OpenLegislation

Paragraph 9 Relevant Afghan citizens and their family membersI1

England and Wales

(1)

A relevant Afghan citizen who is ordinarily resident in—

(a)

the United Kingdom and the Islands and has not ceased to be so resident since being granted such leave, and

(b)

the United Kingdom on the first day of the first academic year of the course.

(2)

A person who—

(a)

is the spouse or civil partner of a relevant Afghan citizen,

(b)

on the leave application date was the spouse or civil partner of a relevant Afghan citizen,

(c)

is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

(d)

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(3)

A person who—

(a)

is—

(i)

the child of a relevant Afghan citizen, or

(ii)

the child of the spouse or civil partner of a relevant Afghan citizen,

(b)

on the leave application date was—

(i)

under 18 years old, and

(ii)

the child of the relevant Afghan citizen or, as the case may be, the child of a person who was the spouse or civil partner of a relevant Afghan citizen,

(c)

is ordinarily resident in the United Kingdom and the Islands and has not ceased to be so resident since being granted leave to enter or remain in the United Kingdom, and

(d)

is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(4)

In this paragraph—

  • “leave application date” (“dyddiad y cais i gael caniatâd i ddod i mewn neu i aros”) means the date on which a person (“P”) made an application for leave to enter or remain in the United Kingdom that results in P becoming a relevant Afghan citizen;

  • “relevant Afghan citizen” (“dinesydd perthnasol o Affganistan”) means a person who has—

    1. (a)

      indefinite leave to enter the United Kingdom under paragraph 276BA2 of the immigration rules or indefinite leave to remain in the United Kingdom under paragraph 276BS2 of the immigration rules,

    2. (b)

      indefinite leave to enter the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy to the immigration rules or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.2 of that Appendix to the immigration rules,

    3. (c)

      leave to enter or indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Relocations and Assistance Policy Scheme,

    4. (d)

      indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghan Citizens Resettlement Scheme, or

    5. (e)

      indefinite leave to enter or remain in the United Kingdom outside the immigration rules on the basis of the Afghanistan Response Routef1.

Annotations

Commencement

I1

Sch. para. 9 in force at 1.4.2026, see reg. 1(2)

Footnotes

f1

The Afghanistan Response Route was discontinued on 4 July 2025. Ministry of Defence guidance in relation to this route is available here: https://www.gov.uk/guidance/afghanistan-response-route.