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

1. CNP 1.1. An application for a child to stay with or join a UK based non-parent relative with protection status must meet the following validity requirements:
   1. (a) the applicant’s UK based relative must currently have protection status; and
   2. (b) the applicant’s UK based sponsor must not be a British Citizen or settled in the UK; and
   3. (c) the applicant must have made an application for:
      1. (i) permission to stay using the FLR (P) visa application form; or
      2. (ii) entry clearance on the gov.uk website under ‘Child of a non-parent relative with protection status in the UK.’
   4. (d) the applicant must have paid the required application fee and Immigration Health Charge (unless the applicant has been granted a fee waiver in whole or in part); and
   5. (e) the applicant must have provided any required biometric information.

1. CNP 2.1. An application for a child to stay with or join a non-parent relative with protection status 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.

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

1. CNP 3.1. The applicant must:
   1. (a) be aged under 18 on the date of application; and
   2. (b) not be married or in a civil partnership; and
   3. (c) not have formed an independent family unit; and
   4. (d) have an existing, genuine family relationship with the UK based relative; and
   5. (e) have satisfactorily established their identity and nationality.

1. CNP 3.2. The decision maker must be satisfied that:
   1. (a) the applicant can, and will, be accommodated and maintained adequately by the UK based relative, without access to public funds and in accommodation which the relative owns or occupies exclusively; and
   2. (b) there are suitable arrangements for the applicant’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations; and
   3. (c) there are serious and compelling family or other considerations which make exclusion of the applicant undesirable.

1. CNP 3.3. Where an applicant does not meet the eligibility requirements of CNP.3.1. and CNP 3.2., the decision maker must consider whether a grant of permission to stay or entry clearance is appropriate based on exceptional circumstances which include where:
   1. (a) the applicant has no parent with them; and
   2. (b) the applicant has no family other than in the UK that could reasonably be expected to support them; and
   3. (c) there is an existing, genuine family relationship between the applicant and the UK-based relative; and
   4. (d) the applicant is dependent on the UK based relative.

CNP 3.4. Where the applicant does not meet the requirements in CNP 3.1. and CNP 3.2. and the decision maker is not satisfied that there are exceptional circumstances under CNP 3.3. consideration must be given to whether refusal of the application would be a breach of Article 8 ECHR, because such a 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.

CNP 4.1. Where the decision maker is satisfied that the applicant meets the suitability requirements and the relevant eligibility requirements, the application will be granted permission to stay if in the UK or entry clearance if outside the UK; otherwise, the application will be refused.

CNP 5.1. Where an applicant is granted permission to stay with, or entry clearance to join, a non-parent relative, the grant will be for a period which expires at the same time as the permission granted to their UK-based relative.

1. CNP 5.2. The grant will be subject to the following conditions:
   1. (a) work (including self-employment and voluntary work) permitted; and
   2. (b) study is permitted (subject to the ARTAS requirement when the person is aged 18 or over); and
   3. (c) no access to public funds, unless CPN 5.3. applies.

1. CNP 5.3. Where the applicant is being granted under CNP 3.3. or CNP 3.4. and the decision maker is satisfied that:
   1. (a) the UK based relative 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
   4. then the applicant will not be subject to a condition of no access to public funds.

1. CNP 5.4. For the purposes of CNP 5.3., ‘relevant child’ means a person who:
   1. (a) is under the age of 18 years at the date of application; and
   2. (b) it is clear from the information provided by the applicant is a child who would be affected by a decision to impose or maintain the no access to public funds condition.

Validity requirements for settlement as the child of a UK based non-parent relative

1. CNP 6.1. The validity requirements for settlement as the child of a UK based non-parent relative are:
   1. (a) the application must be made on the gov.uk website under the ‘Indefinite leave to remain (refugee, humanitarian protection or discretionary leave) form; and
   2. (b) the applicant must have, or have last had, permission as the child of a UK based non-parent relative; and
   3. (c) the UK based relative must be a British Citizen, having been granted citizenship since the child was originally granted under Appendix CPN, or present and settled in the UK; and
   4. (d) the applicant must have provided any required biometrics; and
   5. (e) the applicant must have satisfactorily established their identity and nationality; and
   6. (f) the applicant must have paid the required application fee.

Suitability requirements for settlement as a child of a UK based non-parent relative

1. CNP 7.1. An application for settlement as a child of a UK based non-parent relative 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 Part 11 of the Rules applies to the applicant; or
   2. (b) has decided that paragraph 339AA, 339AC, 339D or 339GB of Part 11 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.

CNP 7.2. The applicant must not fall for refusal under Part 9: grounds for refusal.

Eligibility requirements for settlement as the child of a UK based non-parent relative

1. CNP 8.1. The applicant’s UK based non-parent relative must:
   1. (a) be granted settlement at the same time as the applicant; or
   2. (b) must be settled in the UK or have become a British citizen, providing they had protection status when they settled.

CNP 9.1. Where the applicant is under the age of 18 on the date of application for settlement, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations.

CNP 10.1. The applicant must be under the age of 18 on the date of application for settlement, unless they were last granted permission as the child of a UK based non-parent relative.

CNP 10.2. If the applicant is aged 16 or over on the date of application, they must not be leading an independent life or have formed an independent family life.

CNP 11.1. Unless an exemption applies (for example if the applicant is aged under 18), 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 11.2. Unless an exemption applies, the applicant must show they meet the English language requirement as specified in Appendix English Language.

CNP 12.1. Unless an exemption applies (for example, if the applicant is aged under 18), the applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK.

CNP 13.1. If the decision maker is satisfied all the suitability and eligibility requirements are met for settlement as a child of a UK based non-parent relative, the application for settlement will be granted.

CNP 13.2. If the applicant meets the eligibility requirements for settlement but does not meet the suitability requirements for settlement the applicant may be granted a further period of permission to stay which does not exceed 30 months and subject the same conditions as in CNP 5.1. to CPN 5.4; otherwise, the application for settlement will be refused.

CNP 13.3. If the application for settlement is refused the person can apply for an Administrative Review under Appendix AR: Administrative Review.                                                                                                                                                                                      Source: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-child-staying-with-or-joining-a-non-parent-relative-protection