Immigration Rules Appendix Child staying with or joining a Non-Parent Relative (Protection)

Appendix Child staying with or joining a Non-Parent Relative (Protection)

Appendix Child staying with or joining a Non-Parent Relative (Protection), is also known as Appendix CNP.

Under Appendix CNP, a child may apply for either entry clearance or permission to stay with or join their non-parent relative who has protection status in the UK and is not settled.

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.

There is a separate entry clearance route for a child to join a relative who is settled in the UK under paragraph 297 of Part 8.

Entry clearance or permission to stay with or join a non-parent relative

Validity requirements for entry clearance or permission to stay with or join a non-parent relative

  1. CNP 1.1. A person applying for entry clearance or permission to stay with or join their non-parent relative in the UK must apply on the GOV.UK website on the specified form as follows:
    1. (a) for applicants outside the UK, form “Child of a non-parent relative with protection status in the UK”; or
    2. (b) for applicants in the UK, form “FLR (P)”.
  1. CNP 1.2. An application for entry clearance or permission to stay with or join a non-parent relative in the UK must meet all the following requirements:
    1. (a) any fee and Immigration Health Charge must have been paid (unless the applicant has been granted a fee waiver in whole or part); and
    2. (b) the applicant must have provided biometrics when required; and
    3. (c) the applicant must have satisfactorily established their identity and nationality; and
    4. (d) the applicant’s non-parent relative must currently have protection status in the UK; and
    5. (e) the applicant must be under the age of 18 on the date of application.

CNP 1.3. An application which does not meet all the validity requirements for entry clearance or permission to stay with or join a non-parent relative in the UK may be rejected as invalid and not considered.

Suitability requirements for entry clearance or permission to stay with or join a non-parent relative

CNP 2.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.

Eligibility requirements for entry clearance or permission to stay with or join a non-parent relative

  1. CNP 3.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
    1. (a) independent life requirement; and
    2. (b) care requirement; and
  2. CNP 3.2. The decision maker must be satisfied 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.

Relationship requirements for entry clearance or permission to stay with or join a non-parent relative

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

CNP 4.2. The non-parent relative must be a close relative of the applicant.

Maintenance and accommodation requirements for entry clearance or permission to stay with or join a non-parent relative

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.

CNP 5.2. The applicant must provide evidence of funds as specified in Appendix FM-SE.

Eligibility under Article 8 of the Human Rights Convention for entry clearance or permission to stay with or join a non-parent relative

CNP 6.1. Where the applicant does not meet all the suitability or eligibility requirements (subject to CNP 6.2), the decision maker must be satisfied that refusal of the application would not breach Article 8 of the Human Rights Convention because it would result in unjustifiably harsh consequences for the applicant or their family.

CNP 6.2. Where CNP 6.1. applies and the decision maker is satisfied that the applicant should be refused under paragraph 9.2.1, paragraph 9.2.3, paragraph 9.3.1, paragraph 9.4.1 and paragraph 9.5.1 of Part 9: grounds of refusal, the application to stay with or join a non-parent relative in the UK will be refused.

Decision on an application for entry clearance or permission to stay with or join a non-parent relative

CNP 7.1. Where the decision maker is satisfied that all the relevant eligibility requirements are met, unless paragraph CNP 6.2. applies, the application will be granted permission which expires on the same date as their non-parent relative’s permission in the UK; otherwise, the application will be refused.

Period of grant for entry clearance or permission to stay with or join a non-parent relative

CNP 8.1. The applicant will be granted permission which expires on the same date as their non-parent relative’s permission in the UK.

Conditions of grant for entry clearance or permission to stay with or join a non-parent relative

  1. CNP 9.1. The applicant’s permission will be subject to the following conditions:
    1. (a) no access to public funds, unless CNP 9.2. applies; and
    2. (b) work permitted (including self-employment and voluntary work); and (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
  1. CNP 9.2. Where the decision maker is satisfied that:
    1. (a) 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; or
    2. (b) 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); or
    3. (c) the applicant is facing exceptional circumstances affecting their income or expenditure;
  2. then the applicant’s permission will not be subject to a condition of no access to public funds.
  1. CNP 9.3. For the purposes of CNP 9.2, ‘relevant child’ means a person who:
    1. (a) is under the age of 18 years on the date of application; and
    2. (b) would be affected by a decision to impose or maintain the no access to public funds condition based on the information provided by the applicant.

Settlement to stay with a non-parent relative

Validity requirements for settlement to stay with a non-parent relative

CNP 10.1. A person in the UK applying for settlement to stay with their non-parent relative in the UK must apply on the specified form “Apply to extend your stay or apply for indefinite leave to remain if your asylum claim has been refused and you have been given discretionary leave, or apply for settlement to stay with a non-parent relative (FLR (DL))”.

  1. CNP 10.2. An application for settlement to stay with a non-parent relative in the UK must meet all the following requirements:
    1. (a) any fee must have been paid; and
    2. (b) the applicant must have provided biometrics when required; and
    3. (c) the applicant must be in the UK on the date of application; and
    4. (d) the applicant must have satisfactorily established their identity and nationality; and
    5. (e) the applicant must have, or have last had, permission to stay with or join their non-parent relative in the UK under Appendix CNP; and
    6. (f) the applicant’s non-parent relative must:
      1. (i) have made a separate but valid application for settlement in the UK, and that application has not yet been decided; or
      2. (ii) be already settled in the UK, providing they had protection status when they settled.

CNP 10.3. An application which does not meet all the validity requirements for settlement to stay with their non-parent relative in the UK may be rejected as invalid and not considered.

Suitability requirements for settlement to stay with a non-parent relative

CNP 11.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.

Eligibility requirements for settlement to stay with a non-parent relative Requirements for settlement to stay with a non-parent relative

  1. CNP 12.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
    1. (a) independent life requirement; and
    2. (b) care requirement.

English language requirement for settlement to stay with a non-parent relative

CNP 13.1. Unless an exemption applies, the applicant must show English language ability on the Common European Framework of Reference for Languages in speaking and listening to at least level B1.

CNP 13.2. Unless an exemption applies, the applicant must show they meet the English language requirement as specified in Appendix English Language.

Knowledge of life in the UK requirement for settlement to stay with a non-parent relative

CNP 14.1. Unless an exemption applies, the applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.

Decision on an application for settlement to stay with a non-parent relative

CNP 15.1. If the decision maker is satisfied that all the suitability and eligibility requirements for settlement to stay with their non-parent relative in the UK are met, the application will be granted.

CNP 15.2. If the decision maker is not satisfied that the applicant meets all the suitability and eligibility requirements, the application for settlement to stay with their non-parent relative in the UK will be refused.