Asylum & Humanitarian Protection
Humanitarian protection is a form of protection for people who do not qualify as refugees, but who would still face a real risk of serious harm if they were returned to their country. It is granted under paragraph 339C of the Immigration Rules, often to people fleeing the death penalty, torture, or the indiscriminate violence of armed conflict, where the danger is not linked to one of the five Refugee Convention reasons. Humanitarian protection gives you permission to stay in the UK, with the right to work and a path towards settlement. The threshold is high and the evidence matters, so good legal advice can make a real difference. We assess your situation with care and check whether you qualify for Legal Aid.
At a glance
What it covers
A real risk of serious harm on return: the death penalty, unlawful killing, torture, or indiscriminate violence in armed conflict.
Legal basis
Paragraph 339C of the Immigration Rules. Considered when you do not qualify as a refugee.
How long it lasts
For claims made on or after 2 March 2026, normally 30 months, with a path to settlement. Earlier claims keep the five-year grant.
Legal Aid available
Protection claims are covered by Legal Aid if you qualify. We hold a Legal Aid contract for asylum work.
Humanitarian protection is permission to stay in the UK, granted under paragraph 339C of the Immigration Rules, to a person who is not a refugee but who would face a real risk of serious harm if returned home. Serious harm includes the death penalty, torture, and a threat to life from indiscriminate violence in armed conflict.
It exists as a safety net for people who genuinely need protection, but whose risk does not fit the five Refugee Convention reasons of race, religion, nationality, political opinion or membership of a particular social group. A common example is a civilian who would be caught up in the violence of a war simply by being present in the country, rather than because they are targeted for who they are.
Humanitarian protection is not a separate application that you make on its own. It is considered as part of an asylum claim. The Home Office first looks at whether you qualify as a refugee, and if not, it then considers whether you qualify for humanitarian protection. Once granted, it carries almost all the same rights as refugee status, including the right to work and a route to settlement.
You may qualify for humanitarian protection if you face a real risk of serious harm on return, but your situation does not fit the Refugee Convention grounds. The examples below are common.
To be granted humanitarian protection, you must meet the four requirements in paragraph 339C of the Immigration Rules. The Home Office considers humanitarian protection when it has decided that you are not a refugee.
You are not a refugee
Humanitarian protection is considered only after the Home Office has decided that you do not qualify for refugee status under the 1951 Refugee Convention. The two are assessed together from your asylum claim.
A real risk of serious harm
You must show substantial grounds for believing that, if returned, you would face a real risk of serious harm. Serious harm is defined as the death penalty or execution, unlawful killing, torture or inhuman or degrading treatment, or indiscriminate violence in armed conflict.
No protection or safe relocation at home
You must be unable, or unwilling because of the risk, to seek the protection of your home country, and unable to move safely to another part of it to escape the danger.
You are in the UK
Humanitarian protection is considered for people who are in the UK, or who have arrived at a UK port of entry, as part of a protection claim.
You are not excluded
Certain serious matters, such as war crimes or a particularly serious crime that makes a person a danger to the community, can exclude someone from humanitarian protection under paragraph 339C.
For claims made on or after 2 March 2026, humanitarian protection is normally granted for 30 months and reviewed at that point, rather than the previous five-year grant. Protection can be reviewed and, in some cases, revoked if the situation in your country improves so that the risk no longer meets the threshold. The points on this page are a general guide, correct as at June 2026, and are not legal advice on your case.
We look at your full situation and advise whether your strongest case is for refugee status, humanitarian protection, or a human rights claim. Often these are argued together, and the right framing matters.
We help you gather and present the evidence that shows the real risk you would face, including up-to-date country information, expert reports and medical evidence where relevant.
We prepare your statement and submissions, and represent you through the screening and substantive interview stages of your claim, so that the humanitarian protection arguments are put clearly.
We advise you on the decision. If protection is refused, we explain your right of appeal to the First-tier Tribunal. If protection is granted, we can advise on extensions and the route to settlement.
Protection claims, including humanitarian protection, are within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on a financial assessment of your means and an assessment of the merits of your case. We check your eligibility for Legal Aid when you first contact us. Where Legal Aid is not available to you, we explain clearly and in writing what any private fee would be before any work begins. There is no charge to find out where you stand.
Humanitarian protection is permission to stay in the UK, granted under paragraph 339C of the Immigration Rules, to a person who is not a refugee but who would face a real risk of serious harm if returned home. Serious harm includes the death penalty, torture, and indiscriminate violence in armed conflict.
Both protect people from serious harm, but the route differs. Refugee status is for people persecuted for a Refugee Convention reason, such as religion, politics or membership of a social group. Humanitarian protection is for people who face serious harm for a reason that does not fit those grounds, for example civilians fleeing war.
Under paragraph 339CA, serious harm means the death penalty or execution, unlawful killing, torture or inhuman or degrading treatment or punishment, or a serious and individual threat to a civilian's life from indiscriminate violence in international or internal armed conflict. The risk must be real, personal and current.
For claims made on or after 2 March 2026, humanitarian protection is normally granted for 30 months, with a review at that point. Claims made on or before 1 March 2026 keep the previous minimum five-year grant. After a qualifying period, you may be able to apply for settlement.
Humanitarian protection gives you almost the same rights as refugee status. You can work, access public funds if you are otherwise eligible, and in time apply for settlement. For travel, you would normally use your national passport, or apply to the Home Office for a Certificate of Travel if you cannot use it.
Yes. Protection claims, including humanitarian protection, are within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on your financial circumstances and the merits of your case. We assess your eligibility when you first contact us, at no charge to you.
If your protection claim is refused, the decision usually carries a right of appeal to the First-tier Tribunal, and the time limit is short. Depending on your case, an Article 3 human rights argument may also be relevant. We review the refusal and advise on the strongest next step quickly.
Last updated: June 2026.
