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Immigration Law

Application for Reunion of Refugee families

This instruction gives guidance to ECOs on the consideration of applications made by family members who want to be reunited with a person in the UK who has been:

recognised as a refugee;
granted exceptional leave to remain (prior to 1 April 2003);
granted humanitarian protection;
granted discretionary leave.

The families of asylum seekers, whose claims have not been determined, do not qualify to join them in the UK for family reunion purposes.

ECOs should bear in mind when considering family reunion applications that the Human Rights Act 1998 incorporates into domestic law those rights and freedoms guaranteed under the European Convention on Human Rights. Article 8 guarantees that everyone has the right to respect for private and family life.

A minor is a child aged under eighteen. A spouse / civil partner is the husband wife of civil partner of a principal applicant.

Eligibility of applicants for family reunion
Only pre-existing families are eligible for family reunion i.e. the spouse, civil partner and minor children who formed part of the family unit prior to the time the sponsor fled to seek asylum. Other members of the family (e.g. elderly parents) may be allowed to come to the UK if there are compelling, compassionate circumstances.

The parents and siblings of a minor who has been recognised as a refugee are not entitled to family reunion. Such applications are considered under the criteria above, i.e. there must be compelling, compassionate circumstances in order for the family to be granted entry to the UK. Family reunion may be refused if family members fall within the terms of one of the exclusion clauses in the 1951 UN Convention, which states that an individual.

has not committed a crime against peace, a war crime or a crime against humanity;
has not committed a serious non-political crime;
has not been guilty of acts contrary to the purposes and principles of the United Nations.

Eligibility of Sponsoring Family Members
i) Where the sponsor has refugee status

Pre-flight spouses, civil partners and children.
If a person has been recognised as a refugee in the UK, family members are normally recognised in line with them. However, it may not always be possible to recognise the family abroad as refugees - e.g. they may have a different nationality to the sponsor or they may not wish to be recognised as refugees. However, if they meet the criteria they should still be admitted to join the sponsor. The sponsor is not expected to meet the maintenance and accommodation requirements of the Immigration Rules, but the spouse / civil partner and dependants must show an intention to live together permanently.

Entry clearance should be endorsed:

'Family Reunion' with the sponsor's initial and name added in the additional endorsement field.

When the sponsor has been recognised as a refugee in the UK after 30 August 2005, they will have been granted 5 years limited leave to remain. The applicant should be granted limited leave to enter, (LTE) in line with the sponsor 's leave validity, Code 1A. If the sponsor was recognised as a refugee in the UK pre-August 2005 they will have indefinite leave to remain (ILR) and the applicant should be granted ILE (Indefinite leave to enter) in line with that of the sponsor and the validity will be to the term of the applicant's passport. The ECO should add the initial and surname of their sponsor in the 'Add endorsement' field. Sponsors who now have British citizenship do not qualify to sponsor family members under Family reunion, who should apply for settlement.

If issuing the visa on a UFF (Uniform Format Form) and the sponsor has limited leave to remain, the applicant should be granted limited leave to enter (LTE) in line with the sponsor's leave validity for 5 years. If the sponsor has been granted ILR, the applicant should be granted ILE for 12 months duration. The ECO should add the initial and surname of their sponsor in the 'Add endorsement' field.

ECOs may only issue a UFF after referral to ECO Support for authorisation. However the duration of leave granted should be as above. ECOs would need to include the following details in their email to ECO support:

a) details of the applicant ie name, date of birth, nationality and vaf number;

b) confirmation that they are related as claimed to the sponsor and are pre-flight family members;

c) confirmation from the ECOs that they are satisfied that the applicant meets the requirements under the Family reunion category;

d) confirmation of their sponsor's leave status granted by the Home Office eg Status letter issued to the sponsor confirming that they have been recognised as a refugee, and what leave they have been granted, either limited leave to remain (5 years) or indefinite leave to remain (ILR).

If you would like to obtain legal advice on an immigration matter then please contact our Immigration solicitors on 020 8983 8944 or by email on info@nwsolicitors.com.

Immigration Law

Application for Reunion of Refugee families

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