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Refugee Status, Humanitarian Protection & Discretionary Leave

Some people who apply for asylum are not given refugee status but may be given other forms of leave: exceptional leave to remain (not granted since 2003), humanitarian protection and discretionary leave.

Most of these types of leave are time limited and must be renewed. After five, six or ten years they may also be changed to indefinite leave to remain (ILR). A refugee will keep his/her refugee status when they get indefinite leave to remain. But a refugee will lose their refugee status (but not ILR if they have it) if they return to their home country. Refugees also lose their status if they become British citizens.

When anyone applies for leave to remain to be extended or changed to indefinite leave, they stay covered by their previous leave until they get a decision on the application, as long as they apply before their leave expires. This can take a long time.

Humanitarian Protection is offered on the basis that the applicant is at risk of serious harm in the form of the death penalty, execution, unlawful killing, torture or indiscriminate violence if returned to their country of origin.

We offer a service that ensures that our clients are given the best chance of a favourable decision. We provide practical advice and information according to best practice at every stage of the appeal starting with the decision, followed by procedure, evidence and presentation of the appeal at the appropriate court.

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