If an asylum seeker’s application is successful, that applicant either becomes a refugee or is granted humanitarian protection with leave to remain in the UK for a period of five years.
At the conclusion of that five years period, application may be made for permanent residence which entitles the applicant to indefinite leave to remain in the UK.
Family reunion is a process by which refugees can be reunited with their immediate ‘pre-existing family members’ i.e. those with whom the applicant was normally living before fleeing to the UK; also known as ‘pre -flight family’.
The applicant must have:
- been recognised in the UK as a refugee but does not yet have British Citizenship
- been granted five years humanitarian protection but does not yet have British Citizenship
- come to the UK through the United Nations High Commissioner for Refugees.
The 1951 United Nations Convention relating to the status of refugees and the 1967 Protocol provide the primary framework for international refugee protection where the right of refugees to ‘family’ and the government’s responsibility to ensure the unity of a refugee’s family following temporary disruption due to conflict or persecution were recognised.
The European Convention on Human Rights provides the framework for ensuring the rights and fundamental freedoms of individuals in the European signatory states.
Article 23 is concerned with the maintenance of family unity and establishes that qualifying family members are entitled to claim the rights set out in Articles 24 to 34, also reflected in Part 11 of the Immigration Rules.
Family Members Who Can Make An Application
Pre-flight family are primarily:
- spouse/civil partner
- unmarried or same sex partner
- any child, under the age of 18, of a parent who is a refugee or beneficiary of humanitarian protection, or
- any child of a relative whose family member is a refugee or beneficiary of humanitarian protection.
These are family members who did not form part of the immediate family unit before the asylum seeker fled their country and includes:
- children who were conceived after the asylum seeker fled their country
- adult dependent relatives,
- other child relatives such as siblings, nieces or nephews
There is no Home Office fee applicable for family reunion applications.
How Can We Help? | Kangs Solicitors
If you are an asylum seeker or a person granted humanitarian protection in the UK, we can:
- advise and guide you on all of the various applications available.
- represent you with regard to any entry clearance application
- advise upon all relevant law and procedural requirements
- prepare all relevant documents and collate all the necessary supportive material
- liaise with the Home Office and all relevant departments.
We have a proven track record of successfully advising and guiding clients through all immigration applications and appeals processes.
Who Can I Contact For Help? | Kangs Immigration Solicitors
Kangs Solicitors has an established specialist Immigration Department and are our experienced team advise and assist clients with immigration status issues in the UK on a daily basis..
Please feel free to contact our Immigration Team through either of the following who will be happy to speak to you and guide you:
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