18 September 2018

A guide to refugee family reunion visa

Share this

Tell Us What You Think?  

Those recognised as a refugee or granted humanitarian protection can apply for family reunion visa for immediate family members to join them in the UK. Family reunion applications can be made from abroad by making an entry clearance application or from within the UK. Those granted under family reunion provisions are granted leave in line with their sponsor and are entitled to the same rights and benefits.

Family reunion and the law

Refugee family reunion represents just one of many types of visa: it is a right attached to being recognised as a refugee. The family reunion is a process by which refugees can be reunited with their immediate pre-existing or pre-flight family. In this process, the refugee in the UK becomes the sponsor and the applicants are the family members abroad who are making the application. There are some key differences between family reunion visas and other settlement visas, including the following:

  • You do not need to pay an application fee.
  • You do not need to meet any financial or accommodation requirements.
  •  Your family do not need to meet any English language requirements.

If you are seeking to rely on your right to family life in an application, it is recommended that you seek professional legal advice.

The sponsor (person in the UK)

  • The sponsor may apply for family reunion rules under the following conditions:
  • They have been recognised in the UK as a refugee, and do not yet have British citizenship.
  • They have been granted five years’ humanitarian protection, and do not yet have British citizenship.
  • They have come to the UK through the UNHCR’s resettlement programs (for example: the Gateway Protection Programme, Mandate Refugee Programme or Syrian Vulnerable Persons Resettlement Scheme).

You cannot be a sponsor (in family reunion applications) if you are a British citizen, if you are a child (i.e. under 18 years old), if you came to the UK through family reunion yourself or if you were granted refugee status as the dependent of someone with refugee status. If you are a refugee and considering becoming a British Citizen, it is advisable to wait until your family reunion application has been completed before starting the process.

The applicants (family abroad)

Only pre-existing or pre-flight families qualify for a family reunion. Pre-existing means family members, who were your family and who you were normally living with before you fled your own country (or the country where you were living). The list of eligible applicants below only applies if they are pre-existing family.

Family reunion normally takes place when family members are overseas: however; there are ways of applying for family members who are already in the UK. If your family members have arrived in the UK and you otherwise meet the criteria for a family reunion, you may be able to make an in-country application.

Qualifying family members

You will only be allowed to bring close family members who formed part of your pre-flight family unit to join you in the UK. This is limited to:

  • A spouse (wife or husband), A civil partner or an unmarried / same-sex partner, providing that you and your partner had been together for two years or more before you fled your own country to seek asylum.
  • A child under the age of 18 who is not leading an independent life, is still dependent on the family, is unmarried, is not in a civil partnership and has not formed their own separate family.
  • An adopted child if you have an adoption order and that it was granted by the administrative authority or court in that country and that it was issued in the country where the child is from or is living.
  • A child who had been conceived but was born after you left to seek asylum.
  • Step-children who are under the age of 18 and who were part of your family unit before you fled to seek asylum in the UK. This only applies if the child’s biological mother / father is dead.

Clearly, not all family members can join you in the UK. Bringing family members outside of the rules above is very difficult in a family reunion application. Instead, you may wish to consider bringing family members on another type of visa.

Adopted children

Where a sponsor has requested family reunion for a child adopted pre-flight, the sponsor must be able to demonstrate that they hold an adoption order and that it was granted either by the administrative authority in the third country or by a court which has the legal power to decide such applications. The adoption order should have been issued in the child’s country of origin, or where the child is living. The adoption order issued overseas must be recognised as valid for the purposes of UK law

Children conceived before the refugee fled their country

A child conceived before the sponsor fled to seek asylum in the UK but born post flight should be treated as part of the pre-flight family of the sponsor. The applicant still needs to provide evidence that he/she is a child of the sponsor. Grant of leave will be in line with sponsor’s leave.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Awais has an extensive experience of advising high net-worth individuals on all types of immigration matters, ranging from investor and entrepreneur visa applications to appeals and judicial reviews in the Immigration Tribunal and the High Court.

Signup for Updates


Contact Us