Humanitarian Protection or Discretionary Leave???

[nasjam]

Hello all

I just come across to this forum and I am really happy.

I am a bit confuse of the status I have got. I would like to ask experts who knows about humanitarian protection and discretionary leave to help me with this matter.

I claimed asylum in 2004 and I was granted "Humanitarian protection" or "Discretionary Leave", I am not sure. The letter says as below.

"
GRANT OF HUMANITARIAN PROTECTION

You have been granted Humanitarian Protection in the United Kingdom, which is a discretionary grant of leave to remain in the United Kingdom for reason not covered by the Immigration Rules.

You have been granted this leave in accordance with the published Home Office Asylum Policy Instruction on Humanitarian Protection.

...................................................
......................... and the letter goes on.............................


Please note that the Title says Humanitarian protection but than in description it says " this is a discretionary leave..

I dont know what leave is that. could you all experts help me out pleaseeee

thanks in advance, looking forward to hear from you

[tasha75]

I am not an expert but I think it's a Humanitarian protection.The word discretionary in this case is just a description /explanation of how this leave is granted.

[Twin]

Hello all

I just come across to this forum and I am really happy.

I am a bit confuse of the status I have got. I would like to ask experts who knows about humanitarian protection and discretionary leave to help me with this matter.

I claimed asylum in 2004 and I was granted "Humanitarian protection" or "Discretionary Leave", I am not sure. The letter says as below.

"
GRANT OF HUMANITARIAN PROTECTION

You have been granted Humanitarian Protection in the United Kingdom, which is a discretionary grant of leave to remain in the United Kingdom for reason not covered by the Immigration Rules.

You have been granted this leave in accordance with the published Home Office Asylum Policy Instruction on Humanitarian Protection.

...................................................
......................... and the letter goes on.............................


Please note that the Title says Humanitarian protection but than in description it says " this is a discretionary leave..

I dont know what leave is that. could you all experts help me out pleaseeee

thanks in advance, looking forward to hear from you

Humanitarian Protection usually carries ILR as it's an absolute right but seeing that they mentioned Discretionary, I hope they won't be giving just 3 years.

[tasha75]

Humanitarian Protection usually carries ILR as it's an absolute right but seeing that they mentioned Discretionary, I hope they won't be giving just 3 years.

It seems that both HP and DLR are granted for 3 years initially. The difference is after 3 years on HP you are eligible for ILR, while on DLR you'll need 6 years altogether.


HP should be granted for up to 3 years, less in specific cases as directed. If at
the end of 3 years, following an active review, it is decided that further
protection is needed, a claimant will usually receive ILR. If protection is no
longer needed and a person has no other basis of stay in the UK they will be
expected to leave.

However, in another document it says:


7. DURATION OF HUMANITARIAN PROTECTION
Where Humanitarian Protection has been granted under
paragraph 339C of the Immigration Rules, leave should be
granted for a period of five years (339E).
.....
People who have completed five years’ Humanitarian Protection
leave will be eligible to apply for Indefinite Leave to Remain
(ILR), also known as settlement.

Confused?

[Rozen]

To the OP...

You have been granted Humanitarian Protection!

Like Tasha75 has explained, the word 'discretionary' is just an explanation of how the leave has been granted.

[nasjam]

Many thanks to Tasha, Twin and Rozen for taking time out to answer my question. If thats true and I got Humanitarian Protection than I am happy


mannyyyyyyyy thanksssssssssssss