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1 Family Reunion 1. Introduction 1.1 Application of this instruction in respect of children and those with children 2. Family Reunion Policy 2.1 Eligibility Eligible applicants Ineligible applicants Eligible sponsors Ineligible sponsors 2.2 Family reunion entitlements (leave not status) 2.3 Family reunion costs and charges 2.4 Refugees sur place 2.5 Other routes of entry 3. Family Reunion Process 3.1 Applications for family reunion originating abroad On arrival in the UK Entry clearance visas not issued in line with the sponsor 3.2 In country applications for family reunion 3.3 Ownership of applications for family reunion made in country 3.4 Consideration of in country applications Knowledge of language and life in the UK 3.5 Granting family reunion Case Owner action raising application Case Owner action granting application 3.6 Refusing family reunion Rights of appeal Case Owner action refusing application 4. Other Considerations 4.1 Cases where a dependant s age is disputed 4.2 Children/Young People arriving in the UK unaccompanied or accompanied 4.3 Children conceived before the refugee fled to seek asylum in the UK 4.4 UK Born children 4.5 Adopted children 4.6 Polygamous marriages 4.7 Sponsors granted humanitarian protection (HP) before 30 th August 2005 and discretionary leave (DL) Document Control

2 1. Introduction The purpose of this instruction is to provide guidance to Case Owners in asylum teams in the regions in determining applications for family reunion made within the UK. Applications for family reunion should ordinarily be made from abroad, and indeed most are. However, the Immigration Rules do allow for applications for family reunion to be made from within the UK. For information on the handling of applications for family reunion made from outside the United Kingdom, please see the Entry Clearance Guidance chapters. The United Kingdom Border Agency recognises that families become fragmented because of the speed and manner in which a person seeking asylum has fled to the United Kingdom (UK), and because of the nature of conflict, war and persecution. Family reunion is intended to allow family members (that is, those who formed part of the family unit prior to the time that the sponsor 1 fled to seek protection) to reunite with their sponsors who are recognised refugees or are benefiting from a grant of humanitarian protection (post 30 th August 2005) and rebuild their lives in the UK. The framework against which family reunion applications are made and considered is contained in Part 11 of the Immigration Rules 352A 352FJ, and as policy in this Asylum Instruction (AI). Under Part 11 of the Immigration Rules only pre-existing families are eligible for family reunion i.e. spouse, civil partner, unmarried/same sex partner and minor children who formed part of the family unit at the time the sponsor fled to seek asylum. Under Part 8 of the Immigration Rules, other family members of refugees and those granted humanitarian protection may be able to come to the UK. See Other routes of entry. 1.1 Application of this instruction in respect of children and those with children Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the UK Border Agency to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. It does not impose any new functions, or override existing functions. Case Owners must comply with the section 55 duty in carrying out the actions set out in this instruction, in respect of children and those with children. The UK Border Agency statutory guidance under section 55 Every Child Matters - Change for Children sets out the key principles to take into account in all Agency activities. 1 The sponsor is the individual who has been granted refugee status or humanitarian protection in the UK, and accordingly sponsors the applicant to join them.

3 Our statutory duty to children includes the need to demonstrate: Fair treatment which meets the same standard a British child would receive; The child s best interests are a primary, although not the only consideration, in any decision affecting the child; No discrimination of any kind; Asylum applications are dealt with in a timely fashion; Identification of those that might be at risk from harm.

4 2. Family Reunion Policy Family reunion applications are considered under Part 11 of the Immigration Rules, paragraphs 352A-FJ, alongside the written policy contained within this instruction. 2.1 Eligibility Only pre-existing families qualify for family reunion. Paragraphs 352A-FJ of the Immigration Rules lay out the detailed eligibility for the different family reunion applications which may be made. The particular rule applicable to a family reunion application will depend upon the relationship of the applicant to the sponsor, and on the sponsor s status. The exact criteria set out in the Immigration Rules must be applied when considering an application for family reunion Eligible applicants For the purposes of family reunion, paragraphs 352A-FJ define a qualifying family member of a person granted refugee status or humanitarian protection as; A spouse A civil partner An unmarried/same sex partner providing that the parties have lived together in a relationship akin to either marriage or civil partnership for two years or more and the sponsor was granted asylum or humanitarian protection on or after 9 October A child under the age of 18, who is not leading an independent life, is unmarried and is not in a civil partnership and has not formed an independent family unit Ineligible applicants The Immigration Rules and the UK Border Agency s policy do not allow the following persons to be applicants for family reunion purposes: Persons who fall within the terms of one of the exclusion clauses listed under 1F of the 1951 Refugee Convention Post-flight family members, including persons who formed the relationship with the sponsor in a third country, after the sponsor fled their country of origin and arrived in the UK to seek asylum Fiancées, unless satisfying another rule, e.g., as a civil partner or unmarried/same sex partner (Immigration Rules 352A or 352AA) A dependent child over the age of 18 and other dependent relatives (e.g., elderly parents, siblings, etc.). Family members party to a polygamous 2 marriage Family members in a consanguineous 3 relationship 2 A polygamous marriage is one that includes more than two partners. 3 A consanguineous relationship is one that is made up of two partners from the same kinship; the legal definition of consanguinity is directly relevant in determining whether a couple can marry.

5 Family members of children who have been recognised as a refugee or have been given humanitarian protection De facto adoption cases UK born children born after the grant of asylum (unless conceived preflight, see 4.3 Children conceived before the refugee fled to seek asylum in the UK and 4.4 UK Born children). Some individuals within some of these categories may, however, qualify under another Immigration Rule (see Other routes of entry) Eligible sponsors For the purposes of family reunion, paragraphs 352A-FJ define a sponsor as; A person who has been recognised in the UK as a refugee, who has not yet obtained British citizenship. A person who has been granted 5 years humanitarian protection but has not yet obtained British citizenship. A person who acquired their refugee status as a result of being the dependant of a sponsor who was recognised as a refugee but has not yet obtained British citizenship. A person who was granted 5 years humanitarian protection as a result of being the dependant of a sponsor who was granted 5 years humanitarian protection but has not yet obtained British citizenship Ineligible sponsors The Immigration Rules and the UK Border Agency s policy do not allow the following persons to be sponsors for family reunion purposes: An asylum seeker whose claim in the UK has not been determined A British Citizen (even though they were previously granted refugee status or humanitarian protection) A minor with leave otherwise qualifying him/her as a sponsor (even to sponsor parents). A family member of a refugee (or person granted 5 years humanitarian protection) who has obtained entry clearance from abroad to join them in the UK and who has not qualified as a refugee (or person eligible for humanitarian protection) in their own right. A family member of a refugee (or person granted 5 years humanitarian protection) who has been granted leave in line with the sponsor following an in country application for family reunion, and who has not qualified as a refugee (or person eligible for humanitarian protection) in their own right. See Other routes of entry for further information. 2.2 Family reunion entitlements (leave not status) Successful family reunion applicants will be granted leave in line with the sponsor but they will not be granted status in line as they themselves are not necessarily recognised as refugees. This leave will be granted to expire at

6 the same time as the sponsor s leave expires. If the sponsor has indefinite leave to remain (ILR), the successful applicant will be granted ILR in line. As the dependant of a refugee, they are eligible for certain things that the refugee is entitled to, for example access to public funds, and a Convention Travel Document (subject to application form criteria). They are not automatically a refugee in their own right, however, and are not eligible to sponsor family reunion applications of their own under Part 11 of the Immigration Rules. All Convention Travel Documents issued to successful family reunion applicants since 21 February 2011 should contain an endorsement making it clear that the holder cannot sponsor under the family reunion rules in their own right. 2.3 Family reunion costs and charges Family reunion sponsors who are refugees or those with humanitarian protection are not required to meet the normal maintenance and accommodation requirements. There are no visa/settlement application charges for applications made for family reunion within Part 11 of the Immigration Rules. 2.4 Refugees sur place A "refugee sur place" is someone who falls within the Convention definition of a refugee some time after they left their home country or place of habitual residence. For instance, a person already outside their country of origin when a change of circumstances occurs in their home country which gives rise to a well-founded fear of persecution for a Convention reason. Individuals who are granted refugee status or humanitarian protection on sur place grounds are eligible for family reunion. For such individuals, as long as the family unit was formed before the claim of asylum, it will be treated as pre-flight. 2.5 Other routes of entry Those ineligible to apply for family reunion may be able to enter the UK through alternative routes, for example: Post-flight family members 4 of refugees and those with humanitarian protection may be eligible to join their sponsor under Immigration Rules 319L-U (Part 8) Other Dependant Relatives of refugees and those with humanitarian protection may be eligible to join their sponsor under Immigration Rules 4 The definition of post-flight family member is given in Rules 319L-U, and includes the spouse, civil partner, unmarried or same-sex partner, or child under 18, of the refugee or person with humanitarian protection.

7 319V-YB (Part 8) (see Eligible applicants for further information on who qualifies as a dependant) These applications are not family reunion applications, rather they are alternative routes of entry to the UK for extended family members of refugees and those with humanitarian protection. Both of these routes are charged, and the sponsor is required to meet the maintenance and accommodation requirements. For further information on these routes of entry, please see the Entry Clearance Guidance.

8 3. Family Reunion Process 3.1 Applications for family reunion originating abroad Family members living outside the UK wishing to join a family member in this country under family reunion rules should seek the appropriate entry clearance from Posts in their country of residence. See Entry Clearance Guidance On arrival in the UK On arrival, an Immigration Officer (IO) will examine the individual s entry clearance visa, and if satisfied as to the identity of the family reunion family member, the IO will grant leave to enter to the individual as per their entry clearance visa. The entry clearance visa does not confer status in line, only leave in line Entry clearance visas not issued in line with the sponsor The visa affixed to the applicant s passport/uniform Format Form (UFF) 5 should be endorsed with leave in line with the applicant s UK sponsor. If for some reason the visa has been endorsed in error with leave that is different to that held by the sponsor, the applicant should write to the Referred Casework Unit (RCU) at: UK Border Agency Referred Casework Unit (IG) EC Errors 15 th Floor Apollo House 36 Wellesley Road Croydon CR9 3 RR The applicant should state what they believe the error to be and enclose the original document they used to travel to the UK on, with two passport sized photographs for each applicant, with their names and dates of birth on the back of each photo. 3.2 In country applications for family reunion The Immigration Rules paragraphs 352A-FJ allow for in country applications. Applications made under the rules are non-charged and should be made in one of two ways: by letter to the Case Owner who processed the sponsor s asylum application and granted leave; or using from FLR (O), sent to the Case Owner who processed the sponsor s asylum application and granted leave, NOT to the address 5 Uniform Format Form (UFF) - a one way travel document issued by Entry Clearance Officers (ECO) at Posts abroad to applicants who do not own or hold suitable travel documentation. It should be noted that an individual is not required to hold a passport in order to make an application for family reunion.

9 given on form FLR(O). If form FLR(O) is sent to the address given on the form, it may be rejected in error as this is a fee-processing centre, and family reunion applications should not be accompanied by a fee. 3.3 Ownership of applications for family reunion made in country In country applications should be allocated to the unit who were responsible for resolving the asylum claim of the sponsor of the family reunion application. If the family have moved to an address covered by a different region then the region that covers the current address should take responsibility for dealing with the family reunion application. Case Owners should be aware that they may need to transfer out, or accept transfer in of, a family reunion application on this basis. 3.4 Consideration of in country applications On receipt of an application Case Owners must be satisfied of the following: That the applicant satisfies the requirements of the Immigration Rules 352A FJ. The applicant is who they claim to be (if individuals have not been through the screening process Case Owners will need to make the appropriate arrangements to have the applicant fingerprinted to confirm their identity, or tie them into an identity). The applicants are related as claimed to the sponsor. That the applicants formed part of the family unit prior to the sponsor having fled their country of origin to claim asylum in the UK. That evidence has been produced to establish that the relationship between the sponsor and the applicant is genuine i.e. that they lived together as a family unit prior to the sponsor having fled the country of origin to seek asylum in the UK and that since the applicant s arrival in the UK they have lived together, subsisting as a family unit and intend to continue to do so. However, failure to produce evidence of cohabitation in their country of origin, correspondence or contact during the period they were apart would not alone provide reason to refuse the application. Requests for documents should be sensible and realistic. Providing the Case Owner is satisfied that the evidence submitted shows that the dependant is who they claim to be and the relationship between the sponsor and the applicant is genuine and subsisting, the Case Owner may grant leave in line with the sponsor. If further evidence is required to substantiate the relationship, enquiries in the first instance should be made by post. If the Case Owner is still not satisfied

10 with the evidence they may, if they think necessary, arrange an interview with the sponsor and/or the dependant(s) Knowledge of language and life in the UK Applicants for Family Reunion who make their application from within the UK are exempt from the Knowledge of Language and Life in the UK requirement. 3.5 Granting family reunion If Case Owners are satisfied that the relationship is as claimed then leave only should be granted in line with the sponsor. 3.6 Refusing family reunion If the Case Owner is not satisfied that that the dependant is eligible for family reunion under the Immigration Rules/policy, or they fail, without reasonable explanation, to respond to requests for further information, then the application should be refused, unless refusal would be contrary to Article 8 of the European Convention of Human Rights (ECHR) or paragraph 395C of the Immigration Rules (where applicable) Rights of appeal Where a decision has been made to refuse an in country application, any right of appeal will depend on the circumstances of each case, for example whether the applicant had leave at the time of the application, and whether the refusal is accompanied by an immigration decision.

11 4. Other Considerations 4.1 Cases where a dependant s age is disputed Family Reunion as a child is only open to a minor child under the age of 18 who is not leading an independent life. In cases where the UK Border Agency sees the child (in country only), and they have little or no evidence to support their claimed age and their claim to be a child is doubted, an initial assessment of their age will be made. The applicant will be considered an adult if their physical appearance and/or general demeanour very strongly suggests that they are significantly over 18 years of age. In all other cases, we will give the applicant the benefit of the doubt and treat them as a child pending further investigation. Guidance on UKBA policy and processes for dealing with age disputed asylum claims can be found in the AI on Assessing Age. 4.2 Children/Young People arriving in the UK unaccompanied or accompanied Should a child or young person arrive in the UK unaccompanied or accompanied (by a person other than their parent/guardian) claiming that they are here to join their parent/guardian, then the following guidance relating to children arriving (unaccompanied and accompanied) in the UK should be referred to before taking any further action. 4.3 Children conceived before the refugee fled to seek asylum in the UK Children of the sponsor who were conceived before the sponsor fled to seek asylum in the UK, but born post-flight are considered part of the sponsor s pre-existing family. Proof of relationship will be required, for example in the form of a birth certificate or other documentation. If the Case Owner is satisfied that the sponsor is the child s parent, then leave in line may be granted. 4.4 UK Born children For further guidance on dealing with children born in the UK who do not fit the criteria above in Children conceived before the refugee fled to seek asylum in the UK, see the AI on dependants. 4.5 Adopted children Where a sponsor has requested family reunion for a child adopted pre-flight, the sponsor must be able to demonstrate that they hold an adoption order, and that it was granted either by the administrative authority, or by a court which has the legal power to decide such applications. The adoption order should have been issued in the child s country of origin, or where he was living. Case Owners should ensure that the adoption order issued overseas is recognised as valid for the purposes of UK law. Family Reunion applications involving de facto adoptions are considered outside the

12 Immigration Rules. Where such a situation is brought to the attention of a Case Owner a referral must be made to social services. For further information see the section headed adopted children in Chapter 8 - Family members of the Immigration Directorate Instructions (IDIs). 4.6 Polygamous marriages Paragraph 296 of the Immigration Rules states Nothing in these Rules shall be construed as permitting a child to be granted entry clearance, leave to enter or remain, or variation of leave where his parent is party to a polygamous marriage or civil partnership and any application by that parent for admission or leave to remain for settlement or with a view to settlement would be refused pursuant to paragraphs 278 or 278A. The Immigration Rules on polygamous marriages also apply to Family Reunion. For further information see the section headed polygamous marriages in Chapter 8 - Family members of the IDIs. 4.7 Sponsors granted humanitarian protection (HP) before 30 th August 2005 and discretionary leave (DL) The family members of sponsors who were granted HP before 30 August 2005 or DL are eligible to apply to join their sponsor once the latter has been granted ILR in the UK, normally after completion of three years HP or six years DL. This is not an application for family reunion, rather an application for settlement under Part 8 of the Immigration Rules. For further information see the relevant section depending on the relationship of the applicant to the sponsor in Chapter 8 - Family members of the IDIs.

13 Document Control Change Record Version Authors Date Change Reference 2.0 CC 05/07/11 First published as AI