Exceptional Leave to Remain has been replaced by two sub categories. These are Humanitarian Protection and Discretionary Leave. Humanitarian Protection is leave granted to a person who would, if removed, face in the country of return a serious risk to life arising from the death penalty; unlawful killing; or torture or inhuman or degrading treatment or punishment. If a person has been refused asylum they may still be considered for this status. Humanitarian Protection is normally granted for a period of 3 years, after which the person can apply for Indefinite Leave to Remain. A person who is granted Humanitarian Protection is allowed to work and has access to public funds. Discretionary Leave can be considered for people that have not been considered for international protection, or have been excluded. Discretionary Leave may be granted if, for example, the applicant is an Unaccompanied Asylum Seeking Child (UASC) for whom adequate reception arrangements in their country are not available, or if the person is able to demonstrate particularly compelling reasons why removal would not be appropriate. Discretionary Leave can be granted for a period of three years or less. For UASC's it can be granted for three years or up until their 18th birthday, whichever comes first.

Home Office: Humanitarian Protection and Discretionary Leave

Definitions, information and advice on Humanitarian Protection and Discretionary Leave from the IND.

Link [Last update: 2007-01-05; 10:24]

UNHCR: Humanitarian Protection and Discretionary Leave

An overview of asylum in the UK and forms of protection.

Link [Last update: 2007-01-05; 10:24]

Asylum Support: Restrictions and the ending of Exceptional Leave to Remain

Exceptional Leave to Remain was replaced by the status of "humanitarian protection" for those who have protection needs but who are not covered by the 1951 Refugee Convention. Information links.

Link [Last update: 2007-01-05; 10:24]