Applying for the Child Relative of a Refugee Status Holder in the UK
The UK’s immigration system provides a variety of pathways for family reunification, especially for individuals granted refugee status or humanitarian protection. One such route, lesser-known but crucial for extended families, is the Child Relative of a Refugee Status Holder route. This specific immigration pathway is designed to allow children who are close relatives of refugees—such as nieces, nephews, or grandchildren—to enter, stay, and eventually settle in the United Kingdom.
This route is governed by Appendix Child of Relative (Protection), also known as Appendix CRP, under the UK Immigration Rules. It differs significantly from the more common Refugee Family Reunion route, which only applies to the nuclear family—primarily spouses, civil partners, and children under 18.
In this article, we’ll explore the requirements, processes, costs, and legal nuances of the Child Relative route, providing a detailed overview for prospective applicants and their sponsors.
Understanding the Distinction: Appendix CRP vs. Refugee Family Reunion
Before delving into the specifics of the Appendix CRP route, it is important to understand the fundamental distinction between it and the refugee family reunion scheme.
The Refugee Family Reunion process is reserved for immediate family members of individuals with refugee or humanitarian protection status in the UK. Applications under this route are free of charge, and sponsors do not need to meet financial requirements or pay immigration health surcharges.
By contrast, the Child Relative of a Refugee route (under Appendix CRP) is a paid application process that includes substantial financial and documentary requirements. It is also limited to non-nuclear family relationships—for example, the refugee sponsor must be an uncle, aunt, or grandparent of the applicant. This pathway is more complex and carries a higher likelihood of rejection if not properly handled.
Eligibility Under Appendix CRP
1. Who Can Apply?
To be eligible under Appendix CRP, the applicant must:
- Be under the age of 18 at the time of application.
- Be a close relative (not a direct child) of a person who holds refugee or humanitarian protection status in the UK. This includes relationships such as:
- Nephews or nieces
- Grandchildren
- Possibly other dependent children under the care of the sponsor
- Intend to live with their sponsor and not lead an independent life.
- Meet care and dependency requirements, meaning they must not be living independently or be capable of supporting themselves.
2. Sponsor Requirements
The sponsor must:
- Hold refugee status or humanitarian protection in the UK.
- Have not yet obtained settlement (indefinite leave to remain).
- Be able to adequately accommodate and maintain the child without recourse to public funds—unless exceptional circumstances apply (discussed below).
It’s crucial to note that once the sponsor obtains settlement, they are no longer eligible to sponsor a child under Appendix CRP. In such cases, applicants must explore other immigration categories such as paragraph 297 of Part 8, which relates to children joining settled relatives in the UK.
Application Routes and Forms
Depending on the applicant’s current location, there are two routes for applying under this scheme:
1. Applying from Outside the UK (Entry Clearance)
Applicants outside the UK must use the online form titled “Child of a close relative with proteApplying from Within the UK (Permission to Stay)ction status in the UK.” The application is treated as a standard entry clearance process.
2. Applying from Within the UK (Permission to Stay)
For applicants already inside the UK, the appropriate route is to apply using the FLR (P) paper form. There is no restriction based on the applicant’s current immigration status—meaning even those with irregular status may apply.
Applications will be considered valid only if all required forms are correctly submitted and the necessary documentation is included.
Financial Costs and Fee Waivers
The cost of applying under Appendix CRP is one of the most significant barriers, particularly when compared to refugee family reunion applications, which are free.
Current Fees:
- Entry Clearance (from outside the UK): £424
- Permission to Stay (from inside the UK): £1,321
- Immigration Health Surcharge: Currently £776 per year for children
- Settlement Application (ILR): £3,029
Fee Waivers:
Applicants may be eligible to apply for a fee waiver for the entry clearance and permission to stay stages if they can demonstrate financial hardship or that paying the fees would make them destitute. However, no fee waivers are available for settlement (ILR) applications, which adds a considerable financial burden in the long term.
Accommodation and Maintenance Requirements
Unlike refugee family reunion cases, the Appendix CRP route does require evidence of adequate accommodation and maintenance. The sponsor must demonstrate that:
- There is adequate housing for the child without relying on public funds.
- The sponsor can financially support the child based on their income or savings.
This requirement is akin to what is required in family visa applications and can be a major hurdle for refugee sponsors who are not yet economically stable.
Establishing Identity and Nationality
Another critical component of the application is proving the child’s identity and nationality. This typically involves submitting:
- A valid passport or travel document (if available)
- A birth certificate
- Evidence of the family relationship with the UK sponsor (such as family trees, legal guardianship documents, etc.)
Where documentation is unavailable, especially in conflict zones or refugee situations, applicants will need to provide credible alternative evidence or explanations for the lack of documentation.
Article 8: Human Rights Considerations
In situations where an application does not meet all the suitability or eligibility requirements, the Home Office may still consider granting entry clearance or permission to stay under Article 8 of the European Convention on Human Rights, which protects the right to family life.
However, this discretionary power is used rarely at the initial decision stage. Applicants who are refused under Appendix CRP often find themselves needing to appeal to the Immigration Tribunal, where Article 8 arguments can be more fully developed.
To succeed under Article 8, the applicant must prove that refusal would lead to “unjustifiably harsh consequences” for them or their family. This is a high threshold and typically requires compelling evidence of dependency and hardship.
Duration of Leave and Public Funds
If the application is successful, the child will be granted leave in line with the sponsor’s status. This means the child’s immigration permission will expire at the same time as the sponsor’s current leave.
Access to public funds is generally not allowed. However, exceptions may apply where:
- The sponsor is destitute;
- The child is facing exceptional circumstances; or
- Access to public funds is required for the child’s welfare.
Route to Settlement
Once the sponsor applies for and is granted indefinite leave to remain (ILR), the child can also apply for settlement—provided that they were granted initial leave under Appendix CRP. The application must be made separately and is subject to the £3,029 fee (with no fee waivers).
Common Pitfalls and Best Practices
1. Incomplete Documentation
One of the most common reasons for refusal is the failure to provide adequate proof of relationship or financial ability. Ensure all supporting documents are submitted and that explanations are provided where documents are missing.
2. Misunderstanding Sponsor Eligibility
If the sponsor has already obtained settlement, they cannot use Appendix CRP. Applicants must then apply under paragraph 297 or explore alternative immigration routes.
3. Inadequate Article 8 Claims
Claims under Article 8 should not be made lightly. Legal representation is highly advised when relying on human rights arguments, especially in appeals.
Final Thoughts
The Child Relative of a Refugee route offers a crucial, though complex, avenue for extended family reunification. While it provides an opportunity for children who are not part of the refugee’s nuclear family to join them in the UK, it comes with several challenges, including high application costs, strict documentary requirements, and limited access to public funds.
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