must have a well-founded fear of persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion.
- Refugees are afforded protection because they are unable or unwilling to return to their home country due to fear of persecution.
Humanitarian Protection
- Granted to individuals who do not meet the criteria for refugee status but would face a real risk of serious harm if returned to their country of origin.
- This form of protection is provided to individuals who do not qualify as refugees but still require international protection due to the risk of facing serious harm in their home country.
While there are legal and procedural differences between the two, they both offer similar rights and privileges, such as permission to remain in the UK for five years, the right to work, study, and access benefits.
Human rights applications and requirements
While there are legal and procedural differences between the two, they both offer similar rights and privileges, such as permission to remain in the UK for five years, the right to work, study, and access benefits.
There are various ways to apply to remain or settle in the UK through an asylum or human rights-based application to the Home Office. These include:
- Applying for Indefinite Leave to Remain (ILR) as a child who has lived in the UK for 7 or more years.
- Applying for ILR as a young adult who has lived in the UK for at least half of their life.
- Applying for ILR based on 20 years of residence in the UK.
- Applying for leave to remain as a parent of a child in the UK.
- Applying for leave to remain or ILR on medical grounds.
The application process varies depending on the specific route you are applying through. For instance, if you plan to apply for ILR based on your right to private or family life, the application form you need to complete depends on factors such as your age and length of residence in the UK. The application fee for ILR private life applications is currently £2,404, and applicants may also need to pass the Life in the UK test.
Because everyone’s circumstances are unique, our immigration lawyers are ready to provide personalised advice and handle your application, should you require assistance.
Got a question? Speak to our Immigration specialists today.
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