Spouses and partners Part eight and appendix FM of the immigration The relationship between the sponsor in the UK rules address family members outside of part 11 and the partner abroad must begin prior to the and provide instructions on both indefinite leave sponsor’s flight from their country of ‘former to enter and indefinite leave to remain. While part habitual residence’, and sponsor and partner 11 addresses children making applications for must demonstrate an intention to live permanently refugee family reunion, paragraphs 309A to 315 together. Both sponsor and partner must also of part eight clarify definitions and requirements demonstrate that the relationship is ‘subsisting’. regarding adoption and de facto adoption. It is here, Unmarried or same-sex partner applications are in particular paragraph 309A, wherein ‘de facto eligible only where sponsors achieved refugee adoption’ is defined in such a way that prohibits status on or after 9 October 2006 and where the refugees from claiming a parental relationship relationship is not consanguineous, i.e. with a with their de facto adopted child. Appendix FM blood relative. (sections EC-DR to D-ILRDR) of the immigration rules focuses on adult dependants seeking entry through a sponsoring refugee. This includes, for example, parents, grandparents and adult siblings, Children as well as children aged 18 years or older. Unlike Child applicants must be under 18 with a parent part eight, there is no ambiguity as to whether who currently holds status within the UK. Children these applicants fall under part 11, save for must not be ‘leading an independent life’, and must discretionary cases characterised by compelling be unmarried or without a civil partner. Finally, they and compassionate circumstances. As such, must not have ‘formed an independent family unit’. applications under appendix FM are conditional on Other conditions include that the child ‘was part of financial requirements being satisfied. This includes the family unit of the person granted asylum at the being able to maintain and accommodate such time that the person granted asylum left the country dependants without recourse to public funds. of his habitual residence in order to seek asylum’. There are no qualifications on stepchildren or How the British Red Cross helps adopted children within part 11. However, SET10 refugee families guidance, used by entry clearance officers for cases brought forward under part 11, outlines The British Red Cross helped 41 refugees parameters for adopted and de facto adopted obtain visas for 100 family members in 2015. children. Furthermore, the Home Office’s Statement of Intent: Family Migration holds that refugees and Our travel assistance programme helped 383 persons with humanitarian protection ‘will be able, refugees reunite with family members in exceptional circumstances, to sponsor a child 1,187 relative, e.g. the child of a dead or displaced brother in the same year. or sister, and without having to meet the income threshold’ (Home Office 2012, 33). 7
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