Guidance

Asylum, other dependent relatives: SET19

Published 25 August 2011

This guidance was withdrawn on

This guidance is out of date and has been withdrawn.

© Crown copyright 2011

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This publication is available at https://www.gov.uk/government/publications/asylum-other-dependent-relatives-set19/asylum-other-dependent-relatives-set19

1. SET19.1 Other dependent relatives

Grandparents, parents, brothers, sisters, aunts, uncles and dependent children over the age of 18 who do not meet the criteria for family reunion under part 11 of the Immigration Rules.

From 4 July 2011 the Immigration Rules have been changed (paragraph 319V to 319Y) to enable other dependent relatives to apply to join sponsors who, have been recognised as a refugee or given Humanitarian Protection in the UK.

2. SET19.2 Eligibility

The requirements to be met by a person seeking leave to enter or remain in the UK as the parent, grandparent or other dependent relative of a person with limited leave to enter or remain in the UK as a refugee or beneficiary of humanitarian protection are that the person:

and

  • is joining a refugee or beneficiary of humanitarian protection with limited leave to enter or remain in the UK; and
  • is financially wholly or mainly dependent on the relative who has limited leave to enter or remain as a refugee or beneficiary of humanitarian protection in the UK; and
  • can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and
  • can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and
  • has no other close relatives in his own country to whom he could turn for financial support; and
  • if seeking leave to enter, holds a valid UK entry clearance for entry in this capacity; and
  • does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

3. SET19.3 Sponsors eligibility

  • The sponsor must hold valid leave as a refugee or have humanitarian protection.
  • They must be able to maintain and accommodate the applicant.

4. SET19.4 Entry Clearance application process

  • Other Dependent relatives should apply on the settlement application form VAF 4a.
  • Applicants will be required to pay the current visa fee.

5. SET19.5 Endorsements

  • Any visa endorsement should clearly show that the holder is ‘other dependent relative’ 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.
  • See endorsements table under ‘Other Dependent Relatives’ Category D Code 1 no police registration, which is available on this guidance page.
  • Other dependent relatives applying to join a sponsor under para 319V of the rules do not qualify for settlement and you must ensure that the leave given is for 5 years and not indefinite leave.

6. SET19.6 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.

7. SET19.7 Refusals

Those applicants that do not meet the Other Dependant Relatives Rules, including any of the General Grounds for Refusal, should be refused entry clearance.

8. SET19.8 Appeals

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

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