Financial and other matters

17Family unity for those seeking asylum or other protection in Europe

F11

A Minister of the Crown must, within the period of two months beginning with the day on which the European Union (Withdrawal Agreement) Act 2020 is passed, lay before Parliament a statement of policy in relation to any future arrangements between the United Kingdom and the EU about—

a

unaccompanied children, who make an application for international protection to a member State, coming to the United Kingdom where it is in their best interests to join a relative who—

i

is a lawful resident of the United Kingdom, or

ii

has made a protection claim which has not been decided, and

b

unaccompanied children in the United Kingdom, who make a protection claim, going to a member State to join a relative there in equivalent circumstances.

2

For the purposes of subsection (1)(a)(i) a person is not a lawful resident of the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

3

For the purposes of subsection (1)(a)(ii), a protection claim is decided—

a

when the Secretary of State notifies the claimant of the Secretary of State's decision on the claim, unless the claimant appeals against the decision, or

b

if the claimant appeals against the Secretary of State's decision on the claim, when the appeal is disposed of.

4

In this section—

  • “application for international protection” has the meaning given by Article 2(h) of Directive 2011/95/EU of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted;

  • “protection claim” has the same meaning as in Part 5 of the Nationality, Immigration and Asylum Act 2002 (see section 82(2) of that Act);

  • “relative”, in relation to an unaccompanied child, means—

    1. a

      a spouse or civil partner of the child or any person with whom the child has a durable relationship that is similar to marriage or civil partnership, or

    2. b

      a parent, grandparent, uncle, aunt, brother or sister of the child;

  • “unaccompanied child” means a person under the age of 18 (“the child”) who is not in the care of a person who—

    1. a

      is aged 18 or over, and

    2. b

      by law or custom of the country or territory in which the child is present, has responsibility for caring for the child.