Guidance

Additional family members under Pathway 3 of the Afghan Citizens Resettlement Scheme (accessible)

Updated 17 October 2023

Version 2.0

About this guidance

This guidance explains the eligibility criteria for additional family members (AFM) seeking to resettle in the UK alongside a Principal who is eligible for the first stage of Pathway 3 of the Afghan Citizens Resettlement Scheme (ACRS).

Publication

Below is information on when this version of the guidance was published:

• version 2.0, published on 19 October 2023

Changes from last version of this guidance

Guidance updated to reflect that year 1 of Pathway 3 is now referred to as the first stage, and that there is no longer an allocation of 1,500 places for this stage.

Related external links

• Afghanistan Resettlement and Immigration Policy Statement of 13 September 2021

Introduction

Background

The Afghan Citizens Resettlement Scheme (ACRS) provides a safe and legal way for some of the most vulnerable and at-risk people affected by events in Afghanistan and the region to come to the United Kingdom and rebuild their lives. The government has committed to welcoming up to 20,000 people through the ACRS. This figure includes eligible family members.

There is no application process for the ACRS. Instead, eligible people will be prioritised and referred for resettlement to the UK under one of three referral ‘pathways’. Further detail on the three pathways is set out here: Afghan Citizens Resettlement Scheme - GOV.UK

The guidance in this document applies to the first stage of Pathway 3 only.

Pathway 3

Under the first stage of Pathway 3, we will consider for resettlement all eligible individuals from three specified groups, who submitted an expression of interest and are located in Afghanistan or the region, together with any eligible immediate and additional family members, subject to security and other checks. This means we will exceed the original allocation of 1,500 places for this first stage of Pathway 3. The three specified groups are:

• British Council contractors
• GardaWorld contractors
• Chevening alumni

These groups of people have played a key role in supporting the UK’s mission in Afghanistan, and by considering them (and their family members) for resettlement, the government is honouring the commitments made during the evacuation to support those at risk. Further guidance on Pathway 3 eligibility, including definitions of the groups, can be found here: Afghan Citizens Resettlement Scheme Pathway 3: eligibility for British Council and GardaWorld contractors and Chevening Alumni - GOV.UK

The window for Expressions of Interest (EOI) for these three cohorts opened on 20 June 2022 and closed on 15 August 2022. The Foreign, Commonwealth & Development Office (FCDO) will contact individuals who submitted an Expression of Interest within that window to advise if they are being referred for resettlement. Under Pathway 3, the immediate family members of a Principal may be eligible for resettlement under the ACRS.

Additional family members (AFM) may also be considered for resettlement under Pathway 3 in exceptional cases – this document sets out guidance on considering these cases.

Pathway 3 - beyond the first stage

After the first stage of Pathway 3, the government will work with international partners and non-governmental organisations to welcome wider groups of Afghans at risk. Further detail will be set out in due course. This guidance applies to the first stage of Pathway 3 only.

Terms

Principal

An individual whom the Foreign, Commonwealth & Development Office (FCDO) has assessed as eligible in principle under the first stage of Pathway 3 of the ACRS [as set out here] and who is referred to the Home Office for resettlement.

Immediate family member

A spouse or partner of the Principal, and dependent children under 18 of the Principal and/or [where applicable] their eligible spouse or partner.

Further detail on immediate family members is set out under ‘Who qualifies as immediate family?’.

Additional family member (AFM)

Family members of the Principal and/or their spouse/partner in addition to those deemed an ‘immediate family member’.

AFM may be considered for resettlement only in exceptional circumstances, as set out in this guidance. Further detail on AFM is set out under ‘Consideration of additional family members’.

Date of declaration

There are two stages in the process where a Principal may declare the family members they wish to be considered for resettlement. The first is in the Expression of Interest, which is submitted to the FCDO, in which the Principal is asked for details of their immediate family members. The second is when the FCDO requests information relating to additional family members (AFM). The ‘date of declaration’ will either be the date of submission of the AFM form or the date when the Principal has confirmed that they do not want to request consideration of any AFM.

General principles

This document provides guidance on the consideration of additional family members (AFM) of Principals under Pathway 3 of the Afghan Citizens Resettlement Scheme (ACRS). It applies to the first stage of Pathway 3 of the ACRS only. Details of how Pathway 3 will operate beyond the first stage, including eligibility criteria, will be set out in due course.

The first stage of ACRS Pathway 3 is administered by the FCDO, who will assess eligibility of an individual and their family members, both immediate and additional, and who will refer those who are eligible in principle (including Principals and any family members) to the Home Office.

Any offer of resettlement made by the Home Office, including as an immediate or additional family member, is contingent on the individual passing the necessary immigration and security checks. The offer of a resettlement place to immediate or additional family members is also contingent on the Principal passing the necessary security checks and receiving entry clearance to the UK, as the immediate or additional family member is not eligible in their own right.

Principal has been referred to the Home Office for the initial biographic and security checks, requests for immediate or additional family members under the ACRS will not be considered. An exception will be made for children (as per the definition set out below in ‘Immediate Family) born after the date of declaration and before relocation to the UK.

All individuals must have been granted entry clearance before travelling to the UK.

Once an individual has been resettled in the UK, they may be eligible to apply to sponsor family members under the family Immigration Rules (Appendix FM and Appendix FM-SE) and will be subject to the associated fees and requirements [See section ‘Family Routes’ for more detail]. Such family members will not be eligible for the ACRS.

Policy intention

The policy intention is to:

• ensure a mechanism for additional family members that honours government commitments made in the policy statement of 13 September 2021 to consider additional family members for resettlement in exceptional circumstances

• ensure consistency in decision-making in additional family member cases under the first stage of Pathway 3

The policy is not intended to provide a route to the UK for additional family members where there are not exceptional circumstances.

Whilst discretionary, the ACRS should not undermine existing immigration routes, including family and refugee family reunion Rules. Therefore, where appropriate to fulfil the policy intention, references to existing definitions in the Rules have been made.

Once in the UK, those who wish to sponsor family can consider whether they can do so under the requirements of Appendix FM under the Immigration Rules.

Relevant legislation

All resettlement to the UK is at the government’s discretion outside of the Immigration Rules. The policy on the Afghan Citizens Resettlement Scheme was set out in the policy statement of September 2021.

Child welfare

The duty in section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of children in the UK means that consideration of the child’s best interests is a primary, but not the only, consideration in immigration cases.

Although Section 55 only applies to children in the UK, the statutory guidance, Every Child Matters - Change for Children, provides guidance on the extent to which the spirit of the duty should be applied to children overseas.

Related external links

• Policy Statement of 13 September 2021

• Borders, Citizenship and Immigration Act 2009

Immediate family

Who qualifies as immediate family?

Immediate family members of a Principal may be offered a resettlement place (subject to satisfactory security checks) under Pathway 3 of the ACRS. As set out under ‘Terms’, immediate family consists of a spouse or partner, and minor dependent children. Further detail on immediate family eligibility is set out below.

A spouse or partner of the eligible Principal

The definition and relationship requirements of a spouse or partner as set out in ‘Appendix Relationship with Partner’ under the Immigration Rules will be applied to Pathway 3 of the ACRS. The ACRS is discretionary and the adopting definitions in the Immigration Rules is for ease of reference only.

Where the Immigration Rules refer to an ‘application’ being made, this is instead to be taken as the ‘date of declaration’ (see terms), as there are no applications for the ACRS.

The spouse or partner must have been the spouse or partner of the Principal on the date of declaration.

The Principal and the spouse or partner must be aged 18 or over on the date of declaration.

If the Principal has more than one spouse or partner, including where the Principal is in a polygamous or polyandrous marriage, only one spouse or partner can be considered for resettlement and granted entry clearance.

Dependent children aged under 18

To be considered as a dependent child aged under 18, the child:

• must be aged under 18 on the date of declaration (see terms)
  • must not be leading an independent life, including where the child has turned 18 years of age since the date of declaration
• must be the child of the Principal and the child’s other parent is the Principal’s spouse/partner, unless:

the child is that of the Principal: and

• the child’s other parent is dead; or
• the Principal has sole responsibility for the child’s upbringing

or

the child is the child of the Principal’s spouse/partner: and

• the child’s other parent is dead; or
• the Principal’s spouse/partner has sole responsibility for the child’s upbringing

or

the child is not the biological child of either, but the decision-maker is satisfied there has been a genuine transfer of parental responsibility to:

• the Principal; and/or

• their spouse/partner

Immediate family members may be considered from any location outside the UK, provided the above requirements are met.

Related external links

• Appendix FM

Process for consideration of additional family members (AFM)

Additional family members (AFM) may be considered for resettlement under the ACRS in exceptional circumstances.

Expressions of Interest under Pathway 3 of the ACRS can no longer be made. The FCDO will contact those Principals identified as eligible in principle for Pathway 3 with information on how requests for AFM in exceptional circumstances can be made. Only requests made following that specific process, and on the AFM form, will be considered. Only one AFM form may be submitted and this must include details of all AFM that the principal wishes to be considered. Subsequent requests will not be considered.

The FCDO have responsibility for considering requests for AFM and assessing whether the circumstances are exceptional. Where FCDO deem this to be the case, FCDO will refer the AFM case to the Home Office as part of the family unit.

Consideration of additional family members

This section explains the consideration of additional family members in exceptional circumstances, including evidentiary requirements.

What constitutes an exceptional circumstance?

An assessment will be made by the FCDO of whether the individual is sufficiently dependent on the Principal in circumstances that are exceptional and compelling to warrant resettlement alongside the Principal.

In particular, cases will be considered where there are specific vulnerabilities or in specific circumstances faced by an additional family member which have led to an exceptional level of dependence on the Principal. In such cases, consideration of exceptional circumstances will include an assessment of whether the family member would be unable, even with the practical and financial help of the Principal or their eligible spouse/partner, to obtain the required level of care or protection in their current location and where there is no other person who can reasonably provide it.

Evidence

Any request for consideration of AFM must be accompanied by supporting documentation to verify both the relationship between them and the Principal, and evidence of reasons confirming the nature and extent of any dependency on the Principal.

The FCDO will set out how they want this documentation and evidence to be provided.

It is the responsibility of the Principal, their spouse/partner, and the AFM to provide sufficient evidence to demonstrate that they are related as claimed, or to set out reasons why they are not able to provide such evidence. Where sufficient evidence to prove the claimed relationship has not been provided, further information may be requested by the FCDO.

Key factors when assessing an AFM request under Pathway 3 of the ACRS include the proximity of the family relationship and the family circumstances of the individuals involved (including the nature and extent of any dependency).

Examples of acceptable documentary evidence to be provided to demonstrate the relationship can include, but is not limited to, the following:

• marriage certificate

• death certificate

• birth certificate

• documents to confirm genuine transfer of parental responsibility of a child

• documents to confirm medical conditions

• documents evidencing residence

Deceased Principals

In the unfortunate event that the Principal dies prior to being granted entry clearance, decision-making will sit with the FCDO.

In the event that the Principal dies after being granted entry clearance but prior to their or their family’s arrival in the UK, the Home Office will make the decision.

Family routes (once in the UK)

Individuals brought to the UK through Pathway 3 of the ACRS do not have refugee status and therefore are not eligible to sponsor family members under the Refugee Family Reunion policy.

Individuals may be eligible to apply to sponsor family members under the family Immigration Rules (Appendix FM), provided the requirements of the Rules are met. These Rules provide for a partner, dependent children and adult dependent relatives of a settled person to join them in the UK.

Where a valid application is made and the Immigration Rules under Appendix FM are not met, consideration is given to whether a grant of leave is warranted on the basis of exceptional circumstances under the Rules, or on the basis of compelling, compassionate grounds outside of the Immigration Rules.

Related external links

• Family visas - GOV.UK