Guidance

Child staying with or joining a non-parent relative (protection) (accessible)

Updated 8 November 2024

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Version 2.0

About this guidance

This guidance tells decision makers how to consider applications for a child seeking to stay with or join a non-parent relative with protection status in the UK in serious and compelling circumstances under Appendix Child Staying with or Joining a Non-Parent Relative (Protection) (Appendix CNP) of the Immigration Rules.

This guidance does not cover applications for the pre-flight partner or child of a sponsor with protection status or settlement on a protection route in the UK under the refugee family reunion policy. For more information, see Family reunion: for individuals with protection status in the UK guidance.

This guidance does not cover applications for settlement from overseas under paragraph 297 or settlement within the UK under paragraph 298, for children seeking to join or stay with a relative who is settled in the UK. For more information, see Annex FM 3.1: children guidance and Annex FM 3.2: children guidance.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Asylum Policy Secretariat.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

  • version 2.0
  • published for Home Office staff on 8 November 2024

Changes from last version of this guidance

This guidance has been updated in line with Immigration Rules changes under Appendix CNP which came into force on 8 November 2024.

Introduction

This guidance explains how you must consider applications for a child seeking to stay with or join a non-parent relative with protection status in the UK in serious and compelling circumstances under Appendix Child Staying with or Joining a Non- Parent Relative (Appendix CNP).

You must read this guidance in conjunction with other key guidance products. All relevant guidance documents can be found below:

Background

The refugee family reunion policy acknowledges that families may become separated due to the nature of conflict and persecution and the speed and manner in which people are often forced to flee their country of origin.

In addition to this policy, Appendix Child Staying with or Joining a Non-Parent Relative (Appendix CNP) allows for a non-parent relative with protection status in the UK to sponsor a child to stay with or join them where there are serious and compelling circumstances. This can be in situations where the child has no family other than the non-parent relative in the UK that could reasonably be expected to support or care for them.

Appendix CNP requires sponsors to demonstrate that suitable arrangements have been made for the child’s care which serves to both ensure that children may only come to the UK under this route where it is in their best interest and prevents further strain on local authorities.

Policy intention

The policy objective is primarily to deliver a fair and effective application process to enable a child to stay with or join their non-parent relative with protection status in the UK in serious and compelling circumstances. This is delivered by:

  • ensuring applications are properly considered in a timely and sensitive manner on an individual, objective and impartial basis, acknowledging the vulnerable situation that applicants may find themselves in and, where possible, prioritising applications without unnecessary delay
  • meeting our international obligations under the European Convention of Human Rights (ECHR) by considering whether a refusal of an application would breach Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family
  • preventing abuse of the policy by carefully reviewing applications where fraudulent documents are submitted or there is evidence that the sponsor obtained permission to stay by deception, and refusing such applications where appropriate
  • preventing those who would be excluded from the Refugee Convention from obtaining permission under the Appendix CNP rules by subjecting them to the same security checks as asylum seekers.

Application in respect of children

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to ensure that immigration and nationality functions are discharged having regard to the need to safeguard and promote the welfare of children in the UK. The consideration of the child’s best interests is a primary, but not the only consideration in applications made under Appendix CNP.

Although Section 55 only applies to children in the UK, the statutory guidance, Every Child Matters - Change for Children, provides guidance on the extent to which the spirit of the duty should be applied to children overseas. You must adhere to the spirit of the Section 55 duty and make enquiries when you suspect that there may be safeguarding, or welfare needs that require attention. In some instances, international or local agreements are in place that permit or require children to be referred to the authorities of other countries. You must abide by these arrangements and work with local agencies in order to develop arrangements that protect children and reduce the risk of trafficking and exploitation.

You must carefully consider all the information and evidence provided to ascertain how a child will be affected by a decision, and this must be addressed when assessing whether an applicant meets the requirements of the Immigration Rules. You must carefully assess the quality of any evidence provided. Original documentary evidence from official or independent sources must be given more weight in the decision making process than unsubstantiated statements about a child’s best interests. For all refusals, the decision notice must demonstrate that all relevant information and evidence provided about the best interests of a child in the UK have been considered.

For more information on the key principles to take into account, see:

Legislation

International obligations

The 1951 United Nations Convention relating to the Status of Refugees and the 1967 Protocol (the ‘Refugee Convention’) is the primary source of the framework for international refugee protection. However, it does not refer explicitly to family reunion as one of the rights and benefits refugees should receive in the country of refuge.

The principle of family unity is referred to in the UNHCR Handbook, a practical guide, which outlines the procedures and criteria for determining refugee status of signatory states of the 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees. The UNHCR Handbook (chapter VI, paragraphs 181-188) sets out that as a minimum requirement a spouse and minor children of a refugee should benefit from family unity provisions where family life has been temporarily disrupted due to conflict or persecution. As such, Appendix CNP goes beyond this recommendation and provides a route through which children can stay with or join a non-parent relative in the UK in serious and compelling circumstances.

The European Convention on Human Rights (ECHR) provides the framework for ensuring the rights and fundamental freedoms of individuals in signatory states including the UK. Article 8 of the ECHR sets out the ‘Right to respect for private and family life’.

Signatory states to the United Nations Convention on the Rights of the Child recognise the family as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children. Children should be afforded the necessary protection and assistance so that the family can fully assume its responsibilities within the community.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction sets out procedures to ensure the return of a child who is subject to international child abduction to the country of their habitual residence immediately before their wrongful removal or retention.

Domestic legislation

Domestic legislation which you must consider:

Nationality, Immigration and Asylum Act 2002

Section 82 of the Nationality, Immigration and Asylum Act 2022 specifies that an appeal can be brought against a decision to refuse a human rights or protection claim, or a decision to revoke protection status.

The right of appeal is subject to the exceptions and limitations set out in Part 5 of the Act. See the rights of appeal guidance for further information.

Human Rights Act 1998

An appeal under Section 82(1)(b) of the Nationality, Asylum and Immigration Act 2002 (refusal of human rights claim) must be brought on the ground that the decision is unlawful under Section 6 of the Human Rights Act 1998. The refusal of an application for leave to enter or remain under the Appendix CNP Rules is a human rights claim for the purposes of Section 82(1)(b).

Section 92(4) specifies that in the case of an appeal under Section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the UK, the appeal must be brought from outside the UK.

Children Act 1989

Section 66 of the Children Act 1989 sets out that where a child, under the age of 16 and who is cared for, and accommodated, for more than 28-days, by someone other than their parent, a person who is not a parent but who has parental responsibility or a relative, is considered as being a privately fostered child.

Section 67 of the Children Act 1989 outlines a duty to local authorities to satisfy themselves of the welfare of children who are, or are proposed to be, privately fostered within their area is being satisfactorily safeguarded and promoted.

Nationality and Borders Act 2022

The Nationality and Borders Act 2022 (‘the 2022 Act’) made changes to the way in which asylum claims made after the 2022 Act came into force on 28 June 2022 are determined.

The Nationality and Borders Act 2022 and Part 11 of the Immigration Rules also provide the legal framework within which a person claiming asylum and granted refugee status will be provided with permission to stay in the UK.

Immigration Rules

Appendix Child Staying with or Joining a Non-Parent Relative (Protection) (Appendix CNP) sets out the requirements for a child applying for entry clearance or permission to stay with or join a non-parent relative with protection status in the UK. Under Appendix CNP, if a person wishes to stay with their non-parent relative and apply for settlement in the UK, they can apply at the same time as their non-parent relative, or after their non-parent relative is settled in the UK, providing they have or last had entry clearance or permission to stay under Appendix CNP.

It may also be appropriate to consider other provisions of the Immigration Rules. The following are of particular relevance to this instruction:

Definitions

Paragraph 6.2 sets out the relevant definitions for immigration applications.

“Adequate” and “adequately” in relation to a maintenance and accommodation requirement are defined as: after income tax, national insurance contributions and housing costs have been deducted, there must be available to the person or family the level of income or funds that would be available to them if the person or family was in receipt of income support.

“Close relative” is defined as a grandparent, brother, sister, step-parent, uncle (brother or half-brother of a child’s parent) or aunt (sister or half-sister of a child’s parent) who is aged 18 or over.

Appendix Child Staying with or Joining a Non-Parent Relative (Appendix CNP)

Paragraphs CNP.1.1 to CNP.6.2. set out the requirements for granting under Appendix CNP of the Immigration Rules applications for a child seeking to stay with or join a non-parent relative with protection status in the UK.

Paragraphs CNP.7.1 to CNP.8.3 under Appendix CNP of the Immigration Rules set out the requirement for a decision, period and conditions for grants of permission under Appendix CNP.

Paragraphs CNP.10.1 to CNP.14.1. set out the requirements for granting under Appendix CNP of the Immigration Rules settlement applications for a person seeking to stay with a non-parent relative who is applying for settlement, or is settled, in the UK.

Paragraphs CNP.15.1 to CNP.15.2 under Appendix CNP of the Immigration Rules set out the requirement for a decision of settlement under Appendix CNP.

Part 9 of the Rules

Part 9 sets out the grounds for refusal and applies to Appendix CNP applications – see grounds for refusal guidance.

Part 11 of the Rules

Paragraphs 339A to 339AC and 339BA set out when refugee status granted under paragraph 334 may be revoked or renewed and paragraphs 339G to 339GD set out similar provisions for those granted humanitarian protection.

Appendix Children

This Appendix sets out the requirements for applications made by children.

Appendix English Language

This Appendix sets out how the English language requirement is met.

Appendix Family Member Specified Evidence (Appendix FM-SE)

This Appendix sets out the specified evidence of funds applicants must provide.

Appendix Knowledge of Life in the UK

This Appendix sets out how the Knowledge of Life in the UK requirement is met by a person applying for settlement.

Appendix Tuberculosis (TB)

This Appendix sets out when a person is required to provide a valid TB certificate with their application for entry clearance and the requirements for a TB certificate to be valid.

Application process

A child can apply overseas for entry clearance to join a non-parent relative with protection status in the UK or apply within the UK for permission to stay with a non- parent relative with protection status in the UK under Appendix Child Staying with or Joining a Non-Parent Relative (Appendix CNP).

As set out in paragraph CNP 1.2 (a), entry clearance and permission to stay applicants must pay any fee and Immigration Health Surcharge (IHS), unless the applicant has been granted a fee waiver in whole or part. If a partial fee waiver is granted, the IHS will have been waived but the application fee must be paid.

Entry clearance and permission to stay applicants under Appendix CNP may be granted permission in line with their sponsor, providing they meet the relevant requirements under the Rules, therefore, the amount of IHS liable is in line with the remaining permission their sponsor with protection status has in the UK. For example, if the sponsor with refugee status has 24-months permission to stay remaining in the UK, the IHS liability for the applicant is 24-months. All entry clearance and permission to stay applications submitted by children under 18 under Appendix CNP are subject to the reduced rate of IHS. Where the applicant is liable to pay the IHS, you should follow the process set out in the entry clearance or permission to stay sections of this guidance, but further information relating to the IHS can be found in the Immigration Health Surcharge guidance.

Providing an applicant has or last had entry clearance or permission to stay under Appendix CNP, they can apply for settlement at the same time as their non-parent relative, or after their non-parent relative is settled in the UK under Appendix CNP. As set out in paragraph CNP 10.2. (a) settlement applicants must pay an application fee, but do not need to pay the IHS. There is no fee waiver available for settlement applications.

Entry clearance

Children applying for entry clearance overseas must use the ‘Child of a non-parent relative with protection status in the UK’ application form on the GOV.UK website.

Where the fees associated to the entry clearance application are unaffordable, applicants can apply for a fee waiver prior to submitting their application under Appendix CNP. All fee waiver requests, which will be considered separately to the entry clearance application, must be considered in accordance with the Affordability fee waiver: overseas Human Rights-based applications (Article 8) guidance.

An issue with the online application form and IHS payment portal means that the applicant cannot pay the IHS prior to submitting their entry clearance application under Appendix CNP. This means that some applicants, who have not been granted a whole or partial fee waiver prior to submitting their entry clearance application, may have paid the application fee but not the IHS.

Where the IHS is still liable, you must contact the applicant by email to notify them of the outstanding IHS charge and notify them that if they cannot afford this, they can submit a waiver for the IHS which must be completed and returned within 10 working days (excluding bank holidays and weekends). Alongside this email, you should attach a paper waiver for the IHS. During this time (10 working days (excluding bank holidays and weekends)), you must put the application on hold.

If the applicant submits a waiver for the IHS within 10 working days (excluding bank holidays and weekends)), you must notify the applicant to confirm receipt. You must then also ensure the waiver for the IHS is sent to the out of country fee waiver team for consideration. They will inform the applicant of a decision on their waiver for the IHS.

If the applicant is granted a waiver for the IHS, they must be notified of this, and you must not request the IHS. You must then continue the decision making process for their entry clearance application under Appendix CNP.

If the applicant’s waiver for the IHS is refused, they must be notified of this and issued a top-up link to pay the outstanding IHS charge within 10 working days (excluding bank holidays and weekends). If the applicant does not pay the IHS, you should put the application on hold.

If the applicant has not submitted a waiver for the IHS within the 10 working days (which excludes bank holidays and weekends), you must send an IHS top-up link via email to the applicant to pay the outstanding IHS charge within a further 10 working days (which excludes bank holidays and weekends). If the applicant does not pay the IHS, you should put the application on hold.

Where payment of the IHS charge is required, you must access the IHS payment portal to amend the IHS liability on the applicant’s record. Further information on issuing top-up links can be found within the ‘IHS Top-up’ section of the Immigration Health Surcharge guidance.

In most circumstances, biometric information, in the form of a facial photograph and fingerprints for those aged over 5 years and physically capable, must be provided at a Visa Application Centre (VAC) for overseas applications. Applicants who are under 5 are not required to provide their fingerprints but must still provide a digital photo of their face at a VAC. Details of an applicant’s nearest VAC will be identified when they complete their application online via GOV.UK. There is a mandatory charge for applicants to use some VACs, and our commercial partners may offer optional charged services.

Further information on circumstances where it may be appropriate for the requirement to enrol biometrics to be deferred or excused can be found in the Biometric information - enrolment and Biometric enrolment guidance – unsafe journeys guidance.

Where an applicant is applying from outside the UK, they will need to provide a valid TB certificate if they have been residing in a country listed in Appendix Tuberculosis (Appendix TB) of the Immigration Rules for the 6 months immediately preceding the

application. Further information regarding which applicants are required to obtain a TB certificate before applying and the valid test centres can be found on GOV.UK.

Permission to stay

Applicants within the UK applying for permission to stay must use the paper FLR(P) application form available on GOV.UK.

When you create the case on Atlas, you must select ‘Other’ and type ‘Permission to stay – TO JOIN RELATIVE’ in the free text box.

Where the fees associated to the permission to stay application are unaffordable, applicants can submit a paper fee waiver. Fee waiver requests, which will be considered before and separate to the permission to stay application (FLR(P)), must be considered in accordance with the Fee waiver: Human Rights-based and other specified applications guidance.

The paper FLR(P) application form, alongside the corresponding paper fee waiver request form (where provided), and any accompanying evidence, must be sent together at the same time to the following address:

FLR (P) AFCC CSU
Level 0 Riverside, The Capital building Liverpool
L3 9PP

If an applicant’s request to waive the application fee and IHS is successful, they must be notified and must not be requested to pay these fees.

If an applicant’s partial fee waiver request (just the IHS) is successful, they must be notified and must not be requested to pay the IHS. As such, if they have already provided their payment details for the application fee on their permission to stay application form (FLR(P) form), you should take payment for the application fee. If the applicant has not provided their payment details for the application fee on their permission to stay application form (FLR(P) form), they will then need to complete and return a payment slip to pay their application fee which is available on GOV.UK. The payment slip must be returned by post within 14 days of the same date they received notice of their successful partial fee waiver (just the IHS) and the outstanding requirement to pay the application fee.

If an applicant’s whole (application fee and IHS) or partial (just the IHS) fee waiver request is unsuccessful, you should send the applicant a top-up link to pay the required amount of IHS via email within 10 working days (which excludes bank holidays and weekends) of receipt of that email. Where payment of the IHS charge is required, you must access the IHS payment portal to amend the IHS liability on the applicant’s record. Further information on issuing top-up links can be found within the ‘IHS Top-up’ section of the Immigration Health Surcharge guidance. If the applicant pays the correct amount of IHS, you must then continue the decision making process for the permission to stay application under Appendix CNP. As such, if they have already provided their payment details for the application fee on their permission to stay application form (FLR(P)), if the IHS has been paid within 10 working days (which excludes bank holidays and weekends) of receiving instructions to do so by email, you should take payment for the application fee. If the applicant has not provided their payment details for the application fee on their permission to stay application form (FLR(P)), they will then need to complete and return the payment slip to pay their application fee which is available on GOV.UK. The payment slip must be returned by post within 10 working days (which excludes bank holidays and weekends), of the same date they received the top-up link to pay the IHS, to the same address on they sent their FLR(P) form to.

Applicants are required to enrol their biometric information and must be notified of how to enrol their biometrics at a Service and Support Centre (SSC), once they have either paid the relevant fees, or had the relevant fees waived, in relation to their permission to stay application. Details of an applicant’s nearest SSC can be found at GOV.UK. For applicants over 5 years of age, this will be a scan of their fingerprints and a digital photograph. Applicants who are under 5 are not required to provide their fingerprints but must still provide a digital photo of their face at a SSC.

Settlement

Applicants within the UK applying for settlement must use the ‘FLR(DL)’ application form on the GOV.UK website.

When you create the case on Atlas, you must select ‘Other’ and type ‘Settlement- TO JOIN RELATIVE’ in the free text box.

There is no fee waiver available for settlement applications.

Applicants are required to enrol their biometric information and must be notified of how to enrol their biometrics at a Service and Support Centre (SSC). Details of an applicant’s nearest SSC can be found at GOV.UK. For applicants over 5 years of age, this will be a scan of their fingerprints and a digital photograph. Applicants who are under 5 are not required to provide their fingerprints but must still provide a digital photo of their face at an SSC.

Considering entry clearance and permission to stay applications

All applications for entry clearance and permission to stay under Appendix Child Staying with or Joining a Non-Parent Relative (Appendix CNP) must be considered by applying paragraphs CNP 1.1. to CNP 6.2. in accordance with this guidance. This section sets out the four-stage decision-making process: validity, suitability, eligibility and decision.

Any reference to ‘application’ in this section should be considered as meaning an application for entry clearance or permission to stay.

Validity

Definition of a valid application

Paragraphs CNP 1.1. to CNP 1.2. of Appendix CNP sets out the validity requirements an application must meet in order to be considered valid. This includes:

  • the applicant has applied for entry clearance or permission to stay using the specified form as follows:
    • for applicants outside of the UK, form “Child of a non-parent relative with protection status in the UK”
    • for applicants in the UK, form “FLR(P)”
  • any fee and IHS must have been paid (unless the applicant has been granted a fee waiver in whole or part)
  • the applicant must have provided biometrics when required
  • the applicant must have satisfactorily established their identity and nationality
  • the applicant’s non-parent relative must currently have protection status in the UK
  • the applicant must be under the age of 18 on the date of application

Eligible sponsors

In all cases you must be satisfied that the non-parent relative sponsor currently has protection status in the UK which is defined as permission to stay on a protection route.

Permission to stay on a protection route includes individuals with refugee leave, refugee permission to stay, temporary refugee permission to stay, humanitarian protection and temporary humanitarian protection.

This also includes resettlement schemes which confer permission to stay on a protection route such as:

If the non-parent relative sponsor is settled, for example, has settlement on a protection route, has Indefinite Leave to Remain or is a British Citizen, they are not an eligible sponsor and therefore, the application would not meet paragraph CNP.1.2 (d). This is because alternative routes exist for children seeking to settle, and join a sponsor who is settled in the UK - for more information see Annex FM 3.1: children guidance for applications made under paragraph 297 overseas and Annex FM 3.2: children guidance for applications made under paragraph 298 within the UK.

You must ensure that the sponsor’s protection status is not under reconsideration and has not been revoked by checking the sponsor’s status on the case working system.

Revocation of the sponsor’s protection status

Where an application is made, the information submitted will be reviewed against any information provided by the sponsor as part of their original protection claim or any subsequent application.

If this review gives rise to evidence of deception and misrepresentation by the sponsor in their protection claim or evidence that the sponsor has re-availed themselves of the protection of their country of origin, this will lead to a review of their entitlement to protection in the UK – see revocation of protection status guidance.

You should be mindful that applicants may not always know the full details of the sponsor’s protection claim due to, for example, prolonged separation or security reasons. You should also not disclose to the applicant why their sponsor has sought protection in the first place.

Application does not meet all of the validity requirements

See the validation, variation and withdrawal of applications guidance for further information on considering the validity requirements set out under paragraphs CNP 1.1. to CNP 1.2.

If an application for entry clearance or permission meets paragraph CNP 1.3., email Administrative policy.

If the application is valid

If the application meets all of the validity requirements under paragraphs CNP 1.1. to CNP 1.2. you must continue the decision making process and go on to consider whether suitability requirements are met.

Suitability

Under paragraph CNP 2.1. you must be satisfied that that the application should not be refused under Part 9: grounds for refusal.

Addressing suitability

As part of your suitability consideration, and in line with safeguarding duties under Section 55 of the Borders, Citizenship and Immigration Act 2009, decision makers should conduct checks both on the sponsor and applicant.

In considering whether the application should not be refused under Part 9: grounds for refusal, you must refer to the:

  • Criminality guidance
  • Restricted leave guidance
  • Grounds for refusal guidance
  • Previous breach of immigration laws guidance
  • False representations guidance

Care must be taken where the suitability ground states that an application may be refused – these are non-mandatory grounds and caseworkers must ensure any reasons that justify not normally refusing the application have been taken into account.

Where an applicant will normally be refused if they fail to meet these suitability requirements or may be refused if they fail to meet these suitability requirements, you should look at the nature of the suitability issues being considered in the context of the application as a whole. You should decide whether those issues are sufficiently serious to refuse on the basis of suitability (bearing in mind that anything which comes within these criteria should normally or may be refused) or whether there are compelling reasons to decide that the applicant meets the suitability criteria. This will be a case-specific consideration.

Where you are satisfied that the applicant should not be refused under Part 9: grounds for refusal, you must continue the decision making process and go on to consider whether the application meets the eligibility requirements.

Refusal on the grounds of suitability

Where the applicant meets a ground for refusal under Part 9: grounds for refusal, (excluding paragraph 9.2.1, paragraph 9.2.3, paragraph 9.3.1, paragraph 9.4.1 or paragraph 9.5.1) you should consider whether a refusal of their application would breach Article 8 of the Human Rights Convention, because it would result in unjustifiably harsh consequences for the applicant or their family – see Article 8 of the Human Rights Convention section.

If you are satisfied that the applicant should be refused under Part 9: grounds for refusal because they meet paragraph 9.2.1, paragraph 9.2.3, paragraph 9.3.1, paragraph 9.4.1 or paragraph 9.5.1, the application must be refused.

Where a person has a custodial sentence and is in the UK, they may meet the threshold for deportation. You must refer the case to the Foreign National Offender (FNO) Returns Command for them to consider whether to pursue deportation. You should also refer the case to FNO Returns Command where there is a live deportation order.

In circumstances where there is an established Article 8 barrier to deportation and FNO Returns Command have confirmed they do not have a continued interest in pursuing deportation because of this barrier, consideration of a grant of leave outside the Rules for 30 months on Article 8 grounds may be granted for the above suitability grounds, except paragraph 9.2.1. and paragraph 9.2.3. of Part 9: Grounds for Refusal. Whilst the Secretary of State retains discretion as to the conditions of such permission, it will normally be appropriate to grant such permission with permission to work, permission to study but no recourse to public funds.

For applicants falling for refusal under 9.2.1, 9.2.3. and 9.5.1. with an ECHR barrier to removal or deportation, consideration should be given to the Restricted leave guidance. Potential restricted leave referrals must be emailed to Special Cases General Enquiries and to Criminality Policy.

Eligibility

Under paragraph CNP 3.1. you must be satisfied the applicant meets the independent life and care requirement for a dependent child in Appendix Children. You should assess this in accordance with the Appendix Children guidance.

As contained within paragraph CNP 3.2. you must be satisfied to the required standard of proof that the applicant has no family other than the non-parent relative in the UK that could reasonably be expected to support or care for them. In all cases, it is the responsibility of the applicant to satisfy the decision maker that they meet the requirements, on the balance of probabilities, and you should expect the applicant to provide a reasonable explanation, supported by evidence, as to their circumstances, who is caring for them, or why they meet this requirement - see evidence section.

This requirement and policy aim is consistent with the internationally accepted principle, and in line with Section 55 (see application in respect of children section), that a child should first and foremost be cared for by their parent or, if this is not possible, by their natural relatives in the country in which the child lives. Serious and compelling circumstances under Appendix CNP, such that a child has no family other than the non-parent relative in the UK that could reasonably be expected to support or care or them, may include, for example:

  • the child’s parents are deceased, and has no other surviving family
  • the whereabouts of parents or relatives in their own country are unknown and no one other than the sponsor in the UK can reasonably be expected to look after the child
  • there are safeguarding concerns in relation to the child remaining in their own country or in the country where the child resides

As mentioned above, you should consider this requirement in line with Section 55 (see application in respect of children section) and determine whether there is anyone in the country where the applicant is living who can reasonably provide the required level of support or care. This might be a close family member: brother, sister, parent, grandparent, or a wider family member.

If an applicant has more than one close family member in the country where they are living, those family members may be able to pool resources to reasonably provide the required support or care for the child.

The concept of whether another person can “reasonably” provide support or care for the child may require consideration of such matters including the location of that person, their own circumstances and that of others around them, other commitments, and their willingness to provide such care. The fact that a person or organisation has been providing care for a period may suggest that they can continue to do so. However, if evidence is provided as to the temporary nature of such care, or as to a change in circumstances, this must be carefully considered.

The provision of the care in the applicant’s home country must be reasonable both from the perspective of the provider of the care and the perspective of the applicant.

You should bear in mind any relevant other factors, such as cultures or countries where women are unlikely to be able to provide support in some circumstances. Where an application does not meet paragraph CNP 3.1. and/ or paragraph CNP 3.2 you should refer to the Article 8 of the Human Rights Convention section to determine whether a refusal would breach Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family.

Relationship requirements

Under paragraph CNP 4.1. you must be satisfied that the applicant has an existing, genuine family relationship with their non-parent relative in the UK.

This requirement seeks to safeguard children by ensuring that the relationship with the non-parent relative in the UK has not recently begun or fabricated for the purposes for facilitating an application submitted under Appendix CNP as well as ensure that the child is joining genuine family, rather than a stranger. For example, a child may be seeking to stay with or join a genuine non-parent relative, their aunt, but not have a relationship with them. Conversely, a child may have a relationship with someone who they consider to be their aunt, but this may not be a genuine non- parent relative relationship.

When assessing this requirement, you should be mindful that it may be easier for a 16-year-old child to evidence an existing and genuine relationship with their non- parent relative, as opposed to a much younger child. You should remind yourself of the intention behind this requirement and consider whether, on the balance of probabilities, you are satisfied that there is an existing, genuine relationship – see proof of relationship section.

In addition to this, under paragraph CNP 4.2. you must be satisfied to the required standard of proof that the non-parent relative in the UK is a close relative of the child. “Close relative” is defined within paragraph 6 of the Immigration Rules and means a grandparent, brother, sister, step-parent, uncle (brother or half-brother of a child’s parent) or aunt (sister or half-sister of a child’s parent) who is aged 18 or over.

The intention of this requirement is to ensure children applying under Appendix CNP are actually joining a non-parent relative with which they have a close family relationship. This requirement seeks to ensure that there is a long-term and sustainable relationship between the applicant and sponsor. Guidance on GOV.UK makes clear that a child under the age of 16 being looked after by someone other than their close relative for more than 28-days needs a private fostering assessment by the local authority to determine whether the child is being safely and properly cared for in the UK.

When considering applications, you must be satisfied to the required standard of proof that the evidence produced establishes the close relative relationship between the child and non-parent relative and carefully consider any explanations for a lack of evidence to reach an informed decision – see evidence section.

Where an application does not meet paragraph CNP 4.1. and/or paragraph CNP 4.2. you should refer to the Article 8 of the Human Rights Convention section to determine whether a refusal would breach Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. If you decide that a grant of permission is appropriate on this basis, where paragraph CNP 4.2. is not met and the child is under the age of 16 (or under 18 if disabled), you must inform the local authority about the child to enable a social worker to conduct a private fostering assessment.

Maintenance and accommodation requirements

Under paragraph CNP 5.1. the non-parent relative in the UK must be able to provide adequate maintenance and accommodation for the applicant without reliance on public funds. To consider whether this requirement is met, you must refer to the Family Migration: Appendix FM and Adult Dependent Relative – Adequate maintenance and accommodation guidance.

When considering paragraph CNP 5.1., the applicant must provide evidence of funds as specified within Appendix Family Members Specified Evidence (Appendix FM-SE) as set out under paragraph CNP 5.2.

Article 8 of the Human Rights Convention

The Immigration Rules set out in Appendix CNP and Part 9 reflect the weight to be given to the Article 8 ‘public interest considerations’, as expressed by Parliament in primary legislation (in Part 5A of the Nationality, Immigration and Asylum Act 2002). These include, in particular, the public interest in maintaining effective immigration

controls, in preventing burdens on the taxpayer, and in protecting the public and the rights and freedoms of others. The relevant Rules therefore reflect the position of the Secretary of State, approved by Parliament, as to proportionality under Article 8 in cases decided under Appendix CNP. In so doing, they provide the basis for a clear, consistent and transparent decision-making process. A decision made in accordance with the Appendix CNP Rules, including paragraphs CNP 6.1 to CNP 6.2. is in accordance with the duty under Article 8 of the ECHR.

Family life for the purposes of Article 8 is usually, but not always, limited to the relationship between parents and minor children, and partners or spouses. In respect of other relationships, including those between parents and adult children, adult and minor siblings, and other familial ties, family life within the meaning of Article 8 will not normally be deemed to exist absent further elements of dependency which go beyond normal emotional ties. Whether family life exists is a question of fact depending on the existence, nature, extent, and form of personal ties. The caselaw is constantly evolving in this respect.

To determine whether family life exists, such that Article 8 is engaged, broadly speaking, you should ask yourself:

  • is there evidence that the applicant and sponsor have a genuine family life together?
  • how frequently does the applicant communicate with the sponsor, within what is practicably possible?
  • if the relationship is between adult family members or wider family members, is there evidence of an unusual or exceptional level of dependency such that Article 8 is engaged?

Unjustifiably harsh consequences

Once you are satisfied that family life exists such that Article 8 is engaged, you must consider on the basis of the information provided by the applicant whether a refusal would be a breach of Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. You should consider the impact on each family member raised in the application, as well as the family unit as a whole.

As mentioned in the application in respect of children section of this guidance, the Immigration Rules take into account the need to safeguard and promote the welfare of children. The duty in Section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of a child in the UK, together with Article 3 of the UN Convention on the Rights of the Child, means that consideration of the child’s best interests must be a primary consideration in immigration decisions affecting them. This guidance, and the Immigration Rules it covers, form part of the arrangements for ensuring that we give practical effect to these obligations. In conducting your Article 8 assessment, you must take into account, as a primary consideration, the best interests of any relevant child affected by the decision.

You should consider all relevant factors in the light of all the information and evidence provided by the applicant when deciding whether to grant permission under

Article 8 of the ECHR. Relevant factors include, but are not limited to the nature and extent of the family relationships involved, such as:

  • the circumstances giving rise to the applicant being separated from their family
  • the impact of a mental or physical disability or of a serious illness which requires ongoing medical treatment
  • the likely impact on the sponsor, and their family, if the application is refused
  • the best interests of any relevant child
  • can family life continue or resume overseas?

All cases to some extent are unique, but in consideration of these factors, you should determine whether a refusal of the application is proportionate and will not result in unjustifiably harsh consequences.

You should assess whether family life can continue or resume overseas and consider whether there are obstacles to family life or continuing in any of the relevant countries other than the UK. A significant amount of hardship or inconvenience does not amount to an unjustifiably harsh consequence. You should note that the fact that a refusal may, for example, result in the continued separation of family members does not in of itself constitute unjustifiably harsh consequences, particularly where the family have commenced or continued their relationships in separate countries.

‘Unjustifiably harsh consequences’ are ones which involve a harsh outcome or outcomes for the applicant (or their family) which is not justified by the public interest, including in maintaining effective immigration controls, preventing burdens on the taxpayer, promoting integration and protecting the public and the rights and freedoms of others. Therefore, this bar must be necessarily high.

You should refer to the Family life (as a partner or parent) and exceptional circumstances guidance, including the ‘relevant factors’ section, when considering this requirement under paragraph CNP 6.1. You should also refer to the Adult dependent relatives guidance.

Given the nature of the route, consideration should also be given as to whether the applicant is in a conflict zone or dangerous situation. Where an application raises a protection need, you should be mindful that this route is not a protection route, and asylum cannot be claimed from outside the UK. Individuals should apply for asylum in the first safe country they reach.

Compelling compassionate factors

Compassionate factors are, broadly speaking, exceptional circumstances that warrant a grant of discretionary leave not related to Article 8 or any other ECHR reason.

If any compassionate factors are raised in the application, which are different matters to those already considered under the Rules or under Article 8 of the ECHR, caseworkers should consult the Leave Outside the Rules (LOTR) guidance. Such factors could relate to other ECHR Articles and non-ECHR matters, and could include:

  • emergency or unexpected event
  • a crisis, disaster or accident that could not have been anticipated

You must ensure that where an applicant is granted limited permission to stay on the basis of compelling compassionate factors, the decision letter clearly shows that the grant has been given outside the Immigration Rules on the basis of compelling compassionate factors and must be clear that the grant is not being made on the basis of their Article 8 or any other ECHR rights.

The applicant should demonstrate as part of their application what the compelling compassionate factors are in their case, and/or what unjustifiably harsh consequence would be faced should they be refused permission to enter or remain in the UK. Each case must be decided on its individual merits.

If compelling compassionate factors are not raised in the application, you do not need to consult the LOTR guidance and consider whether a grant of LOTR is appropriate.

Decisions

Grant

Applicants who meet paragraph CNP 7.1. and should not be refused under this paragraph, will be granted permission which expires at the same date as their non- parent relative sponsor in the UK, in accordance with paragraph CNP 8.1. Applicants granted permission under paragraph CNP 8.1. are not granted ‘status in line’, but ‘leave in line’, because the assessment as to whether a person has a protection need is an individual assessment.

The endorsement you must use when granting an entry clearance application on Proviso is:

Endorsement: To Join Relative

CAT D Endorsement: Code 1 (or Code 1A if CNP 8.2 applies) Add Endorsement: Initial and surname of UK based sponsor

Duration: until the end date of the UK based sponsor’s permission

BRP: Yes, if permission is being granted for longer than 6 months

When recording the outcome of a permission to stay application on Atlas you must select ‘Permission to stay’.

Grant conditions

Where permission is granted under paragraph CNP 8.1. this will be subject to the following conditions set out under paragraph CNP 9.1.:

  • no access to public funds (unless CNP 9.2. applies)
  • work permitted (including self-employment and voluntary work)
  • study is permitted, subject to the ATAS condition in Appendix ATAS

If permission is granted under CNP 8.1. the applicant’s permission will not be subject to a no access to public funds condition under CNP 9.2. if you are satisfied that:

  • the non-parent relative in the UK is destitute as defined in section 95 of the Immigration and Asylum Act 1999, or is at risk of imminent destitution
  • there are reasons relating to the welfare of the applicant which outweigh the considerations for imposing or maintaining the condition (treating the best interests of a relevant child as a primary consideration)
  • the applicant is facing exceptional circumstances affecting their income or expenditure

You may need to make further enquiries to establish whether the above criteria have been met.

When deciding whether to allow access to public funds, the best interests of a relevant child must be treated as a primary consideration.

‘Relevant child’, for the purposes of paragraph CNP 9.2. means:

  • an individual under the age of 18 at the date of application
  • an individual who, based on the information provided, would be affected by a decision to impose or maintain the no access to public funds condition

Where the above criteria have not been met, you must not grant access to public funds.

For guidance on assessing when to grant access to public funds see permitting access to public funds guidance.

Grant outside of the Immigration Rules

Where you determine that an entry clearance application does not meet the requirements of Appendix CNP, but there are compelling, compassionate factors raised which justify a grant of permission outside the requirements of the Immigration Rules in accordance with the Leave Outside the Rules (LOTR) guidance, you must refer the application to the Referred Casework Unit (RCU) for authorisation.

Permission should be granted up to a maximum of 33 months for entry clearance and 30 months for permission to stay, in accordance with the Leave Outside the Rules (LOTR) guidance. Applicants granted LOTR have no recourse to public funds unless sufficient evidence to show why this condition should not be applied has been provided.

Refusal

Where you determine that an application does not meet the requirements of the Rules under Appendix CNP, and where there are no compelling compassionate factors raised which may justify a grant of LOTR, you must refuse the application. The decision letter should detail the reasons for refusal under the relevant paragraph of the Rules, and where relevant, outside of the Rules.

Appeals

Where an applicant is not content with the outcome of their application, they can lodge an appeal on the decision. Appeals can be lodged online or by post.

For guidance on rights of appeals against immigration decisions, see the rights of appeal guidance. Instruction on how to implement an appeal that is allowed and is not being challenged can be found in the implementing allowed appeals guidance.

Considering settlement applications

All applications for settlement under Appendix Child Staying with or Joining a Non- Parent Relative (Appendix CNP) must be considered by applying paragraphs CNP 10.1. to CNP 14.1. in accordance with this guidance. This section sets out the 4 stage decision-making process: validity, suitability, eligibility and decision.

Validity

Definition of a valid application

Paragraphs CNP 10.1. to CNP 10.2. of Appendix CNP sets out the validity requirements which an application must meet in order to be considered as valid. This includes:

  • the applicant has applied for settlement using the specified form “FLR(DL)”
  • any fee must have been paid
  • the applicant must have provided biometrics when required
  • the applicant must be in the UK on the date of application
  • the applicant must have satisfactorily established their identity and nationality
  • the applicant must have, or at least had, permission to stay with or join their non-parent relative in the UK under Appendix CNP
  • the non-parent relative must either:
    • have made a separate but valid application for settlement in the UK, which has not yet been decided
    • be already settled in the UK, providing they had protection status when they settled.

Eligible sponsor

In all cases you must be satisfied that the non-parent relative sponsor has submitted a valid application for settlement in the UK, which has not been decided, or is already settled, providing they had protection status when they settled.

If the non-parent relative sponsor has permission to stay on a protection route, including refugee leave, refugee permission to stay, temporary refugee permission to stay, humanitarian protection and temporary humanitarian protection, and they have not submitted a valid application for settlement in the UK which has not been decided, they are not eligible to sponsor the applicant’s settlement application and therefore, the application will be invalid because it does not meet validity requirements.

Application does not meet all of the validity requirements

See the validation, variation and withdrawal of applications guidance for further information on considering the validity requirements set out under paragraphs CNP 10.1. to CNP 10.2.

If an application for entry clearance or permission meets paragraph CNP 10.3., email Administrative policy.

If the application is valid

If the application meets all of the validity requirements under paragraphs CNP 10.1. to CNP 10.2. you must continue the decision making process and go on to consider whether suitability requirements are met.

Suitability

Under paragraph CNP 11.1. you must be satisfied that that the application should not be refused under Part 9: grounds for refusal. You should refer to the entry clearance and permission to stay suitability section within this guidance.

Eligibility

Under paragraph CNP 12.1. you must be satisfied the applicant meets the independent life and care requirement for a dependent child in Appendix Children. You should assess this in accordance with the Appendix Children guidance.

English language requirement

Under paragraphs CNP 13.1. to CNP 13.2. you must be satisfied that the applicant has shown English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1, unless an exemption applies such as the applicant being aged under 18.

In considering whether the applicant meets this requirement, you must refer to the English language requirement guidance.

Knowledge of Life in the UK requirement

Under paragraph CNP 14.1. you must be satisfied that the applicant meets the knowledge of life requirement unless an exemption applies such as the applicant being aged under 18.

In considering whether the applicant meets this requirement, you must refer to Knowledge of Language and Life in the UK requirement guidance.

Decision

Grant

Applications which meet all the suitability and eligibility requirements will be granted settlement under paragraph CNP 15.1.

When recording the outcome on Atlas you must select ‘Settlement’.

Refusal

If you are not satisfied that the applicant meets all the suitability and eligibility requirements for settlement, the application must be refused under paragraph CNP 15.2.

Evidence

The onus is on the individual making an application under Appendix Child Staying with or Joining a Non-Parent Relative (Appendix CNP) to provide sufficient evidence to demonstrate they meet the requirements of the Rules or if relevant, the Leave Outside the Rules (LOTR) policy.

You must be mindful of the difficulties individuals may face in providing documentary evidence. Those fleeing conflict zones or dangerous situations may not have time to collect supporting documents or have realised they would be required. In addition, you should be aware that governments of other countries may not always issue the same types of documents as would be expected in the UK.

Genuine documentation may not be readily available for a number of reasons:

  • applicants may have needed to leave their home under duress and without the time or capacity to collect documents
  • there may not have been a functioning administrative authority to issue documents such as birth certificates or even passports
  • the applicant may also be reluctant to approach authorities, which may have prevented what would otherwise be a standard administrative process
  • documents may have been lost or destroyed in the conflict or on the journey to safety
  • original documents could not be issued due to there being no authority to issue in the country of the sponsor or applicant

All evidence submitted must meet the civil law standards, which is the balance of probabilities. You must consider whether, after looking at all the evidence, it is more likely than not that the requirements under Appendix CNP, or where relevant the LOTR policy, are met.

Documents provided with the application must be originals and applicants should provide photocopies documents including any pages of their passport(s) that contain personal details, visas or immigration stamps (foreign or UK). These do not have to be notarised by a solicitor or legal representative but they should be high quality and in colour so that you can examine the documents.

If the applicant is unable to provide the original document, you may accept a copy certified by the body or authority which issued the original (for example, a copy of a savings book certified by the building society or bank), or by a notary.

Where original documents are not available to submit with any application, the onus is on the applicant to provide a reasonable alternative or an explanation of their absence, including any attempts to obtain them.

Where the applicant has submitted false documents or evidence, whatever the motives for so doing, this may lead to refusal – see false representations guidance.

Requesting further evidence

In cases where an application cannot be decided based on the information provided, you may ask for further evidence. Requests for further evidence should bear in mind the situation which has prompted the applicant to leave their country of origin or habitual residence as well as the circumstances which led the applicant to apply under Appendix CNP. For example, the applicant may be residing in a refugee camp or informal settlement without easy access to the internet, telephone or postal services and may have fled their home with few belongings. They may not be in a position to provide further documents or have any safe or regular access to the internet.

Most applications are considered on the information provided in the application form, the supporting evidence that the applicant submits and the results of other checks and enquiries about the sponsor and applicant. If you consider that an explanation about the lack of documents or further evidence is required, appropriate enquiries should be made through either the applicant’s representative or by arranging a telephone call to the sponsor or applicant. If you are still not satisfied with the evidence, you may arrange an interview with the sponsor in the UK and/or with the applicant overseas. In some cases, it may be appropriate to interview the applicant or sponsor either by telephone or in person, depending on the circumstances of the case. Where this is appropriate, the relevant safeguards must be put in place, such as the child’s legal guardian and legal representative being present.

See Suitability failure to provide required information, attend interview guidance.

Proof of identity

In all cases, it is the responsibility of the applicant to satisfy the decision maker about their identity. In most circumstances, applicants can achieve this by providing a valid travel document, such as a passport, and enrolling their biometric information which can be linked at a Visa Application Centre (VAC) or a UKVI Service and Support Centre (SSC). This enables you to complete all the available checks on the individual at their disposal and that there are no contra-indicators to suggest the claimed identity to be false.

Further information on circumstances where it may be appropriate for the requirement to enrol biometrics to be deferred or excused can be found in the Biometric information - enrolment and Biometric enrolment guidance – unsafe journeys guidance.

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In the absence of biometrics, where it comes to establishing identity, the standard of proof is to the balance of probabilities. Applicants must submit all original documents or scanned copies that they are able to provide to establish their identity. This could include:

  • a passport or travel document (in date or expired)
  • national identity cards
  • other official documents, such as, for example, a birth certificate, driving licence, adoption certificate, or United Nations High Commissioner for Refugees (UNHCR) registration and/or International Organization Migration (IOM) registration

Where the applicant is unable to provide evidence to support their identity - see evidence section.

Proof of relationship

In all cases, it is the responsibility of the applicant to satisfy the decision maker that the relationship requirements are met. You will consider to the balance of probabilities to identify whether there is sufficient evidence to prove the applicant meets the relevant requirement. This could include:

  • DNA evidence offered voluntarily at the applicant’s expense from an accredited laboratory as set out in Home Office DNA policy guidance
  • family books
  • birth certificates
  • biometric immigration document or original letter from UKVI or Immigration Enforcement (IE) confirming the sponsor has permission to stay and status as claimed
  • family photographs that are clear and of good quality
  • witness statements (from the sponsor and applicant, family members)
  • communication records (telephone records, emails and letters for the period they have been apart, or social media messages)
  • financial transfer records such as bank statements
  • any other evidence indicating the relationship is as claimed

English translations must be provided otherwise you will be unable to verify these documents and therefore use them as supporting evidence of a relationship.

You must take into account any other evidence previously available to the Home Office as part of any other application. For example, evidence submitted as part of the asylum claim (statement of evidence form (SEF), witness statements, asylum interview or evidence from any appeal hearing). Where there are factors that undermine the credibility of the application, you must consider refusing the application. The fact that family members have been mentioned in the asylum claim is a strong indication that the relationship exists.

You may defer the application and make further enquiries into the evidence to assess whether the relationship is as claimed. Further information is available in the document verification guidance.

DNA testing

The onus lies on applicant to provide sufficient evidence that they are related to their non-parent relative. You must not require DNA evidence. Applicants can choose to volunteer DNA evidence from an accredited testing laboratory either proactively or in response to an invitation to submit further relevant evidence, which may include DNA evidence. Where applicants choose not to volunteer DNA evidence, no negative inferences can be drawn from this.

Further information is available in the Home Office DNA policy guidance.

Cases where a dependant’s age is disputed

Where an application is made under Appendix CNP, where the applicant claims they are a child, then you must be satisfied that the applicant is in fact a child as claimed. If there is any doubt about a child’s age, consideration should be given to interviewing individuals to make an initial assessment of age. In such cases, all available sources of relevant information and evidence should be considered since no single assessment technique, or combination of techniques, is likely to determine the applicant’s age with precision. There may be circumstances where the applicant’s passport or travel document may contain false information. For example, the facial photo clearly does not resemble the claimed biographic because the image shows a person who is clearly older than the stated date of birth.

Further information on the evidence which will be accepted to evidence the applicant’s age, in addition to disputing age can be found in the Assessing age guidance.

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