Guidance

Post-flight family members: SET18 (see also Family reunion: SET10)

Published 6 July 2012

This guidance was withdrawn on

This guidance is out of date and has been withdrawn.

© Crown copyright 2012

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For guidance on applications made on or after 9 July 2012 please refer to Appendix FM which can be found at page 19 of the Statement of Changes in Immigration Rules.

All applications submitted before 9 July 2012 should be considered under the old Rules.

1. SET18.1 Post-flight family members

Paragraph 319L - 319T of Part 8 of the Immigration Rules

From 6 April 2011 sponsors who, have been recognised as a refugee or given Humanitarian Protection in the UK, and who subsequently form a family relationship are now able to have their family members apply to join them.

They will need to meet the same requirements that the overseas spouse / partner or child of a British Citizen would have to meet when applying for settlement, other than the requirement that the sponsor is ‘present and settled’. In particular, in the case of a spouse or partner, the marriage or relationship must be genuine and subsisting and the refugee will have to be able to maintain and accommodate the family member / applicant.

2. SET18.2 Eligibility

Refugee / HP family members, together with their dependants, will be eligible to apply for entry clearance if:

  • They are either the spouse (or civil partner) / unmarried partner (or same sex partner) of the refugee or person with HP;
  • The relationship was formed after the refugee or person with HP came to the UK to seek asylum or after the person claimed to fear return to their country of origin;
  • They fulfil the requirements related to those individual categories as set out in paragraphs 319L to 319Q (for spouses and unmarried partners) of the Immigration Rules.
  • Eligible dependants should be limited to the minor children, including any adopted children whose adoption has been recognised under UK law. If the adoption is not recognised under UK law any application will need to be examined under the Rules relating to children (for example, 297, 301-310) and the provisions must apply as stringently as they do to others making applications under these categories.

3. SET18.3 Sponsors eligibility

  • The sponsor (UK refugee / person with HP) must hold valid leave as a refugee or person with HP.
  • The sponsor must be able to maintain and accommodate the applicant.
  • In the case of a spouse or partner, the marriage or relationship between the sponsor and the applicant must be genuine and subsisting and they must intend to live together permanently.

4. SET18.4 Entry English language tests

  • Applicants will be required to submit an original English language test certificate in speaking and listening at A1 level before being granted entry clearance to the UK.

Post-flight family members will be subject to the same exceptions that apply to the spouses or partners of British citizens (for example, if they are over 65).

Once in the UK post flight family members will be required to complete the Knowledge of Life English language tests before their leave to enter expires.

5. SET18.5 Entry clearance application process

  • The post - flight family route should be linked to the ‘settlement’ visa categories;
  • applicants should apply on the ‘settlement’ application form VAF4a + ELT annex;
  • applicants will be required to pay the visa fee.

6. SET18.6 Endorsements and validity of entry clearance

(See endorsements table under ‘Post-Flight’: Category D Code 1 + no police)

  • Any visa endorsement should clearly show that the holder is ‘post-flight’ in order to distinguish them from those that have been granted entry clearance under the Family Reunion provisions in Part 11 of the Immigration Rules.
  • Successful applicants will be granted initial entry clearance for 5 years and three months.

7. SET18.7 Entitlements

  • Successful applicants will have the right to work in the UK where they hold valid leave;
  • applicants should not have access to public funds in the UK throughout their period of limited leave.

8. SET18.8 Refusals

Those applicants that do not meet the Post-flight Family Rules, including any of the General Grounds for Refusal, should be refused entry clearance.

9. SET18.9 Right of appeal

Applicants refused entry clearance should be granted a full right of appeal.

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