WP_Post Object ( [ID] => 45498 [post_author] => 23 [post_date] => 2017-02-24 16:52:24 [post_date_gmt] => 2017-02-24 16:52:24 [post_content] => There are an increasing number of refugees who have been resettled to the UK under the UK's two resettlement schemes, the Gateway Protection Programme and the Syrian resettlement programme, or under the Mandate Refugee Programme.Resettled refugees should be eligible for family reunion, proividing they have been recognised as refugees. The Immigration Rules do not say anything about resettled refugees but they do not need to: a refugee is a refugee.Helpfully, Government guidance (SET10.4) seems to confirm this:
Applicant/s to join a sponsor who is on the Gateway Protection Program or Mandate Refugee Program will go to the Embassy / Mission and identify themselves, either by stating that they are related to a family member who was resettled to the UK under one of the two programmes or they may provide a letter. Such applications should be considered under the current FR policy. The ECOs (Home Office officials) need to be satisfied that the sponsor declared the dependant on their resettlement application to confirm that they are all related as claimed.
In the Red Cross’s study on refugee family reunion (page 24 of their report), three sponsors were eligible for refugee family reunion because they entered under the Gateway scheme. Nonetheless, the Red Cross suggest in a footnote that there is debate as to whether they are eligible for family reunion. [post_title] => Resettled refugees [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => resettled-refugees [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:52:24 [post_modified_gmt] => 2017-02-24 16:52:24 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45498 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45497 [post_author] => 23 [post_date] => 2017-02-24 16:51:19 [post_date_gmt] => 2017-02-24 16:51:19 [post_content] => Most refugees in the UK claimed asylum once they had reached the UK. It is clear that they can sponsor family members as described here.If a refugee becomes a British citizen, however, he or she loses the right to refugee family reunion and will need to apply for family members using the normal immigration rules. [post_title] => Refugees who claimed asylum in UK [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => refugees-claimed-asylum-uk [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:51:19 [post_modified_gmt] => 2017-02-24 16:51:19 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45497 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45496 [post_author] => 23 [post_date] => 2017-02-24 16:50:26 [post_date_gmt] => 2017-02-24 16:50:26 [post_content] => There is provision in the Immigration Rules for a refugee to sponsor the entry of children to whom the refuge is related but who are not his or her own children. For example, the children might be nieces or nephews or grandchildren. The relevant rule is paragraph 319X of the Immigration Rules. There are requirements over and above those for a refugee's own children, however. The main requirements are that the applicant:
  1. Be under the age of 18 at the date of application
  2. Be able to show there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care
  3. Not be leading an independent life, cannot be married or in a civil partnership, and must not have formed an independent family unit
  4. Have been part of the family unit of the refugee at the time the refugee left the country of origin
  5. Can and will be maintained and accommodated adequately in the UK without additional recourse to public funds.
The full text of paragraph 319X is as follows:
319X. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a relative with limited leave to remain as a refugee or beneficiary of humanitarian protection in the United Kingdom are that:(i) the applicant is seeking leave to enter or remain to join a relative with limited leave to enter or remain as a refugee or person with humanitarian protection; and:(ii) the relative has limited leave in the United Kingdom as a refugee or beneficiary of humanitarian protection and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and(iii) the relative is not the parent of the child who is seeking leave to enter or remain in the United Kingdom; and(iv) the applicant is under the age of 18; and(v) the applicant is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and(vi) the applicant can, and will, be accommodated adequately by the relative the child is seeking to join without recourse to public funds in accommodation which the relative in the United Kingdom owns or occupies exclusively; and(vii) the applicant can, and will, be maintained adequately by the relative in the United Kingdom without recourse to public funds; and(viii) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, holds valid leave to remain in this or another capacity.
It can be seen that the requirement to show adequate maintenance and accommodation without recourse to public funds does apply in this type of case. However, the minimum income threshold of £18,600 does not apply.[su_box title="Example"]Returning to Ahmed and his family again, Ahmed's sister, her husband and three of her children were killed in an explosion. One of her children, Amaal, survived and Ahmed and Fatima have looked after her ever since. Amaal is 8 years old now and, because of injuries sustained in the explosion, is now disabled.Amaal will not be eligible to join Ahmed and the rest of the family until Ahmed can find a job and organise adequate accommodation. This is because the adequate maintenance and accommodation without recourse to public funds requirement does apply to this type of application where the child is not the refugee's own child. Amaal's tragic personal background and age means that she will probably meet the "serious and compelling" circumstances requirement, though.[/su_box] [post_title] => Other children related to a refugee [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => children-related-refugee [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:50:26 [post_modified_gmt] => 2017-02-24 16:50:26 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45496 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45495 [post_author] => 23 [post_date] => 2017-02-24 16:49:13 [post_date_gmt] => 2017-02-24 16:49:13 [post_content] => The requirements for the child of a refugee are set out at paragraph 352D of the Immigration Rules. The key requirements are that the child must:
  1. Be under the age of 18 at the date of application
  2. Not be leading an independent life, cannot be married or in a civil partnership, and must not have formed an independent family unit
  3. Have been part of the family unit of the refugee at the time the refugee left the country of origin.
The full text of paragraph 352D is as follows:
352D. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom in order to join or remain with the parent who has been granted refugee status are that the applicant:(i) is the child of a parent who is currently a refugee granted status as such under the immigration rules in the United Kingdom; and(ii) is under the age of 18, and(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and(iv) was part of the family unit of the person granted asylum at the time that the person granted asylum left the country of his habitual residence in order to seek asylum; and(v) would not be excluded from protection by virtue of article 1F of the United Nations Convention and Protocol relating to the Status of Refugees if he were to seek asylum in his own right; and(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
As with spouses and civil partners, there is no requirement to show adequate maintenance and accommodation without recourse to public funds and refugee family members are exempt from the minimum income threshold of £18,600. A refugee can be in receipt of welfare benefits but still sponsor his or her family members to come to the UK if the other requirements are met.[su_box title="Example"]Returning to the example of Ahmed and Fatima, we have already seen that Fatima is eligible for a refugee family reunion application. What about their two children?As long as the children were born before Ahmed left Somalia, are not yet 18 at the date of application and they have not formed an independent family unit, they will also be eligible. As it happens, Ahmed left Somalia 5 years ago and Mohammed and Amina are aged 7 and 9 so they will be fine, as long as they can prove they are Ahmed's children.The fact Ahmed does not yet have a job or accommodation sorted out does not matter. [/su_box] [post_title] => Children of a refugee [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => children-of-a-refugee [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:49:13 [post_modified_gmt] => 2017-02-24 16:49:13 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45495 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45494 [post_author] => 23 [post_date] => 2017-02-24 16:46:32 [post_date_gmt] => 2017-02-24 16:46:32 [post_content] => The rules for unmarried or same sex partners are set out at paragraph 352AA of the Immigration Rules. The requirements are broadly similar to those for spouses and civil partners but with some additional or slightly different key requirements:
  1. The refugee must have been granted status on or after 9 October 2006
  2. The parties have been living together in a relationship akin to either a marriage or a civil partnership which has subsisted for two years or more
  3. The relationship must have existed before the refugee feld his or her country of origin
  4. Both parties intend to live permanently wit the other and the relationship is subsisting
  5. The relationship is not "consanguineous", meaning not brother and sister or uncle and aunt or first cousons, for example.
The full text of paragraph 352AA is as follows:
352AA. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the unmarried or the same-sex partner of a person granted refugee status are that:(i) the applicant is the unmarried or same-sex partner of a person who has been granted refugee status in the United Kingdom on or after 9th October 2006; and(ii) the parties have been living together in a relationship akin to either a marriage or a civil partnership which has subsisted for two years or more; and(iii) the relationship existed before the person granted refugee status left the country of his former habitual residence in order to seek asylum; and(iv) the applicant would not be excluded from protection by virtue of paragraph 334(iii) or(v) of these Rules or article 1F of the Geneva Convention if he were to seek asylum in his own right; and(vi) each of the parties intends to live permanently with the other as his or her unmarried or same-sex partner and the relationship is subsisting; and(vii) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity.(viii) the parties are not involved in a consanguineous relationship with one another
As with spouses and civil partners, there is no requirement to show adequate maintenance and accommodation without recourse to public funds and refugee family members are exempt from the minimum income threshold of £18,600. A refugee can be in receipt of welfare benefits but still sponsor his or her family members to come to the UK if the other requirements are met.When unmarried partner cases are refused it is usually because the couple cannot adequately prove they lived together for two years or more before the refugee departed the country of origin or they cannot show a subsisting relationship, having been separated for sometimes a long time. [post_title] => Unmarried or same sex partners [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => unmarried-sex-partners [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:46:32 [post_modified_gmt] => 2017-02-24 16:46:32 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45494 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45493 [post_author] => 23 [post_date] => 2017-02-24 16:45:22 [post_date_gmt] => 2017-02-24 16:45:22 [post_content] => The rules for spouses and civil partners are set out at paragraph 352A of the Immigration Rules. The key requirements are:
  1. The applicant must be married to or be the civil partner of the refugee.
  2. The marriage or civil partnership must have occurred before the refugee left his or her country of origin.
  3. Both the applicant and their partner intend to live permanently with each other and the marriage is subsisting.
The full text of the paragraph is as follows:
352A. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse civil partner of a refugee are that:(i) the applicant is married to or the civil partner of a person who has been granted refugee status; and(ii) the marriage or civil partnership did not take place after the person granted refugee status left the country of his former habitual residence in order to seek asylum; an(iii) the applicant would not be excluded from protection by virtue of article 1F of the United Nations Convention and Protocol relating to the Status of Refugees if he were to seek asylum in his own right; and(iv) each of the parties intends to live permanently with the other as his or her spouse civil partner and the marriage is subsisting; and(v) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
There is no requirement to show adequate maintenance and accommodation without recourse to public funds and refugee family members are exempt from the minimum income threshold of £18,600. A refugee can be in receipt of welfare benefits but still sponsor his or her family members to come to the UK if the other requirements are met.When spouse and civil partner cases are refused it is usually because the couple cannot adequately prove they were lawfully married before the refugee departed the country of origin or they cannot show a subsisting marriage. These are discussed further below in the section on refusals.[su_box title="Example"]Ahmed is from Somalia. He married Fatima before he left Somalia and they had two children together. They fled to a refugee camp in Kenya but could not all manage the journey to the UK. Ahmed travelled alone and successfully claimed asylum. He is looking for work but has not found any yet but his first priority is to apply for his family to join him.Fatima is eligible to come to the UK as Ahmed's married before they left Somalia and the fact Ahmed does not yet have a job or accommodation sorted out does not matter.As discussed below, Fatima will need to show both that she is legally married to Ahmed and that she is who she says she is.[/su_box] [post_title] => Spouses and civil partners [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => spouses-civil-partners [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:45:22 [post_modified_gmt] => 2017-02-24 16:45:22 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45493 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45492 [post_author] => 23 [post_date] => 2017-02-24 16:44:03 [post_date_gmt] => 2017-02-24 16:44:03 [post_content] => There are certain general provisions which all applicants for family reunion must meet.
  1. Refugee family members must apply for a visa, formally called an “entry clearance”, before they travel to the UK. If already in the UK, though, it is possible to apply from within the UK.
  2. Refugee family members must not have committed acts that fall within the exclusion clauses of the Refugee Convention. These are acts such as war crimes or serious non political crimes.
The other requirements depend on the type of family member who is applying. [post_title] => All applications [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => all-applications [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:44:03 [post_modified_gmt] => 2017-02-24 16:44:03 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45492 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45491 [post_author] => 23 [post_date] => 2017-02-24 16:43:12 [post_date_gmt] => 2017-02-24 16:43:12 [post_content] => Applications are normally made from abroad but if your family member manages to reach the UK somehow then the rules allow applications to be made from within the UK. Each of your family members may apply for free using the FLR(O) form.Ignore the section on cost: these applications are free of charge.Do not send the form to the address given on the FLR(O) form. Instead, send it to:

Complex Casework Directorate Family Reunion Admin Team 7th Floor Capital Building Liverpool L3 9PP

[post_title] => Family are inside the UK [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => family-inside-uk [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:43:12 [post_modified_gmt] => 2017-02-24 16:43:12 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45491 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45490 [post_author] => 23 [post_date] => 2017-02-24 16:42:25 [post_date_gmt] => 2017-02-24 16:42:25 [post_content] => All applications for refugee family reunion are free of charge, including applications by those with humanitarian protection. The forms are available for free download from the Home Office website.Each family members must apply for family reunion through the Government’s visa website. In addition to this application, each of your family members should fill in the Family Settlement Application Form (VAF4A) and the Appendix 4 to it. They must also get their fingerprints and photograph taken at a visa application centre.It will always be necessary to travel to a visa application centre, even where this is very difficult or dangerous. [post_title] => Family are outside the UK [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => family-outside-uk [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:42:25 [post_modified_gmt] => 2017-02-24 16:42:25 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45490 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45484 [post_author] => 23 [post_date] => 2017-02-24 16:36:26 [post_date_gmt] => 2017-02-24 16:36:26 [post_content] => The requirements to be met are straightforward and simple for children and spouses that existed at the time the refugee fled his or her country of origin. The children must still be under the age of 18 when the application is made, though. These applications are free and there is no need to show a particular level of income in the UK; even those who are receiving welfare benefits can apply for their family members to join them as long as they can adequately prove that they are related as claimed.For new family members such as a new spouse the refugee married after leaving the country of origin or newly born child or for children who are over the age of 18 at the date of application or for other relatives, the normal immigration rules apply and these are far harder to meet. [post_title] => Introduction [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => introduction-6 [to_ping] => [pinged] => [post_modified] => 2017-02-24 16:36:26 [post_modified_gmt] => 2017-02-24 16:36:26 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45484 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 45466 [post_author] => 23 [post_date] => 2017-02-24 11:47:18 [post_date_gmt] => 2017-02-24 11:47:18 [post_content] => We're always grateful for feedback, thank you![gravityform id="1" title="true" description="true" ajax="true"] [post_title] => Feedback form [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => feedback-form-21 [to_ping] => [pinged] => [post_modified] => 2017-02-24 11:47:18 [post_modified_gmt] => 2017-02-24 11:47:18 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=45466 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 44426 [post_author] => 4385 [post_date] => 2017-02-07 18:58:56 [post_date_gmt] => 2017-02-07 18:58:56 [post_content] => [post_title] => WP Courseware test unit [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => wp-courseware-test-unit [to_ping] => [pinged] => [post_modified] => 2017-02-07 18:58:56 [post_modified_gmt] => 2017-02-07 18:58:56 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=44426 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 42659 [post_author] => 23 [post_date] => 2017-01-16 14:55:06 [post_date_gmt] => 2017-01-16 14:55:06 [post_content] => Welcome to the October 2016 immigration update course. This month I start with the abortive increase in fees for immigration appeals and changes to appeals to the Court of Appeal, cover new types of online applications available and then some EU law issues, move on to review cases including one from the Supreme Court on discrimination in nationality law and end with some Home Office policy issues.The material is all drawn from the October 2016 blog posts on Free Movement.If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.To access previous Free Movement immigration update podcasts click here.The downloadable 25 minute audio podcast follows the (non chronological) order of content below: [audio mp3="https://www.freemovement.org.uk/wp-content/uploads/2017/01/FM-podcast-October-2016-13012017-12.21.mp3"][/audio] [post_title] => Update 34 - October 2016 [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => update-34-october-2016 [to_ping] => [pinged] => [post_modified] => 2017-02-24 11:54:29 [post_modified_gmt] => 2017-02-24 11:54:29 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=42659 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 42632 [post_author] => 23 [post_date] => 2017-01-16 12:28:05 [post_date_gmt] => 2017-01-16 12:28:05 [post_content] => We are always grateful for feedback, thank you![gravityform id="1" title="true" description="true" ajax="true"] [post_title] => Feedback form [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => feedback-form-10 [to_ping] => [pinged] => [post_modified] => 2017-01-16 12:28:05 [post_modified_gmt] => 2017-01-16 12:28:05 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=42632 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw ) WP_Post Object ( [ID] => 42631 [post_author] => 23 [post_date] => 2017-01-16 12:27:14 [post_date_gmt] => 2017-01-16 12:27:14 [post_content] => Welcome to the September 2016 immigration update. This episode I start with a few EU law and process issues, cover the relevant higher court and Upper Tribunal cases for September and end with some policy updates.The material is all drawn from the September 2016 blog posts on Free Movement.The downloadable 20 minute audio podcast follows the (non chronological) order of content below:
[audio mp3="https://www.freemovement.org.uk/wp-content/uploads/2017/01/FM-podcast-September-2016.mp3"][/audio]
[post_title] => September 2016 immigration update [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => september-2016-immigration-update [to_ping] => [pinged] => [post_modified] => 2017-01-16 12:28:55 [post_modified_gmt] => 2017-01-16 12:28:55 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.freemovement.org.uk/?post_type=course_unit&p=42631 [menu_order] => 0 [post_type] => course_unit [post_mime_type] => [comment_count] => 0 [filter] => raw )