Refugee Family Reunion Application Process

Family reunion and unity are pivotal human rights. Those who have been separated from their family during or before their flight to refuge may be able to apply to have their family join them in the UK. However, there are specific conditions for this.

Whether or not your family will be able to join you depends on the type of legal status that the individual is granted and the nature of the familial relationship.

The requirements for refugee family reunions are rather straightforward for partners and children of individuals who existed at the time that the refugee fled their origin country. These types of applications have no fees, and there is no requirement for the refugee to be based in the UK to show any specific income level or meet English language requirements.

However, new family members that the refugee may have married after they left their origin country, or newly born children over the age of 18 at the time of application, and other relatives will find it harder to meet the requirements. This is because the rules will be harder to meet.

Page Contents

• What Is The Refugee Family Reunion And Who Is Eligible For It?
• Refugee Family Reunion Application Process
• How Can I Sponsor A Partner For A Family Reunion?
• Children Under The Age Of 18 In The Family Reunion Application
• When Should I Get Results From The Family Reunion Visa Application?
• What Happens After I Receive The Outcome Of The Application
• How Our Total Law Immigration Lawyers Can Help You

Eligibility

The partner or child of a refugee may be able to join the refugee in the UK and stay with them if they meet certain criteria, as follows:

• The family member was a relative before they were forced to leave their origin country.
• The family member has protection status, such as permission to stay in the country as a refugee or someone who has humanitarian protection.

If the family was formed after leaving the country, then the partner or child will first be required to apply for a visa to join their family member in the UK. The same rules apply if they cannot apply as a partner or child.

There are some instances where a partner or child will not be able to join their UK-based family member. These situations include:

• Instances where the original applicant has not yet received a decision on their claim for asylum in the UK.
• When the original applicant is under the age of 18.

Requirements For A Partner

The partner of a refugee in the UK needs to be a person who has a genuine relationship with the refugee. They must also be able to prove that one of the following is true:

• They are a married couple.
• They are in a civil partnership.

In some instances, the partner may be allowed entry into the UK if they have lived with the UK-based refugee for two years in a relationship like a marriage or civil partnership before they had to flee their country of origin.

Requirements For A Child

The child of a refugee in the UK needs to fit the following criteria:

• Be under the age of 18.
• Not be married or in a civil partnership.

However, if the child is over the age of 18, they can apply as a child if all of the following criteria apply to them:

• The child is dependent on the refugee for emotional and financial support.
• The parent of the child is in the UK, or they are considered eligible to come to the UK for a family reunion and plan to travel to the UK.
• The child has no independent life and is unable to afford essential living costs.
• The child has no other relatives for support and is unable to get work or support in the country where they currently reside.

There are certain requirements that children of refugees need to meet. The key requirements that a child must meet as per Appendix Family Reunion of Immigration Rules FRP 5.1–6.2 are as follows:

• The child must be the child of the person in the UK (sponsor) who has left as a refugee or has humanitarian protection. This also includes stepchildren and adopted children from a country that has an adoption procedure that is recognised in the UK. However, this does not cover ‘de-facto’ adoptions or customary forms of adoption where a child may live with another family member, but there has been no ‘official’ legal adoption.
• The child must be under 18 years old at the application date, or if they are ages 18 or over, there must be exceptional circumstances in effect
• The child must not be leading an independent life. Nor can they be married or in a civil partnership. The child can also not have an independent family unit.
• The child must have been a part of the family unit of the refugee at the time when the refugee left their origin country. Meaning conception or birth before the refugee flees their origin country.

There are no requirements to show any adequate accommodation or maintenance without recourse to public funding for this. Sponsors can receive benefits and still sponsor their children to enter the UK if the other requirements are met.

With these rules in place, it is also important to note that refugees in the UK can sponsor children who are not their own but are family members, such as grandchildren, nieces, or nephews. Through this route, you can also bring children being raised via a family ‘de-facto’ adoption. The requirements in this case for the applicant are as follows:

• The child is a relative of the UK-based refugee who has refugee or humanitarian protection leave.
• The child is under the age of 18 at the application date and has established their identity or nationality.
• The child can show that there are compelling or serious family (or alternative) considerations that make the child’s exclusion undesirable.
• The child must not be leading an independent life, be in a civil partnership, be married, or have a family unit.
• The child can or will be maintained and accommodated adequately in the UK without additional recourse to public funding or the accommodation that the sponsor currently occupies.
• Suitable arrangements are in place for the care and accommodation of the applicant.

Adequate accommodation and maintenance without recourse to benefits does apply here, but the UK minimum income threshold of £18,600 is not applicable.

It typically takes a minimum of three months for a family reunion visa to be processed. But be aware that it can take longer for the Home Office to make a decision based on the collection of evidence.

It can also take longer for the whole process to be completed, depending on the evidence prepared and collected and how much supporting documentation is provided.

If the application is refused, applicants have a right to appeal, even if this right is not mentioned in the letter of refusal. Applicants will have 28 days after receiving the decision to appeal.

However, if the application is accepted, the family member will be given a visa that will last 90 days. The family will have a three-month period during which they need to travel to the UK. However, if this is not achievable due to circumstances outside of their control, then their visa will expire, but they can renew it. If the family member needs to renew their visa, then they must contact the Home Office.

Once the family member is in the UK, they will be provided with a BRP (Biometric Residence Permit) that will last as long as the refugee status.

Note that once the refugee family member in the UK applies for ILR (Indefinite Leave to Remain) after their refugee status or humanitarian protection, it is best to seek legal advice as to the family member’s UK leave.

This is because the family members’ right to be in the UK depends on the relationship they have with the refugee. If this relationship should change or break down, or once the individual’s status changes, there may be implications for the family members.