Developed by EMN
1. UK has opted into the Directive 2011/95/EU (Recast Qualification Directive) but does not (legally) use the term ‘subsidiary protection’. The inclusion of humanitarian protection within the UK immigration rules fully transposes the subsidiary protection provisions of the Qualification Directive into UK law, as it is defined as protection given to someone under the terms of the European Convention on Human Rights.
2. IE has also opted-into the Qualification Directive, and uses the term ‘leave to remain’.
3. In DE, FI and IT, humanitarian protection and subsidiary protection are different concepts. In DE and IT, humanitarian protection is the reception and residence of refugees under international law or on humanitarian or political (DE only) grounds, and in FI, humanitarian protection is granted to foreign nationals who cannot return to their country of origin or country of former habitual residence as a result of an environmental catastrophe or a bad security situation, which may be due to an international or internal armed conflict or a poor human rights situation.
4. In EE, LV, this term is not used.
5. AT and ES use a similar expression, namely ‘residence permit on humanitarian grounds’.
6. In BG, humanitarian protection encompasses subsidiary protection as well as protection granted for other humanitarian reasons (see Art. 9, SG No 52 of 2007).
7. In NO, a residence permit may be granted, even if the other conditions laid down in the Act are not satisfied, provided there are strong humanitarian considerations or the foreign national has a particular connection with the realm. To determine whether there are strong humanitarian considerations, an overall assessment shall be made of the case. Importance may be attached, inter alia, to whether the foreign national is an unaccompanied minor who would be without proper care if they were returned; the foreign national needs to stay in the realm due to compelling health circumstances; there are social or humanitarian circumstances relating to the return situation that give grounds for granting a residence permit; the foreign national has been a victim of human trafficking. (For further information, see Immigration Act of May 2008, Chaper 5, Section 38).