Immigration Rules for the Reunion of Refugee’s with Family Members
The Home Office has made provisions in the Immigration Rules to allow recognised refugees or those granted humanitarian protection to bring and/or accept their family members in the United Kingdom.
There are mainly two scenarios:
- To include his/her family member in their asylum application. Thus, if that individual is then granted refugee status or humanitarian protection, their family members are normally granted leave in line.
- When an individual fled his/her home country alone and is subsequently granted refugee status or humanitarian protection, s/he may bring their family members to the United Kingdom.
The provisions will vary depending on whether the family members are deemed to be pre-flight or post-flight members.
Pre-flight family members
The following will be included in this category:
- Husband, wife or civil partner
- Unmarried or same sex partner
- The child of the parent who is the refugee or beneficiary of humanitarian protection
- The child of a relative whose family member is the refugee or beneficiary of humanitarian protection.
The above ought to be granted leave to remain in the UK with the same length of stay as the asylum applicant. However, they may not receive the same status, thus they will not be a refugee or have humanitarian protection.
Post-flight family members
These are defined as those who did not form part of the immediate family unit before the asylum seeker fled their country. This includes:
- Children who were conceived after the asylum seeker fled their country
- Adult dependent relatives
- Other child relatives such as siblings or nieces and nephews.
The above is a summary; and the procedure for applications will depend on a person’s location and circumstances. If you require specific advice on how to re-unite with your family members, do not hesitate to contact our office on 0203 503 0880 to speak to one of our specialists.