People with refugee status
An adult with refugee status can apply to the Home Office for their immediate family members to join them in the UK. Immediate family members include their spouse and any of their children under the age of 18. This is known as ‘family reunion’. The right to family reunion for refugees is enshrined in the Refugee Convention.
The family members must meet certain criteria before they can apply for leave to enter the UK to join a refugee:
- A spouse intending to join a refugee must have been married to them before the refugee left their country of origin. Both must show that they intend to continue to live as husband and wife in the UK.
- Any child intending to join must be under 18, the child of the person recognised as a refugee in the UK, and have been part of the family before the refugee left his or her home country. The child or young person must also be a dependant in the sense that they do not live an independent life (for example, because they are married).
It is important to note that there may be some flexibility around the above rules depending on the family circumstances. Therefore, it is vital to get good legal advice to identify any exceptional circumstances which could allow people not meeting the above criteria to join the refugee in the UK.
Status given to family members of refugees
Family members joining a refugee in the UK should normally be given refugee status unless they do not wish to be recognised as refugees. (They may, for example, want to be able to continue to travel with their own passport). In this case, they should get the same leave as the refugee, i.e. limited leave to remain unless the person was granted ILR together with refugee status.
Unlike other immigrants, immediate family members of refugees and those granted HP do not have to show that their partner in the UK can support and accommodate them. They, like the person with refugee status, are entitled to benefits and access to the labour market. The person with refugee status needs to apply to the Home Office for family reunion. At the same time, the immediate family member abroad should apply to the British Embassy or High Commission in their country to join their relative in the UK. They should not be charged for the visa application.
People with HP and DL
Since 30 August 2005 people granted HP have been granted five years leave to remain in the UK, like refugees. People with five years’ leave can apply for family reunion at any time and do not have to show that they can support those joining them as they will qualify for benefits and will be allowed to work. Prior to August 2005 HP was granted only for three years. People with just three years humanitarian protection will not qualify for family reunion until acquiring ILR and any relatives joining them may not have recourse to public funds.
People granted DL can only apply for family reunion once they are granted ILR after a total of six years of DL. In order to qualify, family members normally must:
- Either have been part of the family unit before their relative came to the UK, or
- Be other family members such as elderly parents with strong compassionate reasons for joining the person in the UK
Family members must apply for entry to the UK from abroad and show that they will not need any recourse to public funds in the UK. In other words, the person in the UK (i.e. the sponsor) must be able to support and accommodate them. Successful applicants will normally get the same leave as the person they are joining.
Family reunion for unaccompanied children with refugee status Unaccompanied refugee children who are granted refugee status are not entitled to be joined by their parents or other minor sisters or brothers unless there are compelling circumstances. |
Legal advice Applying for family reunion can in practice be a difficult and drawn-out process. The main applicant should seek legal advice to discuss eligibility and family circumstances and to get practical help with the application process itself. It is possible to appeal if the Home Office refuses an application for family reunion even though all requirements are fulfilled or if there is a case to be made on the grounds of the right to family life as set out in Article 8 of the ECHR. Again, it is important to get legal advice on this. |
Tracing family members
Some refugees and asylum seekers may have lost contact with family members outside the UK. The International Tracing and Message Service of the British Red Cross can help families separated through conflict, upheaval or natural disaster. It offers the following free services:
- Tracing service: through the International Committee of the Red Cross and through the Red Cross and Red Crescent Societies, enquiries can be made to find relatives with whom the family has lost contact due to war or disaster
- Message service: the British Red Cross helps to deliver family news internationally when normal means of communication have broken down due to war or disaster. This is done using a Red Cross message (RCM)
Details of local British Red Cross offices can be found on their website (just click on ‘In the UK’ and ‘In your area’). The British Red Cross also handles applications for travel assistance from refugees in the UK for their close family members to reunite with them in the UK and gives basic information about family reunion. To obtain an application form or for more information about family reunion and travel assistance, please contact:
Resettlement and Travel Assistance Services
British Red Cross
44 Moorfields
London EC2Y 9AL
020 7877 7292 or 020 7877 7294
Switchboard: 020 7877 7000
Fax: 020 7562 2053
familyreunion@redcross.org.uk
