Immigration Rules Appendix Family Reunion (Sponsors with Protection)

Appendix Family Reunion (Sponsors with Protection)

This Appendix, also known as refugee family reunion, applies to a pre-flight partner or dependent child applying to stay with or join a person who has protection status or settlement on a protection route in the UK.

There is a separate route under Appendix Child Relative (Sponsors with Protection) for a child to stay with or join a close relative, for example a sibling, who has protection status in the UK.

There is a separate route under Appendix FM: family members for post-flight family members seeking to join a sponsor who has protection status, is settled or a British Citizen in the UK on the basis of their family life.

Validity requirements for Family Reunion

FRP 1.1. A person applying in the UK for permission to stay with their parent or partner who has protection status or settlement on a protection route in the UK must do so on the GOV.UK website on the specified form: “FLR (HRO)”.

  1. FRP 1.2. A person applying for entry clearance to join their parent or partner who has protection status or settlement on a protection route in the UK must do so online on the GOV.UK website on the specified forms as follows:
    1. (a) “Partner of someone in the UK with protection status (family reunion)”; or
    2. (b) “Child of someone in the UK with protection status (family reunion).
  1. FRP 1.3. An application for family reunion must meet the following validity requirements:
    1. (a) the applicant must have provided biometrics when required; and
    2. (b) the person the applicant is seeking to stay with or join in the UK must have protection status or settlement on a protection route in the UK; and
    3. (c) the person the applicant is seeking to stay with or join in the UK must not be a British Citizen.

FRP 1.4. An application for family reunion which does not meet all the validity requirements may be rejected as invalid and not considered.

Suitability requirements for Family Reunion

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

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 have satisfactorily established 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 the person who has protection status or settlement on a protection route in the UK; and
    2. (b) have formed part of the family unit before their partner left the country of their habitual residence in order to seek protection in the UK.

FRP 4.2. The applicant must meet the requirements of Appendix Relationship with Partner of these Rules.

Relationship requirement for a child applying for Family Reunion

  1. FRP 5.1 The applicant must:
    1. (a) be the child of a person who has protection status or settlement on a protection route in the UK; or
    2. (b) be the child of a person whose partner has protection status or settlement on a protection route in the UK

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 on 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 before the person with protection status or settlement on a protection route (as set out in FRP 5.1.) left the country of their habitual residence in order to seek protection in the UK; and
    3. (c) meet the independent life requirement for a dependent child as set out in Appendix Children of these Rules.
  1. FRP 6.2. Where the applicant is over the age of 18 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 the person with protection status or settlement on a protection in the UK (as set out in FRP 5.1.); and
    2. (b) whether the applicant is dependent on the financial and emotional support of a parent or parents who 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 any 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 under Article 8 of the Human Rights Convention

FRP 7.1. Where an applicant does not meet all the suitability or eligibility requirements (subject to FRP.7.2), 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. Where FRP 7.1. 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 for family reunion will be refused.

Decision on an application for Family Reunion

FRP 8.1. Where the decision maker is satisfied that all the relevant eligibility requirements are met, unless paragraph FRP 7.2. applies, the application for family reunion will be granted; otherwise, the application will be refused.

Period 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 the person with protection status or settlement on a protection route in the UK.

  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 the person with protection status or settlement on a protection route in the UK , 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. DELETED.

Conditions of grant for Family Reunion

  1. FRP 10.1. The grant will be subject to all the following conditions:
    1. (a) access to public funds; and
    2. (b) work permitted (including self-employment and voluntary work); and
    3. (c) study permitted, subject to the ATAS condition in Appendix ATAS.