Guidance

Afghan Relocations and Assistance Policy (ARAP) (accessible)

Updated 30 November 2022

Version 5.0

About this guidance

This guidance tells you about the Afghan Relocations and Assistance Policy (ARAP), designed to help Afghans who worked for, or with, the UK government in Afghanistan. Where Afghan citizens and their family members are eligible for relocation, it provides guidance on the requirements for those applying for entry clearance to the UK or settlement in the UK under the ARAP.

The guidance explains to decision makers:

• how the ARAP works
• how to consider applications under the ARAP
• how to deal with individuals previously granted 5 years permission to stay under the ex-gratia scheme (EGS) or the ARAP and who are now entitled to upgrade that to settlement

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors, then email the Armed Forces Policy team.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

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

• published for Home Office staff on 30 November 2022

Changes from the last version of this guidance

The guidance has been updated to reflect changes set out in the Statement of Changes laid in Parliament on 18 October 2022.

Introduction

Background

In recognition of the commitment and bravery shown by local staff who supported the UK in Afghanistan, the UK government introduced 2 schemes: the ‘Intimidation Policy’ introduced in 2010 and the ex-gratia scheme (EGS) introduced in 2013.

These policies were designed to support those who worked with or alongside British Forces in Afghanistan, often in dangerous and challenging situations, offering relocation to those at risk as a result of their work.

The intimidation policy closed in 2021, and the EGS closes on 30 November 2022, at which point the Afghan Relocations and Assistance Policy (ARAP) will be the sole route to relocation in the UK for Afghans who worked with or with the UK government in Afghanistan.

The ARAP scheme was implemented on 1 April 2021 under the Immigration Rules. Customer guidance on the ARAP can be found at: GOV.UK ARAP.

Policy intention

The policy intention is to:

• honour the service of eligible Afghan citizens by providing support that properly reflects their work and the risks involved
• ensure that eligible Afghan citizens, their partner, dependent children and eligible additional family members, who relocate to the UK, can do so permanently to build their lives and their future in the UK

Applications in respect of those with children

When applying this guidance, you must take into account the circumstances of each case and the impact on children, or those with children, in the UK. Section 55 of the Borders, Citizenship and Immigration Act 2009 places an obligation on the Secretary of State for the Home Department to take account of the need to safeguard and promote the welfare of children in the UK when carrying out immigration, asylum and nationality functions.

In practice, this requires you to consider the best interests of the child in decisions that have an impact on that child. This is particularly important where the decision may result in the child having to leave the UK, where there are obvious factors that adversely affect the child, or where a child or a person caring for the child ask us to take particular circumstances into account. All decisions must demonstrate that the child’s best interests have been considered as a primary, but not necessarily the only, consideration. You must be vigilant that a child may be at risk of harm and be prepared to refer cases immediately to a relevant safeguarding agency where any child protection issues arise.

Those who qualify for relocation to the UK under either the ARAP or the EGS can bring their partner, minor dependent child or children and eligible additional family members with them free of charge. Settlement applications on this route are also free of charge. Any applications involving children must be processed in a timely way.

A child born in the UK to a settled parent (where the child is born in the UK after the relevant Afghan citizen parent enters the UK with indefinite leave to enter, or is born in the UK after their parent is granted indefinite leave to remain) is automatically British in accordance with the British Nationality Act 1981 and can apply for a British passport, or ask for a letter confirming citizenship to show their immigration status. Those who are automatically British do not need to apply for leave. Guidance on British citizenship is found here: Check if you can become a British citizen - GOV.UK.

Where there are child welfare or protection concerns that may involve safeguarding issues within the family unit the case must be referred immediately to the local safeguarding team, who will refer the case to the relevant local authority in accordance with guidance on making safeguarding referrals. In an emergency the case must be referred to the police. The Office of the Children’s Champion can also offer advice on issues relating to children, including family court proceedings and complex cases.

Relevant legislation

This section tells you which section of the Immigration Rules relates to the Afghan Relocations and Assistance Policy (ARAP).

Immigration Rules

Appendix Afghan Relocations and Assistance Policy (Appendix ARAP) to the Immigration Rules provides the legal framework for Afghan citizens and their dependent family members who are eligible to relocate to, or settle in, the UK where they do not fall for refusal under Part 9 of the Immigration Rules - Grounds for Refusal (“the ARAP suitability decision”).

Those who are eligible for relocation are granted entry clearance which is conferred as settlement on arrival in the UK, or as settlement if they are already in the UK.

Part 8 of the Immigration Rules, paragraphs 304-309 set out the provisions relating to UK born children who are not British citizens.

Validity requirements for family members and additional family members are set out in Appendix ARAP to the Immigration Rules.

The ARAP application process

There is a 2 stage application process. An application must first be made by the principal Afghan citizen to the Defence Afghan Relocations and Resettlement (DARR) team in the Ministry of Defence (MoD) on the ARAP application form regardless of which UK government department an individual worked for. The number of family members applying under the ARAP must be included in the principal Afghan citizen’s application. If appropriate, the DARR will refer details to the relevant government Department to assess eligibility.

Once eligibility of the principal applicant has been confirmed, DARR will provide notification and the individuals will be contacted and asked to provide details of their family members, such as their names, dates of birth, nature and extent of dependencies and risks, and information relevant to accommodation needs in the UK.

An eligibility decision is then made for the family members, including additional family members. If the applicants are deemed eligible, the MoD will inform them and make an application for entry clearance (if they are outside the UK), or settlement (if they are in the UK) on their behalf and in their name, to the Home Office.

In cases where the Foreign, Commonwealth and Development Office (FCDO) is the relevant Government department, the FCDO will provide notification of their decision regarding the additional family members then refer details back to DARR for the entry clearance application to be made to the Home Office.

An ARAP application which is made by family members or additional family members that does not include a principal Afghan citizen, or is made after the principal Afghan citizen’s application has been made to the Home Office, will be rejected as invalid, and will not be considered. Family who seek to accompany or join an Afghan citizen already granted entry clearance for relocation to the UK, or settlement in the UK, under the ARAP, can instead consider whether they meet the requirements of the family Immigration Rules, other Immigration Rules or resettlement policies, to enter or remain in the UK.

ARAP eligibility decision

The Afghan Relocations and Assistance Policy (ARAP) application goes to the Ministry of Defence (MoD) and the eligibility decision is made by the Defence Afghan Relocations and Resettlement (DARR) team following reference to a relevant UK government department where necessary.

ARAP eligibility assessment

The DARR team considers eligibility in accordance with Appendix ARAP.

Those who are deemed ineligible are informed of that decision in a refusal letter from the MoD or relevant sponsoring department. Where this is the case, no application is made to the Home Office. An ARAP application will not be considered as an application for entry clearance, permission to stay or settlement on any other basis, including outside the Immigration Rules.

Individuals who have already settled in the UK with indefinite leave to enter or remain or who have British citizenship are not eligible under the ARAP nor can they apply for family members or additional family members to join them under the ARAP. Applications can be made by those with outstanding applications for leave under other immigration routes and those with limited leave.

Those who are assessed to be ineligible under the ARAP have the right to seek a review of their decision if one or both of the following conditions are met:

• they believe the decision was not made in accordance with the policy
• they can supply new evidence to support their case that was not available when the decision was made

Those who wish to request a review must use the request a review form.

Applicants who are deemed ineligible and receive an outcome letter advising them of this may seek a review of the decision within 90 days of the date of that letter, save for where there are compelling circumstances which have prevented them from meeting this deadline.

Applicants have one right of review of the initial outcome decision.

ARAP family members

The criteria for family members are set out in paragraph 8.1 – 12.4 of Appendix ARAP.

An eligible Afghan citizen can apply for support or relocation under the ARAP for a partner (who must be aged 18 or over at the date of application) and minor dependent children (under 18 years at the date of application) who meet the eligibility requirements under Appendix ARAP. To be eligible for relocation the suitability requirements of Appendix ARAP must also be met.

Eligibility of the principal Afghan citizen and their family members is considered by the DARR team before the DARR team submit an application to the Home Office on their behalf, in their name.

It is the responsibility of the applicant and their family members to provide sufficient evidence to demonstrate they are related as claimed. Where sufficient evidence to prove the claimed relationship has not been provided, or where there are concerns about any documentary evidence previously submitted, further information may be requested. Such requests should be sensible and realistic, bearing in mind the situation in Afghanistan.

Where an eligible Afghan citizen and their family members relocate to the UK under the ARAP, other family members who were not included in the ARAP application, who wish to join them in the UK, will not be considered retrospectively under the ARAP and must instead make an application directly to the Home Office to join family in the UK under a relevant immigration route. Further information on joining family in the UK can be found on family visas (GOV.UK).

ARAP additional family members

The criteria for additional family members is set out in paragraph 13.1-13.4 of Appendix ARAP.

An eligible Afghan citizen can apply for support or relocation under the ARAP for any additional family member who meets the eligibility requirements under Appendix ARAP. To be eligible for relocation the suitability requirements of Appendix ARAP must also be met.

In the case of additional family members, eligibility must be based on either vulnerabilities leading to exceptional dependence or threat of risk to life as a result of the work of the principal ARAP applicant for or with the UK government in Afghanistan, as set out in paragraph 13.3 of Appendix ARAP:

• as a result of the eligible Afghan citizen’s work for or with a UK government department, the additional family member must be at an elevated risk of targeted attacks, specific threats or intimidation, putting them at a high risk of death or serious injury
• the additional family member must face specific vulnerabilities which have led to an exceptional level of family dependence, and would be unable, even with the practical and financial help of the eligible Afghan citizen or their partner, to obtain the required level of care or protection outside the UK, either because it is not available, there is no other person who can reasonably provide it, or because it is not affordable

Elevated risk

Compelling reasons must be provided why the additional family members would be at an elevated level of risk due to the work of the eligible Afghan citizen for or with the UK government in Afghanistan. This must be beyond any existing risk levels present in the country and must be connected directly to the work the eligible Afghan citizen carried out for, or with, the UK government in Afghanistan.

Any documents submitted by individuals in support of their application must be considered in the context of what individuals are able to access, bearing in mind the situation in Afghanistan.

Vulnerability

Compelling reasons must be provided, along with any supporting documentation to confirm both the relationship between the eligible Afghan citizen and the additional family member or members and the nature and extent of any dependency. Any documents submitted by individuals in support of their application must be considered in the context of what individuals are able to access, bearing in mind the situation in Afghanistan.

An assessment will be made by the MoD or, if appropriate, the Foreign, Commonwealth and Development Office (FCDO), of whether the individual is sufficiently dependent on the eligible Afghan citizen in circumstances that are exceptional and compelling.

In particular, cases will be considered where there are specific vulnerabilities or specific circumstances faced by that additional family member which have led to an exceptional level of family dependence, and that the family member would be unable, even with the practical and financial help of the eligible Afghan citizen or their partner, to obtain the required level of care or protection in Afghanistan because it is not available and there is no person there who can reasonably provide it.

The expectation is that the normal rules on dependency set out in Appendix FM will apply in all but the most exceptional and unusual circumstances which the relevant principal must be able to demonstrate.

Eligibility of the additional family members is considered by the DARR team, or the relevant Department, before an application is submitted to the Home Office by the DARR team on their behalf, in their name.

It is the responsibility of the eligible Afghan citizen or their partner, and their additional family members to provide sufficient evidence to demonstrate they are related as claimed. Where sufficient evidence to prove the claimed relationship has not been provided, or where there are concerns about any documentary evidence previously submitted, further information may be requested. Such requests should be sensible and realistic, bearing in mind the situation in Afghanistan.

Eligible family members travelling later

Family members, who qualify for relocation under either the ARAP or ex-gratia scheme (EGS), can travel to the UK separately to the main applicant. The requirement for dependants to travel to the UK at the same time was removed

through the Statement of changes to the Immigration Rules dated 7 March 2019, which came into force on 6 April 2019.

Paragraph 10.1 of Appendix ARAP of the Immigration Rules requires the eligible Afghan citizen to include all dependants who intend to relocate to the UK in their ARAP application, regardless of when the dependants intend to travel.

Children born in the UK to an eligible Afghan citizen with limited permission to enter or stay

Paragraphs 304-309 of the Immigration Rules set out eligibility requirements for UK born children to be granted permission to stay with parents who have permission to enter or remain in the UK but who are not settled for the purposes of the Immigration Rules.

UK born children of Afghan individuals who have relocated under the EGS who hold limited permission to enter or remain can be granted permission in line with their parents on request. There is no fee associated with this application.

Such children may apply for settlement when their parent does. Requests for leave in line for UK born children should be sent to:

RCM Leave in Line Team
7th Floor
The Capital Building
Liverpool
L2 0QN

With the following information:

• covering letter requesting leave in line with the details of the parent that has relocated and their Home Office reference number
• original long birth certificate for the UK born child
• two recent passport photographs with the name of the child on the back The original biometric residence permit (BRP) for the parents is not needed.

Children born in the UK to a settled parent

A child born to a settled parent in the UK is automatically a British citizen. As a British citizen, they have an automatic right of abode in the UK and do not need to apply for any other status. They can apply for a British passport or ask for a letter confirming citizenship to show their immigration status.

DNA evidence

Applicants cannot be required to provide DNA evidence to support an immigration application. However, in some circumstances applicants may choose to do so as it may be the simplest and most effective means for them to prove their claimed relationship. Applicants may choose to do so proactively, or, where evidence already provided is insufficient to demonstrate the claimed relationship, they may choose to include DNA evidence following a request for further information, as one of a range of options to prove the relationship. It must be entirely voluntary, and it is the applicant’s choice whether to provide DNA evidence.

Any DNA evidence which is provided must be from an ISO-accredited testing laboratory, and it is strongly recommended that the applicant provide evidence that the DNA sampling process met adequate collection standards. Every person aged over 16 who has agreed to provide a DNA sample must provide evidence of their consent in writing to the DNA testing laboratory. The person who has parental responsibility for the child must provide written consent to the testing laboratory on behalf of children who are aged under 16.

Where a decision can be made on whether the claimed biological relationship exists without further evidence, such as DNA evidence, the applicant must not be invited to volunteer further evidence. If an applicant chooses not to provide DNA evidence, no negative inferences can be drawn from this. In the absence of DNA evidence, an application must be determined by carefully considering the available evidence.

Where DNA evidence is voluntarily provided to prove paternity, it is advised that DNA samples from both parents and the child are tested, as this produces more accurate results. However, there may be circumstances where this is not always possible.

For further detailed guidance on the Home Office DNA policy, see DNA policy guidance.

Adopted children

For applications involving adopted children, you must refer to Adoption guidance.

Paragraphs 309 and 310 of Part 8 of the Immigration Rules provide detail on the requirements that must be met.

You might also encounter what is known as a de facto adoption where a child has been incorporated into another family than the one into which they were born and has been cared for in that family, but where no formal adoption has taken place. Unlike formal adoptions which can be established on the basis of documentary evidence, de facto adoptions often have little or no documentary evidence to support them. In such instances, the eligible Afghan citizen must be asked to produce evidence to demonstrate that the child has been incorporated into their family. It is likely that a variety of documentation will be produced and that the type of evidence produced might vary from case to case.

The requirements of Appendix ARAP paragraph 12 must be met before any child, including one who is subject of a de facto adoption, can be granted entry clearance. If you have insufficient information to enable a decision to be made where a de facto adoption is claimed, you must ask for additional information to be produced.

If you conclude that the child qualifies as the dependant of an Afghan eligible citizen under paragraph 12 of Appendix ARAP, you must contact the local authority child services to ensure that appropriate safeguarding processes can be put in place.

Polygamous relationships

Paragraphs 11.4 and 13 of Appendix ARAP state that if the relevant Afghan citizen has more than one partner, only one partner can apply for entry clearance or settlement in the UK under the ARAP.

Where the main applicant is in a polygamous or polyandrous marriage, only one partner can be eligible for relocation under the ARAP.

For applications involving polygamous or polyandrous relationships, you must refer to Partners, divorce and dissolution guidance.

Eligible Afghan citizen is deceased

The ARAP Immigration Rules do not provide for bereaved family members. However, bereaved family will be considered under Appendix ARAP on a concessionary basis, as if the principal had not died, if all of the following apply:

• the principal Afghan citizen applied for support or relocation under the ARAP before they died
• the family members and additional family members were included in the application
• the principal Afghan citizen was deemed eligible for relocation to the UK including where that decision was made after they died
• the application process and the ARAP Immigration Rules requirements for relocation to the UK are otherwise met

In cases where the principal Afghan citizen did not submit an application while they were alive, bereaved family members will also be considered under Appendix ARAP on a concessionary basis if the following apply:

• the principal Afghan citizen would have been deemed eligible for relocation to the UK under the ARAP if they were still alive
• the application process and the ARAP Immigration Rules requirements for relocation to the UK are otherwise met by bereaved family members

In addition, both of the following clauses must be met:

• change of circumstances: the bereaved family members must demonstrate that the principal Afghan citizen is deceased - they must also demonstrate that they were related as claimed
• proximity to the death: the bereaved family members must demonstrate that the death of the principal Afghan citizen has had a direct impact upon the level of risk they face or their level of vulnerability

These concessions are in recognition of the exceptional limited circumstances of the death of an eligible Afghan citizen and the debt of gratitude we owe to those who worked for or with UK forces in Afghanistan and their family members.

Divorced partners

For applications involving divorced relevant Afghan citizens, you must refer to Partners, divorce and dissolution guidance to establish how to evidence that a divorce has taken place. Family members are not eligible to apply for ARAP in their own right.

Under 18 partner

For applications involving a marriage or civil partnership contracted whilst one or the other applicant was under 18 you must refer to Partners, divorce and dissolution guidance. A person cannot be eligible under the ARAP as a partner if they are under 18 at the date of application – including where the partnership is between additional family members.

A marriage or civil partnership that is lawfully contracted before the age of 18 overseas, can only be taken into account under the Immigration Rules for entry clearance or settlement in the UK as a partner once the applicant and the sponsor are both 18 or older.

A marriage which was contracted when one or both partners was aged under 18 is recognised once both partners are over 18, if:

• the marriage was valid in the country it took place
• both parties to the marriage had the legal capacity under the law of their domicile to marry each other or enter into a civil partnership

An under 18 partner who is therefore ineligible for support or relocation under the ARAP cannot otherwise be considered as an additional family member under the ARAP.

Applicant is pregnant

The ARAP Immigration Rules do not provide for an unborn child of an ARAP applicant. However, a child who is born after the ARAP application is made will be considered under Appendix ARAP on a concessionary basis, as if they had been born at the date of application, if all of the following apply:

• the principal Afghan citizen applied for support or relocation under the ARAP before the child was born
• the mother was included in the application as a family member or additional family member
• the principal Afghan citizen and the child’s mother were deemed eligible for relocation to the UK including where that decision was made before the child was born
• the application process and the ARAP Immigration Rules requirements for relocation to the UK are otherwise met

This is in recognition of the exceptional limited circumstances of the post-application birth of an eligible Afghan citizen’s, their partner’s, or an additional family member’s child and the debt of gratitude we owe to those who worked for or with UK forces in Afghanistan and their family members.

A child born to a settled parent in the UK is automatically a British citizen. As a British citizen, they have an automatic right of abode in the UK and do not need to apply for any other status. They can apply for a British passport or ask for a letter confirming citizenship to show their immigration status.

Afghan Relocations and Assistance Policy (ARAP) suitability

Once the Defence Afghan Relocations and Resettlement (DARR) team has submitted the application for entry clearance or settlement to the Home Office, it will be considered by the Joint Afghan Caseworking Unit following biometric enrolment and security checks.

If the biometric and security checks do not reveal adverse information, an entry clearance will be granted that confers settlement on arrival in the UK, or the applicant will be granted settlement if they are in the UK.

Cases where biometric and security checks do reveal adverse information will be dealt with on a case-by-case basis. Details of suitability requirements can be found in Part 9 of the Immigration Rules.

Ex-gratia scheme

This section explains the ex-gratia scheme (EGS), which is available to individuals who have worked with or alongside the UK government department or Unit in Afghanistan. Eligibility for the scheme is initially assessed by the government department or unit responsible for the member of staff.

This scheme closes on 30 November 2022 at which point new applications for relocation must be made under the Afghan Relocations and Assistance Policy (ARAP). Caseworkers may encounter individuals who are in the UK with limited permission to stay under ARAP who are eligible to apply for settlement.

Applications for settlement must be handled in the same way as ARAP settlement applications.

Those with EGS status cannot make applications for the relocation of family members or additional family members under the ARAP.

Ex-gratia scheme overview

On 4 June 2013, the Secretary of State for Defence announced the scheme to make ex-gratia offers to eligible individuals who have been or would be made redundant as a direct consequence of the UK’s military drawdown from Afghanistan.

In October 2020, the scheme was expanded to make ex-gratia offers to eligible individuals who resigned having worked for the UK government in Afghanistan.

Eligibility under the EGS was set out in paragraph 276BB6 of Part 7 of the Immigration Rules (HC252):

276BB6. A person falls within paragraph 276BB1 under the Afghanistan Locally Employed Staff Ex-Gratia Scheme if:

• the person was directly employed in Afghanistan by a UK government department; and
• the person was made redundant or resigned on or after 1 May 2006; and
• the person served for a minimum of 12 months prior to either redundancy or resignation and served on frontline duties in an exposed role; and
• the person submits an application for consideration not later than 30 November 2022; and
• a UK government department has determined that the person should qualify for relocation under the ex-gratia redundancy or resignation package including confirmation that they served on frontline duties in an exposed role

The scheme will close on 30 November 2022, at which point the ARAP scheme will be the sole route for assistance, including relocation to the UK, for relevant Afghan citizens and their family members.

The Ex-Gratia Scheme guidance provides further detail regarding the 3 offers available under the scheme and the eligibility criteria, which is assessed by the sponsoring government department. Eligible individuals can only accept one of the offers available under the scheme.

Settlement applications

This section provides information on the route to settlement for those who arrived under the EGS or the ARAP prior to 1 September 2021 and who have not been contacted by the Home Office to convert limited permission to stay to settlement.

Eligible Afghan citizens who apply for and meet the requirements for entry clearance will be granted immediate settlement (indefinite leave to enter or remain). Those with limited permission can apply at any point for settlement during the tenure of their limited permission.

The Immigration Rules (Appendix ARAP paragraphs 7.1-7.2 and 17.2) set out the provision for an eligible Afghan citizen and their family members to be granted settlement.

Only applications for settlement from individuals in one of the following categories can be accepted:

• a person who was granted entry clearance for 5 years’ limited permission to stay under the EGS or the ARAP prior to 1 September 2021
• a dependant granted limited permission to stay under the EGS, intimidation or the ARAP in line with the relevant Afghan citizen prior to 1 September 2021 including any child born in the UK to a parent who did not hold settlement, or citizenship at the time of their birth

Fee exemption

Relevant Afghan citizens with limited leave to enter the UK can apply for settlement free of charge. Whilst applications are normally subject to a charge there is specific provision within Immigration and Nationality Fees legislation that enables relevant Afghan citizens to apply without charge. This is in recognition of the unique contribution they made in Afghanistan.

How to submit a settlement application in the UK

Those with limited permission to stay under the EGS who believe they are eligible to apply for settlement must send their details to:

[email protected]

Applications made in the UK for settlement after limited permission to enter or remain has expired

Where a relevant Afghan citizen does not make an application for settlement before their permission to enter or stay expires, they become an overstayer and can no longer benefit from any conditions that accompanied their grant of leave – such as the right to work or access to mainstream benefits. They should seek to regularise their immigration status in a route available to them or leave the UK.

If you encounter EGS applications from individuals with no permission to stay, you must contact the Armed Forces Policy team for further guidance.

Criminality checks

If there is a positive result on criminality checks, you must contact the Armed Forces Policy team for further guidance.

Granting settlement

Where the relevant Afghan citizen and any qualifying dependants meet the requirements for entry clearance, they will be issued with an entry clearance that confers settlement.

Everyone granted leave of 6 months or more will receive a biometric residence permit (BRP) to indicate their status in the UK. If an applicant presents an immigration status document (ISD) as proof of status and a grant of leave is appropriate, the updated document will be a BRP.

Refusing settlement

Settlement can only be refused on the grounds set out in Paragraph 6.1 of Appendix ARAP to the Immigration Rules.