Immigration Rules Appendix Family Reunion (Protection)

Appendix Family Reunion (Protection)

This Appendix applies to a partner or dependent child of a person who holds protection status in the UK.

Validity requirements for Family Reunion

  1. FRP 1.1. An application for family reunion must meet the following validity requirements:
    1. (a) the applicant’s sponsor must currently have protection status or settlement on a protection route in the UK; and
    2. (b) the applicant’s sponsor must not be a British Citizen; and
    3. (c) the applicant must have made an application for:
      1. (i) permission to stay under Appendix FRP while in the UK in writing; or
      2. (ii) entry clearance when outside the UK through the gov.uk website on either: ‘Partner of someone in the UK with protection status (family reunion)’ or ‘Child of someone in the UK with protection status (family reunion)’; and
    4. (d) the applicant must have provided biometrics when required.

FRP 1.2. A family reunion application which does not meet all the validity requirements may be rejected as invalid and not considered.

Suitability requirements for Family Reunion

  1. FRP 2.1. An application for family reunion must be refused on suitability grounds where the Secretary of State:
    1. (a) has at any time decided that paragraph 339AA (exclusion from Refugee Convention), 339AC (danger to the UK), 339D (exclusion from a grant of humanitarian protection) or 339GB (revocation of humanitarian protection on grounds of exclusion) of these rules applies to the applicant; or
    2. (b) has decided that paragraph 339AA, 339AC, 339D or 339GB of these rules would apply, but for the fact that the person has not made a protection claim in the UK, or that the person has made a protection claim which was finally determined without reference to any of the relevant matters described in paragraphs 339AA, 339AC, 339D or 339GB.

FRP 2.2. The applicant must not fall for refusal under Part 9: grounds for refusal.

Eligibility requirements for Family Reunion

Identity requirement for Family Reunion

FRP 3.1 The applicant must satisfactorily establish their identity and nationality.

Relationship requirements for a partner applying for Family Reunion

  1. FRP 4.1. The applicant must:
    1. (a) be the partner of a person (P) who has protection status; and
    2. (b) have formed part of the family unit of P before P left the country of their habitual residence in order to seek protection; and
    3. (c) where the applicant is not married or in a civil partnership with P they must also have been living with P for at least 2 years before P left the country of their former habitual residence in order to seek protection; and
    4. (d) be in a genuine and subsisting relationship with P; and
    5. (e) not be within the prohibited degree of relationship with P which means they could not marry in the UK as set out in Appendix Relationship with Partner.

Relationship requirement for a child applying for Family Reunion

FRP 5.1. The applicant must be the child of a person (P) who has protection status or of P’s partner.

Family life requirements for a child applying for Family Reunion

  1. FRP 6.1. The applicant must:
    1. (a) be under the age of 18 at the date of application or, if they are aged 18 or over, the decision maker must be satisfied there are exceptional circumstances (as set out in FRP 6.2.); and
    2. (b) have formed part of the family unit of P before P left the country of their habitual residence in order to seek protection; and
    3. (c) must meet the independent life requirement for a dependent child in Appendix Children.
    4. (d) DELETED.
  1. FRP 6.2. Where the applicant is aged 18 or over on the date of application the decision-maker must, when considering whether there are exceptional circumstances, consider all relevant factors including:
    1. (a) whether the applicant is dependent on the financial and emotional support of P or P’s partner; and
    2. (b) whether the parent or parents the applicant depends on is in the UK, or qualifies for family reunion or resettlement and intends to travel to the UK; and
    3. (c) whether or not the applicant is leading an independent life, has no other relatives to provide financial or emotional support, and whether they can access support or employment in the country in which they are living and whether they would likely become destitute if left on their own.

Eligibility requirements for Family Reunion based on Article 8 European Convention of Human Rights (ECHR)

FRP 7.1. Where an applicant does not meet the requirements for a partner under FRP.4.1. or for a child under FRP.5.1. to FRP 6.2., the decision maker must consider, on the basis of the information provided by the applicant, whether there are exceptional circumstances which would make a refusal of the application a breach of Article 8 of the ECHR, because such refusal would result in unjustifiably harsh consequences for the applicant or their family member, whose Article 8 rights it is evident from the information provided would be affected by a decision to refuse the application.

FRP 7.2. DELETED.

Decision on an application for Family Reunion

FRP 8.1. If the decision maker is satisfied the applicant meets the suitability requirements and relevant eligibility requirements for Family Reunion, the application will be granted; otherwise, the application will be refused.

Period and conditions of grant for Family Reunion

FRP 9.1. Where an applicant meets the relevant eligibility requirements in FRP 3.1.to FRP 6.2., the applicant will be granted permission for a period which expires at the same time as the permission granted to P.

  1. FRP 9.2. Where an applicant is granted under FRP 7.1., the permission will be granted for a period which expires at the same time as the permission granted to P, up to a maximum period of:
    1. (a) 30 months for permission to stay; or
    2. (b) 33 months for entry clearance.

FRP 9.3. The grant will be subject to the same conditions on work, study and access to public funds as P.