Immigration: Family reunions given new rules

On 9 March 2023, the latest Statement of Changes in Immigration Rules was published and some significant amendments were announced. Such amendments include changes to salary thresholds, the Innovator route, continuous residence and the EU Settlement Scheme, to name a few. However, one of the most significant changes is the introduction of a new appendix relating to family reunion applications.

Family Reunion (Protection)

From 12 April 2023, applications for family reunion will be considered under Appendix Family Reunion (Protection). Refugee family reunion applications can be made by a spouse or the children of an individual who has been granted refugee status in the UK, to allow them to reunite as a family unit in the UK, subject to a number of conditions. We saw amendments made to the policy and the rules in June 2022, when the introduction of group 1 and group 2 refugee status under the Nationality and Borders Act 2022 was announced. However, there will now be a dedicated appendix relevant to such applications. The Statement of Changes sets out the new appendix from p 165 onwards and is meant to simplify the rules, following the recommendations made by the Law Commission for England & Wales in its report dated January 2020.

What are the rules?

A spouse or partner applying for family reunion must have been in a relationship with the person who has protection status (sponsor) before that person left their country of habitual residence. That relationship must be genuine and subsisting, and they cannot be within a prohibited degree of relationship as defined in Appendix Relationship with Partner.

A child applying to join their parent who has protection status in the UK must be under the age of 18 at the time of application, have formed part of the family unit before the sponsor left the country of habitual residence and not have formed their own independent family unit. If the child applicant is over the age of 18, there must be exceptional circumstances that demonstrate the applicant should be permitted to reside in the UK with their sponsor. FRP 6.2 of Appendix Family Reunion (Protection) outlines specific considerations; however it notes that all relevant factors must be taken into account.

Applicants who do not fall under spouse, partner or child but who were part of the family unit before the sponsor left their country of habitual residence, can still apply, outside of the rules.

The appendix also contains a provision stating that where an applicant does not meet the requirements, the application can succeed if exceptional circumstances would render a refusal contrary to article 8 of the European Convention on Human Rights. 

If an application is granted, the applicant will be granted permission to stay for a period equal to that of their sponsor. Outside of the rules, applications also must raise exceptional circumstances to improve their chances of success, especially as the Home Office continues to restrict those eligible.

Not everyone who is granted refugee status or humanitarian protection will be eligible for family reunion. If a sponsor was granted status before 28 June 2022, they are eligible sponsors, subject to them meeting all of the requirements. If the sponsor is categorised as a group 1 refugee, they are eligible to apply similarly to those granted before the relevant date. Anyone categorised under group 2 refugee status, or granted humanitarian protection, will have to demonstrate that there are insurmountable obstacles to their family life continuing outside the UK and that a refusal would result in a breach of article 8 ECHR. 

What next?

Although there is no real policy change within the appendix, and indeed it does appear to have simplified the rules, there is concern that applications outside of the rules may now prove even more difficult. Further, there is the firm statement that biometrics now must be provided to validate an application. This has, on occasion, been waived for applicants who are unable to attend a visa application centre. Whether this will continue is yet to be seen. However, refugee family reunion was already restricted by the 2022 Act. There continue to be fewer legal routes for those seeking protection and their families. As ever, immigration practitioners will await to discover how the new rules will work in practice.  

Megan Anderson is moving to a new job on qualifying and this is her last briefing. We thank her for her contributions over the past couple of years. – Editor